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Home My WebLink AboutSubject File & Agency Correspondence OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ,yp° � �� P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) E Telephone: 631 765-1938 Southold, NY �� www.southoldtownny.gov Cou PLANNING BOARD OFFICE June 4, 2019 TOWN OF SOUTHOLD John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Amended a Condition of Site Plan Approval: The Heritage at Cutchogue Residential Site Plan, aka Harvest Pointe 75 Schoolhouse Road, Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on June 3, 2019: WHEREAS, the owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions for this site plan, approved by the Planning Board on August 14, 2017, and amended on February 11, 2019. The condition to be amended is condition 20 (c) in the February 11, 2019 amended approval, which reads as follows: tree removal will be avoided during the [Northern long-eared bat]pup season from June 1 through July 31; and WHEREAS, the Planning Board has determined that this condition prohibiting clearing in June and July is no longer necessary based on the findings of the report entitled Northern Long-eared Bat Investigation from Nelson, Pope & Voorhis, LLC dated May 12, 2017. This report states that the remaining areas to be cleared did not contain any suitable roosting habitat for Northern long-eared bats due to the absence of suitable trees; all remaining trees to be removed were too small or did not contain cavities for bat roosting; be it therefore RESOLVED, that the Southold Town Planning Board hereby amends condition number 20 of the amended site plan approval dated February 11, 2019, to read as follows: The Heritage at Cutchogue 2 June 4, 2019 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: a. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. Note: Tree removal is no longer prohibited during June and July A copy of this amended condition of approval will be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Respectfully, r Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager OFFICE LOCATION: a MAILING ADDRESS: Town Hall Annex ' " P.O. Box 1179 54375 State Route 25 M1 � Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 2019 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Amended Site Plan Approval: The Heritage at Cutchogue Residential Site Plan, aka Harvest Pointe 75 Schoolhouse Road, Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on February 11, 2019: WHEREAS, this Residential Site Plan for the development of 124 detached and attached dwellings and associated amenities and infrastructure was approved on August 14, 2017; and WHEREAS, on October 16, 2017, the Planning Board adopted a resolution to amend page PH-1, Construction Phasing Plan of the approved site plan to permit additional clearing and grading for purposes described in the letter dated October 16, 2017 from the applicant, and further discussed in the Expanded Environmental Assessment for Construction Phasing dated October 13, 2017; and WHEREAS, on February 5, 2018, the Planning Board approved, via memo, changes and additions to the architectural plans for the A and B units; and WHEREAS, on July 3, 2018, the Planning Board approved a change, via memo, in the location of the Model C units from where they are shown on the approved site plan to any location that is currently occupied by a B unit, so long as no more than four C units are constructed; and The Heritage at Cutchogue 2 February 14, 2019 WHEREAS, on January 18, 2019, the Planning Board approved an additional architectural design, known as Model D, as well as permitting the optional screening in of patios via letter to the applicant; and WHEREAS, on December 26, 2018, the attorney for the owner of the development requested an amendment to the covenants and restrictions (C&R's) and provided a draft for review; and WHEREAS, on December 2, 2018, the Planning Board set the public hearing to review the proposed amendments to the C&R's; and WHEREAS, on January 14, 2019, the public hearing was held and the record kept open for one week for written comments; and WHEREAS, at their work session on February 11, 2019, the Planning Board reviewed the public hearing comments and determined that the C&R's could be amended with certain conditions, as listed above; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants approval to amend the covenants and restrictions (C&R's), as submitted and reviewed at the January 14, 2019 public hearing and entitled AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS Revised red-lined version dated January 2, 2019 from John Wagner, attorney for the property owner; and be it further RESOLVED, that the Southold Town Planning Board hereby grants an Amended Approval With Conditions, listed below, of the residential site plan entitled "Harvest Pointe at Cutchogue" (aka The Heritage at Cutchogue) prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated July 10, 2015, and last revised August 30, 2017, See attached list of plans included in the site plan. Amended Conditions: 1. Submit a copy ..:�ll�u rug �ii� i . h i �n ��r erk 2. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan including the architectural drawings, except where the Site Plan is amended by a majority plus one vote of the Planning Board after a Public Hearing. 3. The site will be constructed in four phases according to the Construction Phasing Plan, page PH-1. The Heritage at Cutchogue 3 February 14, 2019 4. The clubhouse „-podia.r �_sss �� 'i� �must be completed and a certificate of occupancy f6r,V�;Gse airyier4tJe&issued prior to certificates of occupancy being issued for any residential units "I,ie pooh l� o� eted arij a cerfificate of sso6 alter s to ryllUst be 5. There shall be no more than 124 residential units. Accessory apartments are not permitted. 6. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 7. All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. 8. No buildings shall be within 100 feet of the westerly property line of the subject property and no buildings shall be within 75 feet of the eastern property line. 9. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet. The Site Plan was approved with 219,076 square feet of livable floor area, with an allowance of 125 square feet potential increase in each unit with no expansion of the footprint. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. The Heritage at Cutchogue 4 February 14, 2019 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed 234,576 square feet. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11 above. 14.There shall be at least six different colors used for the exteriors of the residential units in the development to provide variety in appearance. 15.The use of low-flow plumbing fixtures within the residential units and the community building is required. 16.Prior to the certificates of occupancy being issued for L„7,,,,,,,residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 17.According to the Stipulation of Settlement, a total of$2,000,000.00 shall be payable by the Declarant for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town of Southold upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. These payments will be apportioned as Park and Playground fees and payments in lieu of building Moderate Income Family Dwelling units. The Heritage at Cutchogue 5 February 14, 2019 15...Prior to beginning Phases 2, 3-Gr... nr l�c�l rr � � rrrc l r v�l� ern lrrs . fci....at least 75% of the units included in-EI, li.a,se..1. been issuedwu m �fi � °n� � � iiriucw�W ) IL)g,�Lrj� ur uriu �factm t IIbbew.r�� d. "'I he ollowfinr ndition s r r � "igrr �l after tti l'iiiir'st iresiderid lmmmuru�iiilm_.�r�"`��n"�� r..'..1. a�� ,r iiimi;i �;��.e of a 1�1c rriirllrinr r.�rl rvl[ik:les, oast ucti n �� rw nriir"iirnrw g �g 'i'iir�. ......_.._f...... ""m .... .."�..__....____..... aiirnrr° �� atilt ii materials n l Mqg)l jn...streets where certificates c �91a have. �bee ir,r�ar�.ra�.a . S (!n its rir�ust b �n frw lww� w 1� for tIhe entire filth ref ff'ii r road to and d °fror r their iir�Dsii e r��:es. _........................I lillllll ��.cnrur�� 1...�siira �� l°�nrriirrr� IIV..°��r�ram��,..� ri�.� .......... ..... ...._.....__.W .................. . ° � l�`�nliiirr �� I...ar to ttie r�lllwrlll.rltlouse P!. _,----. �----...._.........._ .....��....".............. ..� .............�.__�_...._...._____ F°°Illr��niirvest IIPoinm�te l...rnnrue 'rorriu °tIlraa��!r ��r�iirn��.iir°�rrriirice �to 'ie ormd Of r� r it 2, . ... .. All fr,wtu re i3ecliuoris o roars ltierr clertific a s oLgL Lij µ ._I e been issued l�i�r�r, la r� C iwr . id mr.�� q °1 rho streets � contractors ��Ihi l _. w ." �� ... �..�. �. ...".... ..,,. anirr r n r r Illmi l ys arm r�iµm �anid iiniru�rrlaninirnmlllra.m raM ,! riyurw�.in I[ nr� se ^2 ranll„after b0 w �MiEMj eirrrflt has eeirm �ssued for the l� i nr m n l � � � o condition..#2 I nlU't e l plle fd.. r the rvrvry w rfi an iu(,firm of the III iin iirminm l..11 n ��in . i�iiin w n,l ui miiiin n cori structiori of units 1"1." .... 22.. w � r �n pre yf land not i � active coirw� �i��wd� rm iir�ii��Ilr�n�u�st� Il�)iiillliii � �� t � t _ . __ _._ .. ��." �m " c"l" lln� ll�..�� gnn9.._I �,�� 1 � �� Ilnnir 18 Prior )mmb be iiiu�"niuiiiiir� FFII n 3 i�°4,. t III st 75% c l°t ...Uiirifi firm hle Luribr p1 m b l any lmr r In rr L r rl� y,�ai a nle and � ,r r � ._ 1...L0.,,-.�LL_e contract to I ae .._ �. ... @�.N,. ......W__ ... ry ... M arch: " C i 1°e l°°)Ili n u nulr�°m. [ll.............. rd l l�l°is�...e.�_...�l.._n.e_. . ircre.on.t.eo �a�terrn�ine mtm�he r,.�r,�.�. rnl o n o f iirni .s ___. ...e .....""""""" that rr�iintl el �an icrfi tee olf occtgj2cLL be Under onlr t irnttxh r p This deterirniunafloll yLI @p ,[[ _ nLoir!rrm inn Mgrl the ar lover nd ��the iir"a orrtlact�i is ions iirri4l rrtsiriM fp y 2f residts, r oflay wMconStRiction. 19.Limits of clearing will be established for each phase of development according to the approved Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. At the beginning of each phase of development, the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee, and the Office of the Town Engineer prior to any land clearing. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. The Heritage at Cutchogue 6 February 14, 2019 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: a. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. c. Tree removal will be avoided during the pup season from June 1 through July 31. 21.April 1 5 through October 1 : Prior to beginning clearing of each phase, measures to protect the Eastern Box Turtle must be taken. As a New York State- listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11-0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 1' through October 31sttl�'' will be preceded by wildlife surveys following the protocol below: a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. b. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort c. Timing of survey: i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. e. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. The Heritage at Cutchogue 7 February 14, 2019 f. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. g. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. h. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). i. The barrier should be installed immediately prior to the required survey. j. A person familiar with barrier maintenance shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. k. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. I. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1st through October 31st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. m. Outside the Turtle Active Season (November 1 st through March 31 st) -- If the barrier has been left in place over the winter months and construction is on- going, a person familiar with barrier maintenance shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. The Heritage at Cutchogue 8 February 14, 2019 22.To facilitate access for Eastern Box Turtles to the habitat reserved for them in the two areas labeled Seed Mix C that are surrounded by curbing and sidewalk, add at least two sections of flush curbing, each at two feet in length, to each circle, the location and design of which will be reviewed and approved by the Planning Board. These are in addition to the handicap ramps where turtles could also conceivably gain access. 23.All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site. All drainage structures must be installed as approved and any changes must be reviewed and approved by the Southold Town Office of the Engineer. 24.Natural Buffer: a. A minimum 50-foot buffer shall be maintained around the perimeter of the property, as shown on the approved site plan. The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer is identified on the site plan as "Natural Buffer." b. Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the buffer of native evergreens in Phase 1 must be done to accomplish the goals stated above in a. and b. wherever the Natural Buffer is accessible. Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall be done during appropriate planting seasons during these later phases. d. No clearing, grading or mowing may occur within the Natural Buffer area.. e. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. The Heritage at Cutchogue 9 February 14, 2019 25.Existing native evergreens will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where possible. 26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. 27.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 28.Landscaping must be planted and maintained as detailed and shown on pages L-1 through L-6 of the approved site plan. 29.The emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and, once constructed, shall be closed with a gate at all times. 30.Agate at the entrance to the development is not permitted without prior approval by the Planning Board after a Public Hearing. 31.The booth at the entrance shall not be staffed unless approved by the Planning Board after a Public Hearing, except during construction. 32.Bike racks shall be provided at the community center and the tennis court. 33.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 34.The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. The Heritage at Cutchogue 10 February 14, 2019 b. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. c. No construction activities are permitted on Sundays, year-round, and the following holidays: i. New Year's Day ii. Memorial Day iii. Independence Day (Fourth of July) iv. Labor Day v. Thanksgiving Day vi. Christmas Day 35.The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site improvements as detailed on page C-10 Off-site Improvement Plan. 36.The following signage must be installed at the expense of the Heritage at Cutchogue prior to receiving building permits, except for item c. below, which is only required if (1) such No Left Turn sign is approved by Town Board resolution and also by the New York State Department of Transportation (NYSDOT) without requirement of submission of a traffic study or intersection re-design plan, and (2) the requirement of such sign will not delay implementation of the subject project: a. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection (as detailed on page C-10 of the site plan). Approved by Town Board resolution #2017-533. b. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign.Approved by Town Board resolution #2017-533. c. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. ATown Board hearing will be requested by the Planning Board after approval of this resolution. 37.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. The Heritage at Cutchogue 11 February 14, 2019 38.A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: a. A notice provided to all contractors and subcontractors accessing the site about the following: b. Area speed limits; c. Public and private school safety zones; d. Residential neighborhoods; e. No access to or from site over Spur Road or Bridle Lane; f. Days/hours of proposed construction activity; g. Parking areas for workers and heavy vehicles; h. Construction staging areas; i. Measures to ensure protection of land and integrity of local roadways; j. Construction Vehicle Route Designation; k. Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission.. 39.All utilities must be underground. 40.No overnight parking in the streets due to their narrow width. 41.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On- Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Subject Property until such time as a condominium owners association takes over the management of the Property; and The Heritage at Cutchogue 12 February 14, 2019 c. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 42.Irrigation: a. Overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. Drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. Soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. Irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; and e. Water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. All irrigation wells shall include a meter to monitor the use of water for irrigation, a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 43.The Open Space area is required to be at least 50% of the land area of this site, and consists of a total of 23 acres, as shown on page OS-1 of the Site Plan. The permitted and prohibited uses in the open space are detailed in the covenants and restrictions and in part on page L-1 of the site plan. 44.Any changes in the extent, height or materials to the existing fence along a portion of the perimeter of the property require prior review and approval from the Planning Board. 45.Solar panels are required to be provided on the clubhouse. 46.A first aid station is required to be provided in the clubhouse. The Heritage at Cutchogue 13 February 14, 2019 47.The final design of the Harvest Pointe sign at the entrance for the development will require prior review and approval by the Planning Board for location and lighting, and the Building Department for code compliance. 48.The fence around the tennis court will require review by the Building Department for code compliance. 49.This site plan approval shall be valid for three (3) years from the date of this approval, unless the Planning Board grants an extension. 50.Any changes from the approved site plan shall require Planning Board approval. 51.Prior to the issuance of the first residential unit's certificate of occupancy for each phase of the project, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found to not be in conformance with the Approved Site Plan, no certificate of occupancy may be issued unless the Planning Board approves the change. REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. • Review conditions 24, 25 & 26 relative to the buffer and existing trees. A copy of this Amended Approval will be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman The Heritage at Cutchogue 14 February 14, 2019 CC' Michael Verity, Chief Building Inspector James Richter, Stormwater Manager Encl. Site Plan list for Heritage at Cutchogue (aka Harvest Pointe) By signing this letter, the property owner acknowledges that the conditions of approval have been amended as listed above. Print name: Property Owner Signature: Date: The Heritage at Cutchogue 15 February 14, 2019 Site Plan list for Heritage at Cutcho ue aka_Harvest Pointe WW_ _ Page # Title Last Revised Date Sheet Index 8/30/17 _W.........., -...................................................................... .... C-1 Lec,�end and General Notes _ 8/30/17 C-2.0 Overall La out and Materials Plan 8/30/17 C-2.1 Layout and Materials Plan 8/30/17 C-2.2 Layout and Materials Plan 8/30/17 C-3.0 Overall Gradm and Draina a Plan 8/30/17 C-3.1 _ Grading and Drainage Plan 8/30/17 C-3.2 Gradinq and Drainage Plan 8/30/17 C-3.3 Drai......nage Calculations 8/30/17 . _ ____ C-4.0 Overall Utility Plan 8/30/17 C-4.1 Utility Plan 8/30/17 C-4.2 Utility Plan 8/30/17 C-4.3 Sanitary Plan 8/30/17 C-4.4 SanitaryPlan 8/30/17 C-4.5 Sanitary Calculations, Water Service Crossing Chart 8/30/17 C-4.6 Drainage Structure Table 8/30/17 C-5.0 Erosion & Sediment Control Plan 8/30/17 C-6.0 Site Details I 8/30/17 C-6.1 Site Details II 8/30/17 C-7.0 Drainage Details 8/30/17 C-8.0 Water Details 8/30/17 __. . C-9.0 SanitarVDetails 8/30/17 C-10 Off Site Improvement Plan 8/30/17 .ww.w..� ...... ....------- L-1 Overall Planting Plan 8/30/17 ._ L-2 Tree Planting and Seeding Plan 8/30/17 L-3 Tree Planting and Seeding Plan 8/30/17 L-4 Shrub Plantin Plan T pical Units 8/30/17 .._._.�...... _ - L-5 Shrub Planting Plan Clubhouse and Entrance 8/30/17 L-6 Planting Details 8/30/17 SB-1 Soil Borings 8/30/17 Ian- Soil Stripping Plan SMP 1 Soil Management P 8/30/17 OS-1 Open Space Plan 8/30/17 1-1.1 Lighting Plan 8/30/17 1-1.2 Lighting Plan_ 8/30/17 1-1.3 Li htin_Details 8/30/17 w .wwww_ R-1 500' Radius Map 12/29/15 wwwww... Existing Conditions Surve y_ 2/4/15 TR-1.0 Fire Truck Circulation Plan 1/3/17 TR-2.0 Single Unit Truck Circulation Plan 1/3/17 PH-1 Construction Phasing Plan 8/30/17 TS-1 Tree Survey Overlay Plan 1/3/17 TS-2 Tree Survey Overlay Plan 1/3/17 TS-3 Tree Relocation Plan 3/27/17 The Heritage at Cutchogue 16 February 14, 2019 Narrative Plans Booklet Formate Title Date Construction Health and Safety Plan October 12, 2016 Soil Management Plan October 12, 2016 Construction Traffic Management and Logistic Plan June 14, 2017 Community Air Monitoring Plan October 12, 2016 Architectural Drawings ......... Title Pa e # Last Revised Date Recreation Building Elevations R1 5/30/17 Elevations R2 5/30/17 Foundation Plan R3 5/30/17 Floor Plan R4 5/30/17 Roof Plan R5 5/30/17 Model A-Basic Elevations Al 17/18/17 Foundation Plan A2 7/18/17 First Floor Plan A3 7/18/17 .. ........ Second Floor Plan A4 7/18/17 Roof Plan A5 7/18/17 _W.......... ..... Model A-1 Elevations A1-1 7/18/17 Foundation Plan Al-2 7/18/17 ............... .................... First Floor Plan Al-3 7/18/17 _WW ............ Second Floor Plan Al-4 7/18/17 Roof Plan Al-5 7/18/17 Model B Elevations B1 7/18/17 W ..... Foundation Plan B2 7/18/17 ....._..�..................... First Floor Plan B3 7/18/17 Roof Plan B4 7/18/17 Model B-1 Elevations B1-1 7/18/17 Foundation Plan B1-2 7/18/17 Floor Plan B1-3 7/18/17 Roof Plan 131-4 7/l8/17 The Heritage at Cutchogue 17 February 14, 2019 ...................... _ �........__._ Model B-2 Elevations 132-1 6/16/17 Foundation Plan B2-2 6/16/17 ---- _ ......._-___ . First Floor Plan B2-3 6/16/17 w...... .......... Roof Plan B2-4 6/16/17 __—______................................ Model C .wwww_ Elevations Cl 6/16/17 First Floor Plan C2 6/16/17 Second Floor Plan C3 6/16/17 Model D D-1 10/17/18 D-2 10/17/18 ...... ............................... D-3 10/17/18 _........ ... D-4 10/17/18 Model A Changes to Original Plans Duet Cluster Elevations Al 8/23/17 Units 77 & 78 ......................... Duet Cluster Elevations A1.1 8/23/17 Units 77 & 78) Duet Cluster Foundation Plan A2 8/23/17 (Units 77 & 78) Duet Cluster First Floor Plan A3 8/23/17 (Units 77 & 78) Duet Cluster Second Floor Plan A4 8/23/17 (Units 77 & 78) Duet Cluster Roof Plan A5 8/23/17 (Units 77 & 78 ........ ...._.. _._._.. Duet Cluster Elevations Al 8/23/17 (Units 79 & 80) ..... ... ......... ......... . Duet Cluster Elevations A1.1 8/23/17 (Units 79 & 80) Duet Cluster Foundation Plan A2 8/23/17 Units 79 & 80 Duet Cluster First Floor Plan A3 8/23/17 (Units 79 & 80) Duet Cluster Second Floor Plan A4 8/23/17 (Units 79 & 80 Duet Cluster Elevations Al 8/23/17 (Units 81 & 82) Duet Cluster Elevations Al.1 8/23/17 (Units 81 & 82) Duet Cluster Foundation Plan A2 8/23/17 Units 81 & 82) The Heritage at Cutchogue 18 February 14, 2019 .......... Model A Changes to Original Plans Continued Duet Cluster First Floor Plan A3 8/23/17 Units 81 & 82 ............................................................. - ......... Duet Cluster Second Floor Plan A4 8/23/17 Units 81.& 82 ...................... Duet Cluster Roof Plan A5 8/23/17 Units 81 & 82 Duet Cluster Elevations Al 8/23/17 (Units 123 (Model A) & 124 Model A1715 Duet Cluster Elevations Al.1 8/23/17 (Units 123 (Model A) & 124 (Model al-15) ...................... Duet Cluster Foundation Plan A2 8/23/17 (Units 123 (model A) & 124 Model Al-15)) Duet Cluster First Floor Plan A3 8/23/17 (Units 123 (Model A) & 124 (Model al-15 Duet Cluster Second Floor Plan A4 8/23/17 (Units 123 (Model A) & 124 (Model Al-15)) Duet Cluster Roof Plan A5 8/23/17 (Units 123 (Model A) & 124 (Model Al-15 ......................................................WW_ .......... Model B Changes to Original Plans ....... ........_ _�- Duet Cluster Elevations B-1 10/13/17 Units 25 & 26) Duet Cluster Elevations B-1.1 10/13/17 Units 25 & 26 Duet Cluster Foundation Plan B-2 10/13/17 Units 25 & 26) Duet Cluster First Floor Plan B-3 10/13/17 (Units 25 & 26 ........ ......... _-.._. ..... Duet Cluster Rood Plan B-4 10/13/17 Units 25 & 26) ........................____ �........ Duet Cluster Elevations B2-1 1/5/18 (Unit 23 Model B-2 & Unit 24 B-2 ALT-2 _..._................... ........ ......... -.._ ...... _ Duet Cluster Elevations 132-1.1 1/5/18 (Unit 23 Model B-2 & Unit 24 B-2 ALT-2 The Heritage at Cutchogue 19 February 14, 2019 v_. ........................... Model B Changes to Original Plans Continued Duet Cluster Foundation Plan 132-2 1/5/18 (Unit 23 Model B-2 & Unit 24 B-2 ALT-2) - Duet Cluster Floor Plan 132-3 1/5/18 (Unit 23 Model B-2 & Unit 24 B-2 ALT-2) Duet Cluster Roof Plan 132-4 1/5/18 (Unit 23 Model B-2 & Unit 24 13-2 ALT-2) vv .. Model D & Model D1 Changes to Original Plans Duet Cluster Elevations D-1 11/1/18 Duet Cluster Elevations D-2 11/1/18 Duet Cluster Foundation Plan D-3 11/1/18 Duet Cluster First Floor Plan D-4 11/1/18 New Model D Roof Plan D-4 10/17/18 New model D Elevations D-1 10/17/18 I k i II {{ 1 V A])JIENDED DECLARATION OF COVENANTS AND RESTRICTIONS, 7 AMENDED DECLARATION made this day of 2019Septepiber;28 ?, by RIMOR DEVELOPMENT LLC, a New York limited liability company with a place of business located at 1721 D North Ocean Avenue, Medford, New York 11763, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate at the northwest corner of Schoolhouse Road and Griffing Street, at Cutchogue, in the Town of Southold, County of Suffolk, and State of New York (Suffolk County Tax Map parcel number 1000-102-1-33.3), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the DECLARANT has made an application to the Planning Board of the Town of Southold (hereinafter referred to as the "Planning Board") for a residential site plan to include 124 condominium units and associated accessory structures, hereinafter referred to as the "Project," as shown on the approved site plan entitled "Harvest Pointe" (aka "Heritage at Cutchogue"), prepared by VHB Engineering, Surveying & Landscape Architecture, P.C., last dated August 30, 2017, and including 43 pages, and hereinafter referred to as the "Site Plan"; and WHEREAS, a digital copy of the Site Plan is available for reference from the Town of Southold (hereinafter referred to as the "Town"); and WHEREAS, as a condition of granting approval of the Site Plan, and ��317f'�;'C' �SC�k (�: ;P�O�i J'�iUt]the Planning Board has required that this _Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the development of the Property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, as a condition of approval of the Site Plan and to further the Town's goals of land preservation, the Planning Board has found that 50% of the land area of the Property shall be preserved as open space, and has required that these covenants include specific restrictions over the open space portion of the Property, as shown on the aforementioned Site Plan, on Page OS-1; and WHEREAS, pursuant to § 280-97 of the Code of the Town (hereinafter referred to as the "Town Code"), entitled Right to farm, the Town has determined that farming is an essential activity within the Town, and that farmers shall have the right to farm in the Town without undue interference from adjacent landowners or users; and, for the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property. NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. There shall be no subdivision of the Property resulting in additional building lots (this prohibition of subdivision shall not apply to condominium unit designation maps). No lot lines shall be changed unless authorized by the Planning Board by a majority-plus-one vote after a public hearing. 2. Until such time as the DECLARANT has paid in full the $2,000,000 fee specified in Paragraph 25 of the "Stipulation of Settlement" in NOCRO, Ltd., et al. v. Scott A. Russell, et al., Suffolk County Supreme Court Index No. 2 19101/2009, which was "so-ordered" by Justice Jerry Garguilo on September 25, 2014, the DECLARANT shall provide the Town Clerk with written notice of any sale or transfer of any portion of the Property, and any such sale or transfer must be expressly made subject to the terms and provisions of the "so-ordered" "Stipulation of Settlement," as same may be amended. 3. The Project shall be constructed in four phases, according to the Construction Phasing Plan approved for the Project by the Planning Board, unless otherwise approved by the Planning Board. Prior to commencement of Phases 2, 3, or 4 of the Project, per4if+bate&-of-oc-G�-ipa%y-shat�-have--beefi l6sue4--f6r--at least 75% of the units included in the prior phase„ hp,il have been ir,su,ed.certificates of occupancy or{b be under : r Y to be solo. f he Project shall be constructed and maintained substantial) in aspects o t Y 4. All p 1 accordance with the Site Plan, including the architectural drawings, except where the Site Plan is amended by a majority-plus-one vote of the Planning Board after a public hearing. 5. The occupancy of all the residential units on the Property is limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 6. The clubhouse and grounds are for the personal enjoyment of the occupants of units in Harvest Pointe and their family members, and shall not be rented or leased for use by non-occupants for special events, including, but not limited to, weddings, fund-raisers and parties. 3 7. There shall be no more than 124 dwelling units. Accessory apartments are not permitted. 8. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 9. Low-flow plumbing fixtures shall be used within the residential units and the community building on the Property. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet (i.e., 219,076 square feet of livable floor area plus a maximum increase of 125 square feet in each unit, with no expansion of the footprint of such unit), except that the Planning Board may approve additional square footage in "B" units, with no expansion of the footprints of such units, provided that the total livable floor area of all residential units on the Property shall not exceed 245,000 square feet. Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services ("SCDHS"). "Livable floor area,"for the purposes of this /"� d Declaration, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor 4 area on the Property does not exceed the amounts set forth in Paragraph 10, above. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11, above. 14.Construction of all buildings on the Property shall comply with the New York State Energy Conservation Construction Code. 15.Prior to issuance of certificates of occupancy for any residential units on the Property- a. a certificate °�r r�ccupga icyrshall have been75sued for e„the clubhouse, _.- e pouf;-ar►d-ass©siat site vvor on the Property-&haR ge-ce rleeted; f e--ef-eGGu an --#ef t�� e-amen#t+e&-s aWbee-issued; ce #cat aft �► p s'y , and b. all site work and infrastructure servicing any th,—residential units--to must be completed in accordance with the Site Plan, and to the satisfaction of the Planning Board. 16.Owners of residential units on the Property shall be given notice as to proper methods for disposal for pharmaceuticals and shall be instructed not to dispose of such materials in the wastewater disposal system on the Property.. 17.A total of$2,000,000.00 shall be payable by the DECLARANT for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town 5 upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. 18.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Property until such time as a condominium owners association takes over the management of the Property; and C. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 19.All exterior lighting on the Property, including lighting on the residential units, shall comply with (a) the provisions of Chapter 172 of the Town Code, and (b) the Lighting Plan pages of the Site Plan. Any future exterior light fixtures not shown on the Site Plan must be reviewed for compliance and approved by the Planning Board prior to installation. There shall be no lights on the tennis court on the Property. 20.An entrance gate is not permitted, and the entrance booth shall not be staffed, except with prior approval of the Planning Board after a public 6 hearing. The entrance booth may be staffed during construction of the Project. 21.A nature trail, constructed of pervious material, shall be installed and maintained on the Property, as shown on the Site Plan. 22.Bike racks shall be provided at the community center and the tennis court on the Property. 23.The emergency access for the Property at Bridle Lane shall be used for emergency access only, and shall not be used for any other traffic, including construction traffic. 24.Parking shall be restricted to one side of each of the access roadways on the Property, and there shall be no overnight parking on such roadways. 25.The DECLARANT acknowledges that the Site Plan is within 500 feet of land in agricultural use. All owners and future owners of the condominiums are hereby provided notice of protected farm practices pursuant to the Town Code Farmland Bill of Rights. Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground spraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers); raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing farm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water; pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training of laborers and others in the use and care of farm 7 equipment and animals; traveling local roads in properly-marked vehicles; and providing local farm produce markets near farming areas. These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays and weekends, at night and in the day. Such activities are presumed to be reasonable. Such activities do not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare. 26.All stormwater management and drainage controls shall be maintained in perpetuity as required and shown on the Site Plan. 27.All stormwater run-off resulting from the development of the Site Plan shall be retained on site and shall be the responsibility of the Property owner to manage. 28.Utilities on the Property, including but not limited to electric, gas, telephone and cable, shall be underground. 29.Landscaping Maintenance: All plantings, landscaping, and landscape maintenance must follow the Site Plan specifications on Pages L-1 through L- 6. In particular, there is a detailed Landscape Management Plan on Page L-1 of the Site Plan. 30.All trees shall be maintained as shown on the Site Plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size shown on the Site Plan, Pages L-1, L-2, or L-3. Any change in species must be approved in writing by the Planning Board. 31.A natural, vegetated buffer, hereinafter referred to as the "Natural Buffer", shall be maintained on the Property's perimeter, at the dimensions shown on 8 the Site Plan, for the purpose of providing substantial visual screening and providing natural wildlife habitat. The Natural Buffer shall be maintained to provide a dense double row of evergreens with supplemental plantings of native evergreens to be added where substantial visual screening does not exist naturally, or where existing trees have died. The Natural Buffer is part of the Open Space and specific restrictions are included below. 32.The areas on Site Plan Pages L-2 and L-3 labeled as "Seed Mix C" shall be managed for native vegetation and wildlife habitat. 33.All planted/transplanted vegetation on the Property shall survive at least three (3) years from the time each phase of the Project is completed, or shall be replaced at the expense of the Project developer. After such three (3) years, the condominium association shall be responsible for maintaining the vegetation approved in the Site Plan. 34.With respect to irrigation on the Property: a. overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; e. water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the 9 pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. all irrigation wells shall include a meter to monitor the use of water for irrigation, and a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 35.Synthetic herbicides and pesticides shall not be applied on the Property except in cases where organic methods are shown to be ineffective, and a written statement is provided by an entomologist, plant pathologist, weed scientist, and/or qualified landscape professional stating that chemical treatment(s) are the only effective measure(s) for control or eradication for a particular incident of plants or pests. This written statement, together with a map showing the proposed location(s) of the problem area(s), must be submitted to the Planning Board prior to the application of the herbicide(s) or pesticide(s). All applications of herbicides or pesticides shall be made by a New York State Department of Environmental Conservation Certified Pesticide Applicator. 36.With respect to the use of fertilizer on the Property: a. fertilizer shall be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary; b. only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and a minimum 50% of Water-Insoluble Nitrogen (WIN) shall be used; and c. fertilizer shall be applied, in any application, at a maximum rate of one (1) pound of nitrogen per 1,000 square feet of land area, and no more than two (2) pounds of nitrogen per 1,000 square feet of land area shall be applied in any calendar year. 37.Open Space Prohibited and Permitted Uses The Open Space area is required to be at least 50% of the land area of the Property, and consists of a total of 23 acres, as shown on Page OS-1 of the 10 Site Plan. The restrictions on the future uses of the Open Space, including the Natural Buffer, are as follows. Prohibited a. Vegetation Removal or Disturbance The mowing, cutting, clearing, removal or disturbance of vegetation, including trees, shrubs, and groundcover, is prohibited, except as permitted below. b. Structures No buildings or other structures or improvements may be erected or constructed, except as permitted below. c. Excavation, grading, removal of materials and mining are prohibited, except where necessary for permitted activities. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal from the site of topsoil, sand, or other materials shall not take place. The topography shall not be changed except as approved by the Planning Board on the Site Plan, and there is no grading or excavation permitted in the Natural Buffer, except the minimum amount of digging necessary to create planting holes for evergreens as required to maintain a densely-vegetated screen. d. Motorized vehicles The use of motorized vehicles within the Open Space area is prohibited, including, but not limited to, recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's), except for lawn mowers and similar maintenance equipment. e. Soil and Water 11 Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. f. Dumping The dumping or accumulation of unsightly or offensive materials, including, but not limited to, trash, garbage, sawdust, ashes or chemical waste, is prohibited. g. Utilities The creation or placement of overhead utility transmission lines and utility poles is prohibited. Underground utilities are permitted, except in the Natural Buffer. h. Other Uses The use of the Open Space for any commercial or industrial purpose is prohibited. Other uses not permitted include paintball, shooting ranges, swimming pools, wireless facilities or cell towers, and all uses that are not consistent with the purposes of these covenants. i. Development Rights The use of the acreage of this Open Space for purposes of calculating lot yield on any other property is prohibited. All existing development rights, and any further development rights that may be created through a rezoning of the Open Space, except those required to carry out the permitted uses of and activities on the Open Space, are terminated and extinguished and may not be used or transferred to any other parcels. Permitted a. Landscape Maintenance 12 (1) Areas labeled 'Natural Buffer' (a) Clearing for the installation and maintenance of the Nature Trail as shown on the Site Plan. The exact location of the trail shall be adjusted during installation to avoid the removal of trees. (b) The only vegetation allowed to be disturbed or removed are noxious or invasive plants and vines, but they must be hand- pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species that does not disturb existing native plantings is permitted without prior Planning Board approval. (c) The Natural Buffer may be supplemented or re-planted with native vegetation plantings according to the approved landscape plans in the Site Plan, or according to a re- vegetation plan with prior written consent of the Planning Board. (d) Dead or diseased trees that are a potential hazard to residences or people may be removed with prior approval from the Planning Board, and with a report from a certified arborist that the tree is dead or diseased. (e) Notwithstanding the foregoing, a dead or diseased tree that, in the opinion of a certified arborist, represents an imminent threat to structures or people may be removed without prior Planning Board approval, and the arborist shall submit a report of any such removal to the Planning Board within one business day after such removal. 13 (f) Any tree removed, as set forth above, shall be replaced with a tree of a size and species listed on the Planning Board's list of approved trees. (2) Areas labeled 'Seed Mix C' on Site Plan Pages L-2 & L-3 (a) Maintenance of these areas as natural native meadow habitat. (b) Mowing is permitted as follows: i. there shall be no mowing from May through October 15 to avoid turtles and other wildlife; ii, mowing shall not be performed more than once a year after October 15; ii!i. mowing with flail mower heads with guide bars that ride along the ground shall be avoided; iv, no less than seven (7) inches of stubble height shall be retained to retain important cover for animals, and to reduce mortality of turtles; V. mowing shall be in a pattern from the center outward, to avoid congregating fleeing animals into the center; and vi, removal of noxious or invasive plants and vines is permitted, but they shall be hand-pulled, hand-cut, cut with machinery selective enough to keep nearby plants intact to the greatest extent practicable, or treated with organic herbicides only, except as set forth in Paragraph 35, above. (c) Substitutions of species are permitted, with prior written approval from the Planning Board after a finding that the species are native and drought-tolerant. (d) Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species, and selective 14 application of organic herbicide or pesticide that does not disturb existing native plantings is permitted without prior Planning Board approval. (3) Other areas of Open Space (not including the Natural Buffer and areas labeled Seed Mix C): (a) All typical landscape maintenance activities are permitted. (b) Vegetation may be removed and replanted according to the Site Plan with no prior approval from the Planning Board. (c) Substitutions of species are permitted, so long as at least 50% of the plants in the non-turf areas are native species with moderate to high drought tolerance. All trees must be maintained as shown on the Site Plan. b. A fence along the Property boundary, with prior Planning Board approval required prior to installation, except for repair or replacement in kind, which shall not require prior Planning Board approval. Clearing for a fence line must avoid and preserve any trees of six (6) inches diameter at breast height (dbh) or larger, and must avoid removal of the evergreens in the Natural Buffer. c. "Passive outdoor recreation," defined as dispersed, noncommercial, and non-motorized recreational activities that do not rely on buildings and have minimal impact on natural resources, is permitted. Such uses include hiking, a nature trail as shown on the Site Plan, nature observation, picnicking, cross-country skiing, snowshoeing, bird watching, and enjoyment of open space. d. Structures: a gazebo as shown on the Site Plan; solar panels as permitted by the Town Code, and only with prior Planning Board approval after a public hearing; and park benches and picnic tables, 15 without prior approval of the Planning Board; except no structures are permitted in the areas labeled Seed Mix C or the Natural Buffer other than portions of the pedestrian path as shown on the Site Plan. e. Water supply and sewage disposal systems, and stormwater detention areas as shown on the Site Plan, are permitted; however, they shall not be located in the Natural Buffer. Stormwater detention areas must be designed, landscaped, and available for use as an integral part of the Open Space area. 11-0 )urea ndeci "'Hid Restrctions' su" rcedr H 'Deciarati .o.i.�.. andA..RH September 2w01 / _hat yeas recorded against the Properly in the„Office of the Suffioik r;�Huuu sty Clerk..on Septern a r 21, 20,17 12z a ,0 f t ..� _.. .. .._ � 4l�'in ^� ia[ �,�.' of Covenants and Restrictions" in,the Office of flue Suffolk County Clerk file �,,;rior "Decla a. iat anid daled the 19th d �",i of Septtr��ber...2017 and iecofded .a.r ainsi the Propeilv in t e Office of the Suffolk Co�,ivi .... ... . He1, ,n ibel Ds,He. rr' il� �IIV I,,U J1"!lei ,f�i,M.i, i� e4f �1k.,,n',', r "�Iti;, �' CH n(') i6,.alth J, 55 shall be autoi-na„ , 'H The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority-plus-one vote of the Planning Board or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, or invalid or be held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or 16 provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the DECLARANT shall pay, either directly or by reimbursement to the Town, all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to 17 impose any liability whatsoever upon the Town or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Amended Declaration the day and year first above written. DECLARANT RIMOR DEVELOPMENT LLC: By: RIMLANDS INC., Manager By: Jeffrey Rimland, President and MF 2 LLC, Manager By: Robert Morrow, Manager STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) On this day of 1 �� n ,' epter , in the year 20197-, before me personally appeared Jeffrey Rimland, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 18 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) On this day of J °��x in the year 2019 , before me personally appeared Robert Morrow, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 19 Schedule A. Legal Description of the Property 20 d MAILING ADDRESS: PLANNINGMEMBERS f ff s .. ., P.O. Pox 1179 DONALD J.WILCENS ��" lit Southold, NY 11971 Chair oC�t ®1♦'li°ICE Id®CATI®Ial: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDCR " �'�)"� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF S UTHOLD September 20, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Site Plan Approval (Final): The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The following resolution was adopted at a meeting of the Southold Town Planning Board on August 14, 2017: WHEREAS, this proposed Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 +/- sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 289 parking spaces, of which 248 are associated with the individual dwelling units and 41 are associated with the clubhouse, and various other associated site improvements, on a vacant 45.99- acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in Cutchogue; and WHEREAS, on November 7, 2016, the Planning Board granted Conditional Approval to this Site Plan application; and WHEREAS, on January 6, 2017, the applicant submitted revised plans; and WHEREAS, on February 27, 2017, the revised plans were referred to the Office of the Town Engineer for review and comment; and WHEREAS, at their Work Session on February 27, 2017, the Planning Board reviewed the revised plans and compared them with their conditional approval from November, 2016; and The Heritage at Cutchogue 2 September 20, 2017 WHEREAS, in a letter to the applicant's agent dated March 6, 2017, the Planning Board required more information to be submitted to satisfy the conditional approval, and agreed to modify several conditions; and WHEREAS, on March 6, 2017, the applicant submitted updated architectural drawings, and on March 7 those drawings were referred to the Town Architectural Review Committee; and WHEREAS, on March 10, 2017, the applicant submitted a letter requesting permission to begin Phase 1 tree clearing prior to Final Site Plan approval due to the condition that no tree clearing be permitted between June 1 and July 31; and WHEREAS, on March 13, 2017, the Planning Board received comments from the Office of the Town Engineer on the revised plans; and WHEREAS, in their letter dated March 15, 2017, the Planning Board required that certain revised plans be submitted prior to their considering the request for tree clearing prior to final site plan approval; and WHEREAS, on March 17, 2017 the revised plans were referred to the Cutchogue Fire District for review and comments about emergency access and fire hydrant locations; and WHEREAS, on March 21, 2017 the applicant submitted a letter of water availability from the Suffolk County Water Authority; and WHEREAS, on March 27, 2017 the Planning Board received comments from the Architectural Review Committee; and WHEREAS, on March 28, 2017 the applicant submitted the revised plans required by the Planning Board to be submitted prior to their considering the request for tree clearing prior to Final Site Plan approval; and WHEREAS, on April 5, 2017 the Planning Board received a Bond Estimate (aka Performance Guaranty) from the Office of the Town Engineer; and WHEREAS, on April 10, 2017, the applicant submitted a "Performance Bond and Security Agreement" (the "Bond") and, as security therefor, a Savings Passbook in the principal amount of $150,014.00; and WHEREAS, at their meeting on April 10, 2017, the Planning Board approved the Bond Estimate (aka Performance Guaranty), and the Bond in the amount of $150,014.00, as well as the clearing of trees for Phase 1 before Final Site Plan approval; and WHEREAS, on April 11, 2017, the Town Board approved the Bond referenced above in their Resolution No. 2017-340; and The Heritage at Cutchogue 3 September 20, 2017 WHEREAS, on April 13, 2017 the Planning Board received comments from the Cutchogue Fire District that the revised plans were in accordance with their requests; and WHEREAS, the Planning Board completed their review of the site plans submitted on January 6, 2017 and required corrections and revisions as outlined in their letter to the applicant dated June 2, 2017; and WHEREAS, on June 23, 2017, the applicant submitted revised plans in digital format; and WHEREAS, the Planning Board reviewed the revised plans and required corrections and revisions as outlined in their letter to the applicant dated June 28, 2017; and WHEREAS, at their Work Session on June 19, 2017, the Planning Board received a request from the applicant for the Planning Board to authorize the Heritage and its contractors to commence steps 7, 8 and 9 of Phase I prior to Final Site Plan approval; and WHEREAS, at their meeting on July 10, 2017, the Planning Board authorized the Heritage to commence steps 7, 8 and 9 of Phase I prior to final site plan approval; and WHEREAS, on August 3, 2017, the applicant submitted revised plans in digital format; and WHEREAS, the Southold Town Planning Board has reviewed the revised plans and determined that they meet the Board's conditions, and that all applicable requirements of the site plan regulations in Southold Town Code, Article XXIV, §280 Site Plan Approval, have been met under the conditions listed below; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants Approval With Conditions, listed below, of the residential site plan entitled "Harvest Pointe at Cutchogue" (aka The Heritage at Cutchogue) prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated July 10, 2015, and last revised July 28, 2017, and authorizes the Chairman to endorse the site plan after Condition I" below is met. See attached list of plans included in the site plan: Conditions: 1. Prior to the Chairman endorsing the site plans, the following must be completed: a. Lighting Plan shall be submitted, reviewed and approved, including sign lighting: i. All exterior lights and their light measurements are to be shown on a single page photometric plan; The Heritage at Cutchogue 4 September 20, 2017 b. Reduce the number of street lights by 11, leaving street lights at intersections, road ends, median islands and parking lots; c. Four paper copies of the final site plan and all related plans (see attached list) shall be submitted; d. Covenants & restrictions (C&R's) shall be finalized; e. A copy of the C&R's and proof they were filed with the County Clerk shall be submitted; f. Submittal of the site plan with the approval stamp of the Suffolk County Department of Health Services. 2. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan including the architectural drawings, except where the Site Plan is amended by a majority plus one vote of the Planning Board after a Public Hearing. 3. The site will be constructed in four phases according to the Construction Phasing Plan, page PH-1. 4. The clubhouse, pool, and associated site work must be completed and a certificate of occupancy for those amenities issued prior to certificates of occupancy being issued for any residential units. 5. There shall be no more than 124 residential units. Accessory apartments are not permitted. 6. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 7. All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. 8. No buildings shall be within 100 feet of the westerly property line of the subject property and no buildings shall be within 75 feet of the eastern property line. 9. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and The Heritage at Cutchogue 5 September 20, 2017 c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet. The Site Plan was approved with 219,076 square feet of livable floor area, with an allowance of 125 square feet potential increase in each unit with no expansion of the footprint. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area, for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed 234,576 square feet. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11 above. 14.There shall be at least six different colors used for the exteriors of the residential units in the development to provide variety in appearance. 15.The use of low-flow plumbing fixtures within the residential units and the community building is required. 16.Prior to the certificates of occupancy being issued for residential units, all site work and infrastructure servicing those units must be completed in accordance with the The Heritage at Cutchogue 6 September 20, 2017 approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 17.According to the Stipulation of Settlement, a total of $2,000,000.00 shall be payable by the Declarant for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town of Southold upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. These payments will be apportioned as Park and Playground fees and payments in lieu of building Moderate Income Family Dwelling units. 18.Prior to beginning Phases 2, 3 or 4, certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase. 19.Limits of clearing will be established for each phase of development according to the approved Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. At the beginning of each phase of development, the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee, and the Office of the Town Engineer prior to any land clearing. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: a. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. c. Tree removal will be avoided during the pup season from June 1 through July 31. 21.April 15 through October 15: Prior to beginning clearing of each phase, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site The Heritage at Cutchogue 7 September 20, 2017 scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. b. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort c. Timing of survey: i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. e. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. f. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. g. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. h. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). i. The barrier should be installed immediately prior to the required survey. j, A person familiar with barrier maintenance shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. k. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. The Heritage at Cutchogue 8 September 20, 2017 I. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. m. Outside the Turtle Active Season (November 1 st through March 31 st) -- If the barrier has been left in place over the winter months and construction is on- going, a person familiar with barrier maintenance shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 22.To facilitate access for Eastern Box Turtles to the habitat reserved for them in the two areas labeled Seed Mix C that are surrounded by curbing and sidewalk, add at least two sections of flush curbing, each at two feet in length, to each circle, the location and design of which will be reviewed and approved by the Planning Board. These are in addition to the handicap ramps where turtles could also conceivably gain access. 23.All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site. All drainage structures must be installed as approved and any changes must be reviewed and approved by the Southold Town Office of the Engineer. 24.Natural Buffer: a. A minimum 50-foot buffer shall be maintained around the perimeter of the property, as shown on the approved site plan. The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer is identified on the site plan as "Natural Buffer." The Heritage at Cutchogue 9 September 20, 2017 b. Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the buffer of native evergreens in Phase 1 must be done to accomplish the goals stated above in a. and b. wherever the Natural Buffer is accessible. Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall be done during appropriate planting seasons during these later phases. d. No clearing, grading or mowing may occur within the Natural Buffer area. e. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 25.Existing native evergreens will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where possible. 26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. 27.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 28.Landscaping must be planted and maintained as detailed and shown on pages L-1 through L-6 of the approved site plan. 29.The emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and, once constructed, shall be closed with a gate at all times. 30.A gate at the entrance to the development is not permitted without prior approval by the Planning Board after a Public Hearing. 31.The booth at the entrance shall not be staffed unless approved by the Planning Board after a Public Hearing, except during construction. The Heritage at Cutchogue 10 September 20, 2017 32.Bike racks shall be provided at the community center and the tennis court. 33.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 34.The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. b. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. c. No construction activities are permitted on Sundays, year-round, and the following holidays: i. New Year's Day ii. Memorial Day iii. Independence Day (Fourth of July) iv. Labor Day v. Thanksgiving Day vi. Christmas Day 35.The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site improvements as detailed on page C-10 Off-site Improvement Plan. 36.The following signage must be installed at the expense of the Heritage at Cutchogue prior to receiving building permits, except for item c. below, which is only required if (1) such No Left Turn sign is approved by Town Board resolution and also by the New York State Department of Transportation (NYSDOT) without requirement of submission of a traffic study or intersection re-design plan, and (2) the requirement of such sign will not delay implementation of the subject project: The Heritage at Cutchogue 11 September 20, 2017 a. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection (as detailed on page C-10 of the site plan). Approved by Town Board resolution #2017-533. b. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. Approved by Town Board resolution #2017-533. c. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. A Town Board hearing will be requested by the Planning Board after approval of this resolution. 37.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 38.A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: a. A notice provided to all contractors and subcontractors accessing the site about the following: b. Area speed limits; c. Public and private school safety zones; d. Residential neighborhoods; e. No access to or from site over Spur Road or Bridle Lane; f. Days/hours of proposed construction activity; g. Parking areas for workers and heavy vehicles; h. Construction staging areas; i. Measures to ensure protection of land and integrity of local roadways; j. Construction Vehicle Route Designation; k. Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission.. 39.All utilities must be underground. The Heritage at Cutchogue 12 September 20, 2017 40.No overnight parking in the streets due to their narrow width. 41.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On- Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Subject Property until such time as a condominium owners association takes over the management of the Property; and c. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 42.Irrigation: a. Overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. Drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. Soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. Irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; and e. Water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and The Heritage at Cutchogue 13 September 20, 2017 f. All irrigation wells shall include a meter to monitor the use of water for irrigation, a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 43.The Open Space area is required to be at least 50% of the land area of this site, and consists of a total of 23 acres, as shown on page OS-1 of the Site Plan. The permitted and prohibited uses in the open space are detailed in the covenants and restrictions and in part on page L-1 of the site plan. 44.Any changes in the extent, height or materials to the existing fence along a portion of the perimeter of the property require prior review and approval from the Planning Board. 45.Solar panels are required to be provided on the clubhouse. 46.A first aid station is required to be provided in the clubhouse. 47.The final design of the Harvest Pointe sign at the entrance for the development will require prior review and approval by the Planning Board for location and lighting, and the Building Department for code compliance. 48.The fence around the tennis court will require review by the Building Department for code compliance. 49.This site plan approval shall be valid for three (3) years from the date of this approval, unless the Planning Board grants an extension. 50.Any changes from the approved site plan shall require Planning Board approval. 51.Prior to the issuance of the first residential unit's certificate of occupancy for each phase of the project, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found to not be in conformance with the Approved Site Plan, no certificate of occupancy may be issued unless the Planning Board approves the change. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Ver truly yours06LC Donald J. Wilcenski Chairman FINNECAN LAW, P.C. 13250 MAIN ROAD P.O. BOX 1452 MATTITLICK, NEW YOKK 11952 (631) 315-6070 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NOKTHFORK.LAW Via Electronic Mail & band DelivetyS u bf August 13, 2024 E. Southold Town Planning Board AUG � Attn: James Rich, Chairman P.O. Box 1179 uflcaa � 'owi .... 54375 Route 25 Planning Board ..r ...�....... Southold, NY 11971-0959 Re: Amendment of Covenants and Restrictions for the Heritage at Cutcho ue aka Harvest Pointe Premises: 75 Schoolhouse Road, Cutchogue, NY 11935 SCTM #1000-102.00-01.00-033.003 Dear Chairman Rich and Members of the Planning Board: This office represents Rimor Development, LLC, the Applicant for the above referenced Residential Site Plan and the Declarant of the "Amended Declaration of Covenants and Restrictions" dated February 19, 2019 and recorded with the Suffolk County Clerk on February 20, 2019, in Liber 13001 of Conveyances, Page 543. A copy of the aforesaid Amended Declaration is attached hereto as Exhibit "A". Condition 27 of the Amended Site Plan Approval Resolution for Harvest Pointe adopted by the Planning Board on February 11, 2019 required the Declarant to install and maintain a pervious nature trail as shown on the approved site plan. That obligation was in turn memorialized in the Amended Declaration at paragraph 21 (page 6) with reference to the use of the nature trail as a permitted recreational activity in paragraph 37(c) (page 15). The Applicant/Declarant has been advised by the Board of Managers of the Harvest Pointe Condominium I and II and the Harvest Pointe Homeowners Association, Inc. that an overwhelming majority of Unit Owners in the Harvest Pointe community do not want a nature trail and have therefore requested that the Amended Declaration be further amended to delete paragraph 21 and to eliminate any obligation on the part of the Applicant/Declarant and/or the Harvest Pointe Homeowners Association, Inc. to install a nature trail as depicted on the approved Site Plan. The proposed Amendment would consist of the elimination of the existing covenant language in Paragraph 21, the renumbering of the remaining paragraphs and a restatement of the supersession clause on page 16 to note that the "Second Amended Declaration of Covenants and Restrictions" supersedes all prior Declarations. Please let me know if the Board has any questions or requires any further information to consider the foregoing request. Ve- rely yo y Martin 21Di 4gan MDF/as Enclosures Cc: Heather Lanza, Planning Director EXHIBIT "A" CC 8: C19-8263 COUNTY CLERK'S OFFICE STA3M OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A.PASCALE,Clerk of the County of Suffok and the Court of Record thereof do hereby certify that I have compared the anreared with the original DECLARATION recorded in my office on 0212012019 under Liber 000013001 and Page 543 and, that the same is a true copy thereof,and of the whole of such original. In Testimony Whereof,I have hereunto set my hand and affixed the seat of said County and Court this 02/2012019 SUFPOLX COUNTY CLSRK <;2u a. JUDITH A.PAW" SEAL T"))r0Mr,V mom MOM SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of instrument: DECLARATION Recorded: 02/20/2019 Number of Pages: 24 At: 03:41:40 PM Receipt Number : 19-0035695 LIBER. D00013001 PAGE: 543 District: Section: Block-, Lot: 1000 102.01 01.00 001.000 ZXAKUM AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $120.00 NO Handling $20.00 NO COE $5.00 NO MYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.50 NO Cert.copies $30.00 NO RPT s5,000.00 NO Fees Paid $5,190.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clark, Suffolk County ?. FA RE:c 2019 Feb 20 W"41:48 PM P es3WIT14 R. PgSC.AI.E CLERK OF SUFF" Cr�Lwy I-rhisdocument will be public L DWOIW ecord.Please remove ally' Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/FIiiarrg Stamps 3 FEES Page/Filing Fee M a Arnt _ 1.Basic Tax __ Handling 2. Additional Tax __ SubTotal SpetJAssit Notation or EA-S217(County)- ...-., Sub Total �!- Spec./Add TOT.MTG,TAXDua EA-5217 t5 l Town l County R.P.TSA �, 'Q _ Held for Appolabipent Comm. S. 00 TransferTax Affidavit Mansion Tax The property covered by this mortgage Is dC or will he Waproveii bra one or two NYS Surcharge 1S. 00 family dwelling only.: Sub Total - D YES or NO Other G if Grand To� ,see appropriate tax clause on page#--of this butu r'n115 4 Dist l0IX 3819149 aW o C3,14 dC hFd 3 5 Community Preservation Fund Real Property PTN Consideration Amount$ Tax Service E l PA A Agency CPF Tax Due $ Verification Improved 6 ctio arg�PR es List P ears Malting rem RECORD&RETURN To: Vacant Land Cortilman,Balin Adler&Hyman,UP TD Att: Jahn M.Waper,F.aq. 100 Motor Parkway,Suite 156 TD- Hauppauge,NY 1178$ Mail tar Judith A Pascale,SuOalk C 7 _ Company au 1'ttfe Compan y Information 310 Center Drive, Riverhead, NY 11907 Co.Name wwwsmYolkcountyny gov/perk 8 Suffolk County Recording & Endorsement Page This page fors part of the attached Amcadod Declaration of Covenants&Restrictions trwn made by; (SPECIFY TYPE OF INSTRUMENT) ........ The premises herein Is situated In SUFFOLK COUNTY,NEW YORK TO In the TOWN of rj�Qj I) In the VILLAGE or HAMLET of BOXES G THRU 4 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE Plffte document you've just recorded is your SATISFACTION OF MORTGAGE,please be aware of the following: If a portion of your monthly modWe payment included your property taxes, to contact r local TownTax Receiver so that you may be billed direetl for all future prope tax statements. Local property taxes are payable twice a year on or before January 10e, and on or before May 31. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding ;property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, . � Judith A.Pascale 1�n� ilv Suffolk County Clerk RT S R LPA A Stet.lD: 31914t _._ 19 Tax Maps Secton Block Lot Schooi District 1000 10201 0100 001000 1000 10201 0100 002000 1000 10201 0100 003000 1000 10201 0100 004000 1000 10201 0100 005000 1000 10201 0100 006000 1000 10201 0100 007000 1000 10201 0100 008000 1000 10201 0100 009000 1000 10201 0100 010000 1000 10201 0100 011000 1000 10201 0100 012000 1000 10201 0100 013000 1000 10201 0100 0140M 1000 10201 0100 015000 1000 10201 0100 016000 , 1000 10201 0100 017000 1000 10201 0100 018000 1000 10201 01w 019000 1000 10201 0100 020000 1000 10201 0100 021000 1000 10201 0100 022000 1000 10201 0100 023000 1000 10201 0100 024000 1000 10201 0100 025000 1000 10201 0100 026000 1000 10201 0100 027000 1000 10201 0100 028000 1000 10201 0100 029000 1000 10201 0100 030000 1000 10201 0100 031000 1000 10201 0100 032000 1000 10201 0100 033000 1000 10201 0100 034000 1000 10201 0100 03M 1000 10201 0100 036000 1000 10201 0100 037000 1000 10201 0100 038000 1000 10201 0100 039000 1000 10201 0100 040000 1000 10201 0100 041000 1000 10201 0100 042000 1000 10201 0100 043000 1000 10201 0100 044000 1000 10201 0100 045000 1000 10201 0100 046000 1000 10201 0100 047000 StatID: 3619149 9 apt Becton Block Lot School District "0 10201 0100 048000 10201 0100 049000 1000 10201 0100 050000 1000 10201 0100 051000 1000 10201 0100 052000 1000 10201 0100 053000 1000 10201 "0100 054000 1000 10201 0100 055000 1000 10201 0100 056000 1000 10201 0100 657000 1000 10201 0100 058000 1000 10201 0100 059000 1000 10201 0100 060000 1000 10201 0100 061000 1000 10201 0100 062000 1000 10201 0100 063000 1000 10201 0100 064000 1000 10200 0100 033006 1000 10200 0100 033007 AMENDED DECLARATION C7F COVENANTS AND RESTRICTIONS AMENDED DECLARATION made this fh day of February, 2019, by RIMOR DEVELOPMENT LLC, a New York limited liability company with a place of business located at 1721 D North Ocean Avenue, Medford, New York 11763, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property situate at the northwest corner of Schoolhouse Road and Griffing Street, at Cutchogue, in the Town of Southold, County of Suffolk,and State of New York(Suffolk County Tax Map parcel number 1000-102-1-33.3),more particularly bounded and described in Schedule"A"annexed hereto(hereinafter referred to as the "Property"); and WHEREAS,the DECLARANT has made an application to the Planning Board of the Town of Southold (hereinafter referred to as the"Planning Board") for a residential site plan to include 124 condominium units and associated accessory structures, hereinafter referred to as the"Project,"as shown on the approved site plan entitled"Harvest Pointe"(aka"Heritage at Cutchogue"), prepared by VHB Engineering, Surveying&Landscape Architecture, P.C., last dated August 30, 2017,and including 43 pages, and hereinafter referred to as the "Site Plan"; and WHEREAS, a digital copy of the Site Plan is available for reference from the Town of Southold (hereinafter referred to as the"Town"); and WHEREAS, as a condition of granting approval of the Site Plan, and pursuant to a further Planning Board resolution adopted February 11, 2019,the Planning Board has required that this Amended Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the development of the Property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, as a condition of approval of the Site Plan and to further the Town's goals of land preservation, the Planning Board has found that 50% of the land area of the Property shall be preserved as open space, and has required that these covenants include specific restrictions over the open space portion of the Property, as shown on the aforementioned Site Plan, on Page OS-1; and WHEREAS, pursuant to § 280-97 of the Code of the Town (hereinafter referred to as the "Town Code"), entitled Right to farm, the Town has determined that farming is an essential activity within the Town, and that farmers shall have the right to farm in the Town without undue interference from adjacent landowners or users; and, for the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property. NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. There shall be no subdivision of the Properly resulting in additional building lots (this prohibition of subdivision shall not apply to condominium unit designation maps). No lot lines shall be changed unless authorized by the Planning Board by a majority-plus-one vote after a public hearing. 2. Until such time as the DECLARANT has paid in full the $2,000,000 fee specified in Paragraph 25 of the "Stipulation of Settlement" in NOCRO, Ltd., et al. v. Scott A. Russell, et al., Suffolk County Supreme Court Index No. 2 19101/2009, which was "so-ordered" by Justice Jerry Garguilo on September 25, 2014, the DECLARANT shall provide the Town Clerk with written notice of any sale or transfer of any portion of the Property, and any such sale or transfer must be expressly made subject to the terms and provisions of the "so-ordered" "Stipulation of Settlement," as same may be amended. 3. The Project shall be constructed in four phases, according to the Construction Phasing Plan approved for the Project by the Planning Board, unless otherwise approved by the Planning Board. Prior to commencement of Phases 2, 3, or 4 of the Project, at least 75% of the units included in the prior phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. 4. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan, including the architectural drawings, except where the Site Plan is amended by a majority-plus-one vote of the Planning Board after a public hearing. 5. The occupancy of all the residential units on the Property is limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 6. The clubhouse and grounds are for the personal enjoyment of the occupants of units in Harvest Pointe and their family members, and shall not be rented or leased for use by non-occupants for special events, including, but not limited to, weddings, fund-raisers and parties. 7. There shall be no more than 124 dwelling units. Accessory apartments are not permitted. 3 8. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 9. Low-flow plumbing fixtures shall be used within the residential units and the community building on the Property. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet (i.e., 219,076 square feet of livable floor area plus a maximum increase of 125 square feet in each unit, with no expansion of the footprint of such unit), except that the Planning Board may approve additional square footage in "B" units, with no expansion of the footprints of such units, provided that the total livable floor area of all residential units on the Property shall not exceed 245,000 square feet. Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services ("SCDHS"). "Livable floor area,"for the purposes of this Amended Declaration, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed the amounts set forth in Paragraph 10, above. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11, above. 14.Construction of all buildings on the Property shall comply with the New York State Energy Conservation Construction Code. 15.Prior to issuance of certificates of occupancy for any residential units on the Property: a. a certificate of occupancy shall have been issued for the clubhouse on the Property; and b. all site work and infrastructure servicing any residential unit to receive a certificate of occupancy must be completed in accordance with the Site Plan, and to the satisfaction of the Planning Board. 16.Owners of residential units on the Property shall be given notice as to proper methods for disposal for pharmaceuticals and shall be instructed not to dispose of such materials in the wastewater disposal system on the Property. 17.A total of$2,000,000.00 shall be payable by the DECLARANT for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000,00 total fees shall be paid to the Town upon issuance of each certificate of occupancy for the 124 residential units included in the Project, Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. 5 18.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Property until such time as a condominium owners association takes over the management of the Property; and C. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 19.All exterior lighting on the Property, including lighting on the residential units, shall comply with (a) the provisions of Chapter 172 of the Town Code, and (b) the Lighting Plan pages of the Site Plan. Any future exterior light fixtures not shown on the Site Plan must be reviewed for compliance and approved by the Planning Board prior to installation. There shall be no lights on the tennis court on the Property. 20.An entrance gate is not permitted, and the entrance booth shall not be staffed, except with prior approval of the Planning Board after a public hearing. The entrance booth may be staffed during construction of the Project. 21.A nature trail, constructed of pervious material, shall be installed and maintained on the Property, as shown on the Site Plan. 22.Bike racks shall be provided at the community center and the tennis court on the Property. 23.The emergency access for the Property at Bridle Lane shall be used for emergency access only, and shall not be used for any other traffic, including construction traffic. 24. Parking shall be restricted to one side of each of the access roadways on the Property, and there shall be no overnight parking on such roadways. 25.The DECLARANT acknowledges that the Site Plan is within 500 feet of land in agricultural use. All owners and future owners of the condominiums are hereby provided notice of protected farm practices pursuant to the Town Code Farmland Bill of Rights. Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground spraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers); raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing farm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water; pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training of laborers and others in the use and care of farm equipment and animals; traveling local roads in properly-marked vehicles; and providing local farm produce markets near farming areas. These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays and weekends, at night and in the day. Such activities are presumed to be reasonable. Such activities do 7 not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare. 26.All stormwater management and drainage controls shall be maintained in perpetuity as required and shown on the Site Plan. 27.All stormwater run-off resulting from the development of the Site Plan shall be retained on site and shall be the responsibility of the Property owner to manage. 28.Utilities on the Property, including but not limited to electric, gas, telephone and cable, shall be underground. 29.Landscaping Maintenance: All plantings, landscaping, and landscape maintenance must follow the Site Plan specifications on Pages L-1 through L- 6. In particular, there is a detailed Landscape Management Plan on Page L-1 of the Site Plan. 30.All trees shall be maintained as shown on the Site Plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size shown on the Site Plan, Pages L-1, L-2, or L-3. Any change in species must be approved in writing by the Planning Board. 31.A natural, vegetated buffer, hereinafter referred to as the "Natural Buffer", shall be maintained on the Property's perimeter, at the dimensions shown on the Site Plan, for the purpose of providing substantial visual screening and providing natural wildlife habitat. The Natural Buffer shall be maintained to provide a dense double row of evergreens with supplemental plantings of native evergreens to be added where substantial visual screening does not exist naturally, or where existing trees have died. The Natural Buffer is part of the Open Space and specific restrictions are included below. 8 32.The areas on Site Plan Pages L-2 and L-3 labeled as "Seed Mix C" shall be managed for native vegetation and wildlife habitat. 33.All planted/transplanted vegetation on the Property shall survive at least three (3) years from the time each phase of the Project is completed, or shall be replaced at the expense of the Project developer. After such three (3) years, the condominium association shall be responsible for maintaining the vegetation approved in the Site Plan. 34.With respect to irrigation on the Property: a. overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; e. water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. all irrigation wells shall include a meter to monitor the use of water for irrigation, and a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 9 35.Synthetic herbicides and pesticides shall not be applied on the Property except in cases where organic methods are shown to be ineffective, and a written statement is provided by an entomologist, plant pathologist, weed scientist, and/or qualified landscape professional stating that chemical treatment(s) are the only effective measure(s) for control or eradication for a particular incident of plants or pests. This written statement, together with a map showing the proposed location(s) of the problem area(s), must be submitted to the Planning Board prior to the application of the herbicide(s) or pesticide(s). All applications of herbicides or pesticides shall be made by a New York State Department of Environmental Conservation Certified Pesticide Applicator, 36.With respect to the use of fertilizer on the Property: a. fertilizer shall be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary; b. only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and a minimum 50% of Water-Insoluble Nitrogen (WIN) shall be used; and c. fertilizer shall be applied, in any application, at a maximum rate of one (1) pound of nitrogen per 1,000 square feet of land area, and no more than two (2) pounds of nitrogen per 1,000 square feet of land area shall be applied in any calendar year. 37.Open Space Prohibited and Permitted Uses The Open Space area is required to be at least 50% of the land area of the Property, and consists of a total of 23 acres, as shown on Page OS-1 of the Site Plan, The restrictions on the future uses of the Open Space, including the Natural Buffer, are as follows. 1 Prohibited a. Vegetation Removal or Disturbance The mowing, cutting, clearing, removal or disturbance of vegetation, including trees, shrubs, and groundcover, is prohibited, except as permitted below. b. Structures No buildings or other structures or improvements may be erected or constructed, except as permitted below. c. Excavation, grading, removal of materials and mining are prohibited, except where necessary for permitted activities. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal from the site of topsoil, sand, or other materials shall not take place. The topography shall not be changed except as approved by the Planning Board on the Site Plan, and there is no grading or excavation permitted in the Natural Buffer, except the minimum amount of digging necessary to create planting holes for evergreens as required to maintain a densely-vegetated screen. d. Motorized vehicles The use of motorized vehicles within the Open Space area is prohibited, including, but not limited to, recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's), except for lawn mowers and similar maintenance equipment. e. Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 1t f. Dumping The dumping or accumulation of unsightly or offensive materials, including, but not limited to, trash, garbage, sawdust, ashes or chemical waste, is prohibited, g. Utilities The creation or placement of overhead utility transmission lines and utility poles is prohibited. Underground utilities are permitted, except in the Natural Buffer. h. Other Uses The use of the Open Space for any commercial or industrial purpose is prohibited. Other uses not permitted include paintball, shooting ranges, swimming pools, wireless facilities or cell towers, and all uses that are not consistent with the purposes of these covenants. L Development Rights The use of the acreage of this Open Space for purposes of calculating lot yield on any other property is prohibited. All existing development rights, and any further development rights that may be created through a rezoning of the Open Space, except those required to carry out the permitted uses of and activities on the Open Space, are terminated and extinguished and may not be used or transferred to any other parcels. 12 Permitted a. Landscape Maintenance (1) Areas labeled `Natural Buffer' (a) Clearing for the installation and maintenance of the Nature Trail as shown on the Site Plan. The exact location of the trail shall be adjusted during installation to avoid the removal of trees. (b) The only vegetation allowed to be disturbed or removed are noxious or invasive plants and vines, but they must be hand- pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species that does not disturb existing native plantings is permitted without prior Planning Board approval. (c) The Natural Buffer may be supplemented or re-planted with native vegetation plantings according to the approved landscape plans in the Site Plan, or according to a re- vegetation plan with prior written consent of the Planning Board. (d) Dead or diseased trees that are a potential hazard to residences or people may be removed with prior approval from the Planning Board, and with a report from a certified arborist that the tree is dead or diseased. (e) Notwithstanding the foregoing, a dead or diseased tree that, in the opinion of a certified arborist, represents an imminent threat to structures or people may be removed without prior Planning Board approval, and the arborist shall submit a 13 report of any such removal to the Planning Board within one business day after such removal. (f) Any tree removed, as set forth above, shall be replaced with a tree of a size and species listed on the Planning Board's list of approved trees. (2) Areas labeled 'Seed Mix C' on Site Plan Pages L-2 & L-3 (a) Maintenance of these areas as natural native meadow habitat. (b) Mowing is permitted as follows: i. there shall be no mowing from May through October 15 to avoid turtles and other wildlife; ii. mowing shall not be performed more than once a year after October 15; iii. mowing with flail mower heads with guide bars that ride along the ground shall be avoided; iv. no less than seven (7) inches of stubble height shall be retained to retain important cover for animals, and to reduce mortality of turtles; V. mowing shall be in a pattern from the center outward, to avoid congregating fleeing animals into the center; and vi. removal of noxious or invasive plants and vines is permitted, but they shall be hand-pulled, hand-cut, cut with machinery selective enough to keep nearby plants intact to the greatest extent practicable, or treated with organic herbicides only, except as set forth in Paragraph 35, above. (c) Substitutions of species are permitted, with prior written approval from the Planning Board after a finding that the species are native and drought-tolerant. 14 (d) Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species, and selective application of organic herbicide or pesticide that does not disturb existing native plantings is permitted without prior Planning Board approval. (3) Other areas of Open Space (not including the Natural Buffer and areas labeled Seed Mix C): (a) All typical landscape maintenance activities are permitted. (b) Vegetation may be removed and replanted according to the Site Plan with no prior approval from the Planning Board. (c) Substitutions of species are permitted, so long as at least 50% of the plants in the non-turf areas are native species with moderate to high drought tolerance. All trees must be maintained as shown on the Site Plan. b. A fence along the Property boundary, with prior Planning Board approval required prior to installation, except for repair or replacement in kind, which shall not require prior Planning Board approval. Clearing for a fence line must avoid and preserve any trees of six (6) inches diameter at breast height (dbh) or larger, and must avoid removal of the evergreens in the Natural Buffer. c. "Passive outdoor recreation," defined as dispersed, noncommercial, and non-motorized recreational activities that do not rely on buildings and have minimal impact on natural resources, is permitted. Such uses include hiking, a nature trail as shown on the Site Plan, nature observation, picnicking, cross-country skiing, snowshoeing, bird watching, and enjoyment of open space. 15 d. Structures: a gazebo as shown on the Site Plan; solar panels as permitted by the Town Code, and only with prior Planning Board approval after a public hearing; and park benches and picnic tables, without prior approval of the Planning Board; except no structures are permitted in the areas labeled Seed Mix C or the Natural Buffer other than portions of the pedestrian path as shown on the Site Plan. e. Water supply and sewage disposal systems, and stormwater detention areas as shown on the Site Plan, are permitted; however, they shall not be located in the Natural Buffer. Stormwater detention areas must be designed, landscaped, and available for use as an integral part of the Open Space area. This "Amended Declaration of Covenants and Restrictions" supercedes the prior"Declaration of Covenants and Restrictions," dated the 19th day of September, 2017, that was recorded against the Property in the Office of the Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page 554, and, upon the execution and recording of this "Amended Declaration of Covenants and Restrictions" in the Office of the Suffolk County Clerk, the aforesaid prior "Declaration of Covenants and Restrictions," dated the 19th day of September, 2017, and recorded against the Property in the Office of the Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page 554, shall be automatically and immediately annulled, canceled, and of no further force or effect. The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority-plus-one vote of the Planning Board or its successor, following a public hearing. 16 If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, or invalid or be held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the DECLARANT shall pay, either directly or by reimbursement to the Town, all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Amended Declaration the day and year first above written. DECLARANT RIMOR DEVELOPMENT LLC: By: RIMLAI�IDS INC., Manager Atl . By: Jey Rimland, resident and MF 2 LLC, Mang obert Morrow, Manager 17 STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) On this[Q-'day of February, in the year 2019, before me personally appeared Jeffrey Rimland, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public NO.014061904 O"If0d in My Co 1 ,2020 Kathleen Rohde No. 01R06198626 Notary Public - State of New York Qualifed in Suffolk County My Commission Expires Dec. 29, 2020 1 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) On this e day of February, in the year 2019, before me personally appeared Robert Morrow, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the in ru 6 1 t Notary Public HOWARD MICHAEL SILVERMAN Notary Public,State of New York No,01 S162904SI Qualified in Queens County Commission Expires October 07,20� 19 Schedule A. Legal Description of the Property 20 Chicago Title Insurance Company TITLE NO. C 17-7474-17461-SUFF M' E ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the northwesterly line of Schoolhouse Lane at the southeast corner of the premises herein described,adjoining land now formerly of the Town of Southold on the southeast; THENCE South 52 degrees 55 minutes 20 seconds west, partially along the northwest of Schoolhouse Lane and partially along land now or formerly of Anjo Ltd.,216.51 feet to land now or formerly of Roman Catholic Church of the Sacred Heart; RUNNING THENCE along said last mentioned land the following two courses and distances: 1) North 37 degrees 13 minutes 30 seconds West 400.00 feet; 2) South 53 degrees 05 minutes 40 seconds West 407.11 feet to land now or formerly on map entitled, "Map of Highland Estates",filed April 26, 1977,Map#6537; RUNNING THENCE along said last mentioned land north 36 degrees 54 minutes 20 seconds west 2009.22 feet to land now or formerly of Castello Di Borghese LLC; RUNNING THENCE along said last mentioned land,north 50 degrees, 18 minutes 10 seconds east 251.03 feet to land now or formerly on map entitled, "The Woods at Cutehogue"filed 3/23/1989, map#8717; RUNNING THENCE along said last mentioned land the following three courses and distances: 1) North 56 degrees 00 minutes 50 seconds east 145.28 feet, 2) South 37 degrees 04 minutes 30 seconds east 221.47 feet; 3) North 39 degrees 26 minutes 10 seconds east 562.84 feet to land now or formerly of Rose Vineyard LLC; RUNNING THENCE along said last mentioned land south 3 8 degrees 24 minutes 20 seconds east Y- 1904,80 feet to land now or formerly of ; Page 1 of 2 24 Commerce Drive # Riverhead,New York 11901 1 (631)284-2400 •Fax:(631)574-2355 Chicago Tifle Insurance Company TITLE NO, C 17-7474-17461-SUFF 5 continued RUNNING THENCE along said last mentioned land the following two courses and distances: 1) South 37 degrees 38 minutes 50 seconds west 208.04 feet; 2) South 37 degrees 04 minutes 40 seconds east 269.77 feet to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned land the following two courses and distances: 1) South 52 degrees 55 minutes 20 seconds west 167.99 feet; 2) South 37 degrees 04 minutes 40 seconds east 95.00 feet to the northwesterly side of Schoolhouse Lane the point or place of BEGINNING. Page 2of2 24 Commerce Drive• Riverhead,New York 11901 • (631)284-2400*Fax: (631)574-2355 Southold Town Planning Board Work. Se lon — C7otol er I 4 Subdivision Pa 1000 14 2 29 2, 29.3, 29 4, KK as Project Name Orient Point Conservation SCTM# _P. __ U�.. . 1000 19 2 2b 3, 12.2 Location 32357 Old Main Street, Orient ... __.. ._.. _.._...... Description. This proposal is for a 75/75 clustered Conservation Subdivision of 36,14 acres, currently'; comprised of six parcels,. into 5 residential lots ranging in size from 1.6 to 1.9 acres, and one agricultural parcel with a 0.9-acre development area and with 25.68 acres of farmland from which development rights are proposed to be sold to the Town of ,Sout„ hold, in the„ R 80 _ and R-40 Zoningri ._.Distm Status: ..Conditional Sketch rov. .�.... .... ._._...._ ..w.__ .........__ .. Action ... .. „ Review Revised Final Plat At!atac hs, . ... ww.. ._l..Staff Report �..m enent µ. i µProject Name: Purita Winery SCTMR �'W approximately I Location: 19110 Soundview Avenue, on then!s!o Old North Road, _ pp y 286 ft. w/o Description This Site Plan is for the alteration and expansion o g buildings 3.. rig buildings into a new ft winery totaling 6,304 sq. ft. which includes 267 sq. 47 sq. ft. of retail, . 3,249 sq. ft. of tasting room, 671 sq.ft. of storage area 1770 sq. ft, of production area and ston e terrace with 25 parking ppaoes on aw3.7431-acre parcel in the A C Zone . _w.... . ,' .. .....,._, .. . ._._ Status: _m.... .. ._.._Bpsroyed....._ . Action: Review A pp - nsion Request 1 Attach men-ts Re W Staff o - .. .. .... .. M prt � � � Schoolhouse. � Road, on the nlw comer of 6nffin ...... . � . Location, 75 "at Cutcicrgue Harvest Pointe) .. SGTM#: ,1000 102 1 3 8 , �..._...... e_.Main Road, Cut g. ,. Line pp y cp ue. _......._ .w......._. ... .__ _.,. _ .� ��matel 1 079 feet n/o the Main Road, in Cut Street and School House Description: This Residential Site Plan is for the development of 124 detached and attached dwellings: .q _ ..._,.. Status Apprved Action Review Request for Pickleball Court , (_Attachments Staff Report _.._....._............ ProectwNamem _ _ mCell Tower at Albertson marine _111 SCTM#: I'll "I'll 1000-56 3 15_ Descri tion: Thisproposed.."Road ss Southold..w._ _ _ _.. . _ .._..... � wireless facility .. .. a _.Location:� .ww_�.... 46ncealCmenty f site plan is for a t150' above grade level (a.g.l.) co pole, including antennas, cables, and related equipment for two wireless carriers (Verizon and DISH) and Southold Fire District's emergency communications, along with a±2 450 sq.ft. equipment compound on a±0 95 acre parcel with a _ ,8 q sti _ . ...,._g.. �rehouse, n the ......are 1 Zoning District . e�,istin boat store e warehouse„ in the Marine I, ., ._ +10„800 ,ft _ w ,._. Status: C Pending Action:....... .._. Review for Completeness. .-".�"�`... .. . . .... . Attachments: Staff Report Discussion: ❖ September Monthly Report ❖ 2024 Planning Board Meeting Dates •:• ZBA Request for Comments: o SMB RE Service, Inc.56025 Route 25, Southold SCTM#1000-63-3-26 HEARING: November 2, 2023 o Roland Grant, 800 Horton Lane, Southold SCTM#1000-63-1-9, HEARING: November 2, 2023 Southold Planning Department Staff Report Site Plan Application Work Session — Review proposed Pickle Ball Court Date October 16, 2023 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) Il. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Pickle Ball Court III: Analysis 1. Request from the applicant: • 2019 Amended Site Plan: approved addition of (57'x30') 1,710sf pickle ball court next to the approved tennis court and slightly shift the adjacent parking area, 40 sf less than the approved parking area, same number of parking spaces. • Proposed Action: Construct a (60'x30') 1,800sf pickle ball court area adjacent to the 1,710sf pickle ball court area approved in 2019, extending 10' further west (likely requiring a retaining wall), and removing two (2) ADA parking stalls. i. Staff: Provide at least one (1) ADA parking stall in the remaining asphalt area. The Owners Association stated that most people who use the playing courts do not use their vehicles to get there. 2. Consistency with approved siteplan: • With reference to Covenant and Restriction #37(3)(C): "Passive Outdoor Recreation," defined as dispersed, noncommercial and non-motorized recreational activities that do not rely on building and have minimal impact on resources, is permitted...]" 1 • Pursuant to §240-44(D)(6), active noncommercial recreation areas including (unlit) playgrounds, playing fields, playing courts and any associated parking are permitted uses in preserved Open Space, so the pickle-ball court is allowed. • The two Pickle Ball courts combined (3,510sf) would take up about 0.3% the overall Open Space area provided (1,003,486sf) with no effect on the mitigation or open space that was approved. V: Planning Board items to consider: 1. Require the submission of an amended site plan application and updated plans to account for the addition of the second pickle ball court and all necessary site changes. Provide at least one (1) ADA parking stall and loading zone. 2 From: Henry Alia <teamalia65@gmail.com> Svb� Sent: Friday, August 25, 2023 8:02 AM To: Lanza, Heather; Cummings, Brian A.; Michaelis,Jessica Subject: Harvest Pointe -walking path/trail RE l I 1 I'Y 0 Hi Heather, Planning BoardIt was good to see you yesterday. As we discussed, we are requesting a formal resolution from the Planning Board in regards to the elimination of the walking path/trail at Harvest Pointe.The HOA is looking for assurance that they will not be responsible for the installation of the same at any point in the future.Hopefully we can be added to the agenda for the next available work session in order to discuss and resolve this matter. Thank you in advance. Regards, Henry 631 678 2667 ATTENTION:This email came from an external source.Do not open attachments or click on links from unknown senders or unexpected emails. Subject: RE: Comments Re:Walking Path at Harvest Pointe RECEIVED -----Original Message----- [-"A' UG1 SFro : Lisa ent� Friday,Valentine Au tlisavalentine optonline.net> 1 gust 4 2023 1:24 PM " outoV if Town� Subject: Comments Re: Walking Path at Harvest Pointe Planning Board Hi. I am an owner at Harvest Pointe (my address is: 23 Farmstead Ct, Cutchogue). I'm not sure if you are the proper party to contact about this, but I am trying to get my voice heard. Recently the Board of Directors of Harvest Pointe circulated a petition to residents for having installation of the walking path removed from the Harvest Pointe covenants. Many of the residents signed the petition, BUT I DID NOT.The attorney for Harvest Pointe apparently submitted this matter to the Town of Southold for review. I feel strongly about HAVING the walking path here. First of all, it was a selling point for us when we purchased our particular unit in early 2021. Secondly,the walking path provides safe access for children and the elderly to walk through the condo community without encountering car traffic. Lastly, it was a requirement by the Town of Southold for the builder to include a walking path at Harvest Pointe. Please add my comments to the upcoming hearing. Thank you for your consideration. Kind regards, Lisa Valentine Sent from my iPhone along with inevitable typos OFFICE LOCATION: �� MAILING ADDRESS: Town Hall Anne � �� P.O. Box 1179 54375 State Route 25 `,;n Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2023 Mr: Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Release of Performance Bond —Approved Heritage @ Cutchogue aka Harvest Pointe Residential Site Plan 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 10, 2023: WHEREAS, this Approved Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, a 6,188 +/-sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 289 parking spaces, of which 248 are associated with the individual dwelling units and _ 41 are associated with the clubhouse, and various other associated site improvements, on a vacant 45.99-acre parcel in the Hamlet Density (HD) Zoning District, Cutchogue; and WHEREAS, on April 10, 2017, the Southold Town Planning Board accepted the Performance Bond secured by Savings Passbook in the principal amount of$150,014.00; and WHEREAS, on April 11, 2017, the-Town Board approved the Bond referenced above in their Resolution No. 2017-340; and WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a request to reduce the Bond amount from $150,014 to $39,908; and WHEREAS, on December 3, 2018, the Planning Board, at a public meeting, approved a reduction in the bond from the amount of$150,014.00 to $75,825.00; and Herita e Cutcho ue aka Harvest Pointe Page Two A rill 1, 2023 WHEREAS, on December 3, 2018 the Planning Board accepted a reduction in the performance guaranty amount from $150,014 to $75,825 for the Heritage at Cutchogue and recommended that the Town Board accept same; and WHEREAS, on December 18, 2018, the Southold Town Board accepted the reduction, as described above, by resolution #2018-1051; and WHEREAS, on January 14, 2019, the Planning Board reviewed a request to reduce the performance guaranty further and agreed that it could be reduced by $17,100; and WHEREAS, on February 11, 2019, that the Planning Board accepted the reduction in the performance guaranty in the amount of$17,100, and the total amount of the performance guaranty to be retained will be reduced from $75,825 to $58,725 ($58,730 with interest) for the Heritage at Cutchogue; and WHEREAS, on March 27, 2023, the Planning Board reviewed the request to release the remaining performance guarantee bond of$58,730 (with interest); therefore be it RESOLVED, that the Southold Town Planning Board hereby recommends to the Southold Town Board the release of the Heritage at Cutchogue (aka Harvest Pointe) performance guarantee (bond) once the following condition is met: Condition: Obtain correspondence from the Town Highway Superintendent and the Office of the Town Engineer that the off-site work as required by the performance bond are constructed to Town Specifications and the release of the bond is supported. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman cc: Denis Noncarrow, Town Clerk SCOTT A. RUSSELL r MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER Y, TOWN HALL 53095 MAIN ROAD ( NEW YORK 11971 TOWN OF SOUTH OLD Fax 631) 765 9015 ^f Tel. (631)-765—1560 d ..0 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Brian Cummings May 15, 2023 Planner Southold Town Planning Department � ?« " � � � 54375 Main RoadR,E ,u T Southold, New York 11971 " Re: Harvest Pointe— Performance Bond Release w6F�1�4¢r�kCu �� Dear Mr. Cummings: .. Hani-iing Board ._...... The off-site road and drainage improvements on Schoolhouse Lane and Griffing Street required as part of the approval for Harvest Pointe have been completed in accordance with the approved plans. Therefore, the Engineering Department has no objection to the release of the Performance Bond for these items. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely � Michael M. Collins, P.E. Town Engineer cc: Daniel J. Goodwin, Superintendent of Highways Daniel J. Goodwin Tel. (631) 765-3140 Superintendent Fax(631) 765-1750 PR 2 6 2023 q�khokj J' wn' Highway Department NrrirnirYC.Board Town of Southold 275 Peconic Lane • P.O. Box 178 • Peconic, N.Y. 11958-0178 April 20, 2023 Southold Town Planning Department 54375 Route 25 Southold, NY 11971 RE: Bond Release 75 Schoolhouse Rd, Cutchogue, NY 11935 Southold Town Highway Department has performed a review of the items listed on the bond for the project located at 75 Schoolhouse Rd, Cutchogue, NY 11935.The requirements listed on the bond have been satisfied and I am recommending the release of the bond for this project. Respectfully, Daw,W t/, 400dluilt Superintendent of Highways Town of Southold Highway Department 0: (631)765-3140 Cc: Michael Collins P.E.Town Engineer OFFICE LOCATION• MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 � �� "� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) � Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov ki PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2023 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Release of Performance Bond —Approved Heritage @ Cutchogue aka Harvest Pointe Residential Site Plan 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 10, 2023: WHEREAS, this Approved Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, a 6,188 +/-sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 289 parking spaces, of which 248 are associated with the individual dwelling units and 41 are associated with the clubhouse, and various other associated site improvements, on a vacant 45.99-acre parcel in the Hamlet Density (HD) Zoning District, Cutchogue; and WHEREAS, on April 10, 2017, the Southold Town Planning Board accepted the Performance Bond secured by Savings Passbook in the principal amount of$150,014.00; and WHEREAS, on April 11, 2017, the Town Board approved the Bond referenced above in their Resolution No. 2017-340; and WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a request to reduce the Bond amount from $150,014 to $39,908; and WHEREAS, on December 3, 2018, the Planning Board, at a public meeting, approved a reduction in the bond from the amount of$150,014.00 to $75,825.00; and Heritage @ Cutchogue aka Harvest Pointe Pfflg-Twra Aprill 1, 2023 WHEREAS, on December 3, 2018 the Planning Board accepted a reduction in the performance guaranty amount from $150,014 to $75,825 for the Heritage at Cutchogue and recommended that the Town Board accept same; and WHEREAS, on December 18, 2018, the Southold Town Board accepted the reduction, as described above, by resolution #2018-1051; and WHEREAS, on January 14, 2019, the Planning Board reviewed a request to reduce the performance guaranty further and agreed that it could be reduced by $17,100; and WHEREAS, on February 11, 2019, that the Planning Board accepted the reduction in the performance guaranty in the amount of$17,100, and the total amount of the performance guaranty to be retained will be reduced from $75,825 to $58,725 ($58,730 with interest) for the Heritage at Cutchogue; and WHEREAS, on March 27, 2023, the Planning Board reviewed the request to release the remaining performance guarantee bond of$58,730 (with interest); therefore be it RESOLVED, that the Southold Town Planning Board hereby recommends to the Southold Town Board the release of the Heritage at Cutchogue (aka Harvest Pointe) performance guarantee (bond) once the following condition is met: Condition: Obtain correspondence from the Town Highway Superintendent and the Office of the Town Engineer that the off-site work as required by the performance bond are constructed to Town Specifications and the release of the bond is supported. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman cc: Denis Noncarrow, Town Clerk Southold Town Plannin Board Worir Session— March 27 2023 — Pa e 2 The Heritage at Cutcho (Harvestm .._...... -.... ...._. 100 i Name: Pointe 3 � 0-102133.8 Pro ect Name: ue SCTM# Location: 7 Road, on the n/w corner of Gaffing Ste .�w�... ........� � ..........� . ....w.�. ..w.. reet and Schog I �_... Lane, ae House oolhouspx_mate 1 079 feet n/o the Main Road,in uth+c ue. Description: This Residential Site Plan is for the development of 124 detached and attached dwe Nn s St atus: ons _ _ . .... ... Action: w�_.. for Bond Release......,�w...... �_..w........_M.__ _.. _.__._.. ........�...w..W_w. it:aeffRep+ rf. . .- .__ - .......�...Mw.� _... ._-.. ._.. _... .. �. _�. roject Name: Hard Corner &Heart of Love lane SCTM# 6.1 3 1414 Amen P ded ... _ . ... .. _� ........�... .._. Location: . 2 45 I ove Lane & 50 Pike Street,.�attpc u ......__ �w_........_ w . Description. This amended Site Plan is for the proposed sed alteration and conversion o an existing ±16,500 gross sq. ft. commercial office building (with basement) to contain a 56 seat restaurant and two retail spaces on the first floor and two commercial spaces and an accessory apartment on the second floor, all on 0.784 acres in the HB Zonin g District. .._.Status. PendM_.....�.. .... ng _ �......... ._._.... _.......w... ...... . ..._............... Action: Statu u§ Uptlatq._. _. _w�_ ....w . ....... ..... . ._,... ... . _. w__.. .._ .a..�...., Attachments taff,l r otect Name: ' Zuhoski Agricultural..Storage.�SCTM#:_ ...�10_�. _.._...µ---.._...-..-�....._....�...-. P yyw- 00-83 2-13.6 . .....Loc � .. agricultural site plan is for the proposed construction of a 1-story atiopn 12025 Oregon Road Cutchgyq Description: This ' L to the AC Zoning District. _... . grN _cul ur l storag µbu 9t r g.. 30 W x 40 ._ Application ......... _. _ .. ........ . ......_.._ .......w......._ �..._... Action: e Review for Com ,leteness_..�.�w..__.. . -Attachments, Staff Re ert _._..... _ ...__.M ....... . _..m..w.� _ ...... ......... �,�.._.,. Project Name: 8 Hands Amended Agricultural SCTM# ' 1000-96-2-1 1 01 _cation: 4735 ......µ ttora Descn tion: _ This agricultural site . for the proposed construction f a 1- _.p g p n of a 1-story agricultural storage building (40' W x 100' L) with Development Rights ._.. Town in the AC Zcnn District. __.. .... held Southold..._.. .. . _w._.._. . ._.. totus: New A lication .... 'Review w for care l_ete ►es b. .__.W_w ._. ...... .._. _ ...... ... _�. ......_ c Attachme nts:ts: staff Rep�rrt Southold Planning Department Staff Report Site Plan Application Work Session — Request for Bond release Date March 27, 2023 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size 124 Units III: Analysis 1. Performance Bond: as of March 2019 a hold of$150,014 was released and a new hold of$58,725 ($58,730 with interest) was placed. a. The 2017 Bond included labor/material for the following: i. Off Site Work— drainage, curbing, sidewalk, asphalt paving, pavement marking, 3 stop bars ii. Testing of stockpiled soil — 5 days of testing, 15 samples per day iii. Excavation, Mixing, and regrading of Soil Stockpiles iv. Erosion Control v. Seeding of regraded soil vi. Maintenance, Irrigation and Dust Control vii. Security Gates and Fencing viii. Planting of Natural Buffer (50 Red Cedars) ix. Temporary Swales to Mitigate Storm water on site (1 day machine time) 1 2. Request to release Bond received by Planning Board on March 8, 2023. The request stated that all remaining off site and on site work associated with the performance bond is complete. 3. With reference to the site inspections conducted by Brian Cummings on November 15, 2022 and March 24, 2023 (see photos), all nine (9) required items included in the performance bond have been completed. If the Board is satisfied with the completion of these items, a Planning Board resolution will be drafted for the April 10th Public Meeting to support the release of the performance bond. IV: Item to consider. If the Board is satisfied with the completion of the required performance bond items, a Planning Board resolution will be drafted for the April 10th Public Meeting to support the release of the remaining bond. 2 Michaelis,Jessica From: Henry Alia <teamalia65@gmail.com> " Sent: Wednesday, March 8, 2023 5:14 PM To: Lanza, Heather yy Cc: Cummings, Brian A.; Michaelis,Jessica 9`2023 I Subject: Harvest Pointe - performance bond release L -Southold Town Piann'ing ward Good afternoon Heather, We are requesting the release of the performance bond based on all remaining off site and on site work associated with that bond being completed. Please let me know if anything further is needed from us and when a release can be anticipated. Thank you in advance. Regards, Henry Sent from my iPhone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Submission Without a Cover Letter RECEIVED .- IF'E . � 02 �ou�t ��'Tdv�n Sender: M� Planning Board Subject: SCTM#: 1000 - Date:. Comments: ckck, cx.�co l O Ae7 tt7 � ` L l 1,.)R )(S. C�SSOc, P�C Gv- I N rFL C C. To: TOWN OF SOUTHOLD PLANNING BOARD Date: 1/4/2023 RE, RIMOR DEVELOPMENT, LLC SITE PLAN — LANDSCAPE PLAN This letter is to confirm Rimor Development LLC has conformed to the approved site plan and conditions regarding the installation of the foundation plantings, common area plantings and seed/sod mixes on site for the required landscape installations. Please note that in addition to the required foundation plantings, Rimor requested and had us install additional plantings equivalent to more than twice as required on the approved site plan. In the Common areas as well, a substantial number of additional plantings were added and installed that were not depicted on the approved site plan. Should you have any questions, please feel free to give me a call directly. Thank you. Best, W. onathan Fabb President TFLC, INC 8405 Cox Lane Cutchogue, NY 11935 PH: 631-734-6643 „ an iJ kA / ego, fJf� �a r it J✓rp�� d)'le r/�i r {�j( �y 'l f �,,( �"fir,��1 1 Y �✓ �� @ a l N iW i ,, ✓ u rt i 1 itt w i r�Jiil J f �� w✓ n r i yIT, r u>, J d N. Y. S. DEPARTMENT OF STATE DIVISION OF CORPORATIONS AND STATE RECORDS ALBANY, NY 12231-0001 FILING RECEIPT ENTITY NAME: HARVEST POINTE HOMEOWNERS ASSOCIATION, INC. DOCUMENT. TYPE: INCORPORATION {NOT=FOR—PROFIT} TYPE: N COUNTY: SUFF FILED:05/09/2017 DURATION:PERPETUAL CASH#:17050900062.1 FILM #:170509000555 FILER: EXIST DATE CERTILMAN BALIN ADLER & HYMAN, LLP OS/09/2017 ATTN: IRA J. ADLER, ESP. 9.0 MERRRICK AVENUE EAST MEADOW, NY 11554 ! ADDRESS FOR .PROCESS: -------------------- THE CORPORATION 825 THIRD AVENUE, SUITE 1801 NEW YORK, NY 10022-7519 REGISTERED AGENT: — ----------------- q N r SERVICE COMPANY, UNITED CORPORATE SERVICES 37 SERVICE CODE: 37 FEES 110. 00 PAYMENTS 110 . 00 FILING 75 . 00 CASH _—_-0 . 00 TAX 0 . 00 CHECK 0. 00 CE:RT 0. 00 CHARGE 0 . 00 COPIES 10. 00 DR.AWDOWN 110 . 00 HANDLING 25 . 00 OPAL 0.00 REFUND 0 . 00 ____— =_—==W ________________________=___�_______________ HARVE35788 DOS-1025 (04/2007) ^ A SA TE I hereby certify that the annexed copy has been compared with the original document in the custody of the Secretary of State and that the same is a true copy of said original. WITNESS my hand and official seal of the Department of State, at the City of Albany, oleo Ov NEW, r• ° on May 10, 2017. O O O y, � • O Y^7 O % dR w O O• Brendan W. Fitzgerald Executive Deputy Secretary of State Rev. 06/13 w m u N B 366 750900 V. 1m CERTIFICATE OF INCORPORATION OF HARVEST POINTE HOMEOWNERS ASSOCIATION, INC. (Under Section 402 of the Not-for-Profit Corporation Law) IRA J. ADLER, being of the age of eighteen years or over, for the purpose of forming a corporation pursuant to Sectioh 402 of the Not-for-Profit Corporation Law of New York, does hereby certify: FIRST: The name of the corporation is, Harvest Pointe Homeowners Association, Inc. (the"Corporation'). SECOND; That the Corporation is a corporation as defined in subparagraph (a) (5)of Section 102 of the Not-for-Profit Corporation Law. THIRD: The purpose or purposes for which the Corporation Is formed are as follows: A To.promote the health, safety 'and welfare of the residents of a planned residential community proposed to be developed by Rimor Development LLC on lands situated In Cutchogue, the Town of Southold, County of Suffolk, State of New York; and for this purpose: (1) To own, acquire, build, operate and maintain land and facilities for recreational and community use, including personal property incidental thereto, hereinafter referred .to as the "Common r Properties"; and i (2)To enforce any and all covenants, restrictions and agreements. applicable to the residential parcels within the above described . 1 6627784,1 170500000655 N residential community and the Common Properties, hereinafter collectively referred to as '!he Properties," (the enforcement of which is not specifically and exclusively reserved to others). B. To make and perform any contracts and do any acts and things and exercise any powers suitable, convenient, proper or incidental for the accomplishment of any objectives enumerated herein and in the Declaration and By-Laws of the Corporation, but not for the pecuniary profit ot'financial gain of its members, directors or officers except as permitted under Article 5 of the Nat-for-Profit Corporation Law, C. The Corporation, in furtherance of Its corporate purposes above set forth, shall have the powers enumerated in Section 202 of the Not far-Profit Corporation Law, subject to any limitations provided in the Not for-Profit Corporation law or any other statute of the State of New York. FOURTH: The.Corporation is not formed to engage in any activity or for any purpose requiring consent or approval of any state official, department, board, .agency or other body. No consent or approval is required. FIFTH: The Corporation shall be a Non-Charitable Corporation as defined under .Section 201 of the Not-for-Profit Corporation Law. SIXTH: This Certwicate may be amended pursuant to the provisions of the Not- for-Profit Corporation Law, SEVENTH: The office of the Corporation will be located in the County of Suffolk, State of New York. EIGHTH: The Secretary of State is hereby designated as the agent of this corporation upon whom process against this corporation may be served. The post 2 56277M.1 N q W0009 N M Y N office address to which the Secretary of State shall mail a copy of any process against this corporation served upon hire as agent of this: corporation is: 825 Third Avenue, Suite 1801, New York, New York 10022=7549, NINTH: The name and address of the initial Board of Directors are as follows. Robert Morrow with a business address at 825 Third. Avenue; Suite 1801, New York, New York 10022-7519, :Jeffrey Riml'and with a business address at 825 Third Avenue, Suite 1801, New York, New York 10022-7519 and Pine M. Bean with a business address at 825 Third Avenue, Suite 1801, New York, New York 10022-7519, IN WITNESS WHEREOF, 1 have made and signed this Certificate this .1!�:day of ._ 2017 and to the best of my knowledge I affirm the statements contali'ed herein as true under penalties of perjury. IRA J.ADL,EK Inch rpora o 90 Merrick Avenue East Meadow, New York 11554 3 9szr�ea.� UN 1-3 7 . CERTIFICATE OF INCORPORATION OF HARVEST POINTE'Wt !MEO NERS ASSOCIATION, INC. Under Section 402 of the.Not-for-Profit Corporation Law -STA " YORK THE T STATE. MAY o 9 xQ CERTILMAN EALIN ADLER HYMAN, LLP. .90 Merrick Avenue East Meadow, New York 11554 (516)296-7000 Attn.: (RA J.ADLER, ESQ. WPOWNN , W ;N 4 6627784,1 396 BY-LAWS OF HARVEST POINTE HOMEOWNERS ASSOCIATION, INC. CERTILMAN BALIN ADLER & HYMAN, LLP. Attorneys for the Sponsor 90 Merrick Avenue East Meadow, New York 11554 EXHIBIT B 5628092.2 397 TABLE OF CONTENTS Page ARTICLE I. NAME, LOCATION AND PRINCIPAL OFFICE...,........... 1 ARTICLE II. DEFINITIONS..................................................... ....................... 1 ARTICLE III. PURPOSE....,,,,,,.,,,.,, ...........m, ......,. ...,.,.. ,....... .,....,..,.,.,.,....... 3 ARTICLE IV. APPLICABILITY..................................... ................................. 3 ARTICLE V. USE OF FACILITIES............................................a.,.,.....,.......,... 3 ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS........... ......................... 4 Section1. Membership.................................... ..................................... .. 4 Section 2, Suspension of Membership..................a.........,.................,.,.,.. 4 Section 3. Transfer of Membership........................................................... 5 ARTICLE VII. QUORUM, PROXIES AND WAIVERS....................................... 5 Section1. Quorum.................... ............................................................... 5 Section 2. Vote Required toTransact Business........................................ 5 Section3. Right to Vote............................................................................ 6 Section 4. Number of Votes.......................................................n,.,..,,...... 6 Section5. Proxies.................................a.....,,....,.......,......,,.,...........,.,,...,., 6 Section 6. Waiver and Consent...................................w....,.... ..,.,,..,......,. 6 Section 7. Place of Meetings........ ........................................................... 6 Section 8. Annual Meetings................................, ,..,,......, ,.,..,......,,..,,,.... 6 Section 9. Special Meetings.,.... ......... .............. .............. 6 Section 10. Notice of Meetings................ ........ „ .....,......, 6 Section 11, Order of Business........ .......................... ......,, ,,....... ,,..,.,..,.,. 6 ARTICLE Vill. BOARD OF DIRECTORS.........----...............,........,.,..........., 7 Section 1. Number and Term................................................................... 7 Section 2. Voting and Right of Sponsor to Designate Certain BoardMembers .......... ........................................................... 7 Section 3. Vacancy and Replacement.,..........„...,.,,, „...................—.,. 8 Section4. Removal............................ .............................. ....................... 8 Section5. Powers.................................................. .... ...................a........, 8 Section 6. Compensation................................... .... —.....,.........,.......,,.., 10 Section7. Meetings.................................................................................. 11 Section 8. Annual Statement................................................................ — 11 Section9. Fidelity Bonds.............. ....... ,,,,..,....,.... .,.,.,..... .................... 12 i 5628092.2 398 TABLE OF CONTENTS CONTINUED Page ARTICLEIX. OFFICERS...........................n..e................,...,....,. .,..,......,...,...... 12 Section 1. Elective Officers...................................................................... 12 Section2. Election.........................................«.,,..,..,.........,......,..,,.,,,..,..,, 12 Section 3. Appointive Officers...... ......... .....................,,..............,.........., 12 Section4. Term........................................................... ............„. .....,,...., 12 Section 5. The President.................. .,...,,«,.............,..,..,.,.,..,. 12 Section 6. The Vice President...............................................................,,.. 12 Section7. The Secretary.............. .......«....,.....,.,...,....,..,,,...«.,,....,,,........... 13 Section 8. The Treasurer,.,,. .«.. .. ......... ......... . „,,.. ..,.,,,. ..........,.. 13 Section 9. Agreements, Etc.__., 13 ARTICLE X. NOTICES....,, ...... 13 Section1. Definition................................................. ......,.. .........,......... 13 Section 2. Service of Notice-Waiver.,,._....................................... 14 ARTICLE XI. COMMON EXPENSES ............... ................ ............. .............. 14 Section 1. Creation of the Lien and Personal Obligation of Common Expenses.............................«..,.„.....,..,, 14 Section 2. Purpose of Common Expenses.................................P...........,. 14 Section 3. Basis of Common Expenses................................................... 14 Section 4. Date of Commencement of Common Expenses Due Dates.......,........ ....... ... 14 Section 5. Effect of Non-Payment of Common Expenses Remedies of the Association....,........................................d.,... 14 Section 6. Subordination of Lien to Mortgage....... 14 Section7. Checks...............................................................m,.,.,..........,..... 14 Section 8. Operating Account................................................................... 14 Section 9. Other Accounts...................................................„,........,.....,,,.. 14 ARTICLE XII INSURANCE......... ...... ..«.............. ,..., 15 ARTICLE XIII. AMENDMENTS....._........................ ... .......«,,,,.. 15 ARTICLE XIV. SELLING, LEASING AND GIFTS OF HOMES.............a«....a,.«,,. 15 Section 1. Selling and Leasing Homes.............................. 15 Section 2. Gifts, Etc. .«.. ............... 16 ARTICLE XV. INDEMNIFICATION__............... . .N..,.......,,„,............. 16 Section 1. Indemnification to Officers and Directors.............. ................. 16 Section 2. Indemnification to Employees or Agents..................a...«.,........ 16 ii 5628092.2 399 TABLE OF CONTENTS (CONTIIN E Page Section 3. Indemnification to Others...................................................,...,. 16 Section 4. Other Rights.........................................e............... .................. 17 ARTICLE XVI. GENERAL PROVISIONS,...,.,.,,n..,,..,........................................, 17 Section 1. Fiscal Year.......................... ... . ....,..„.....,, ...,..................,... 17 Section2. Seal..,, .......................... . ..... , ....,...... ..........,................,.... 17 Section 3. Architectural Control-.... ........... ........,...............,,..,, 17 Section 4. Examination of Books and Records—..—.......... ..................... 19 Section 5. Construction.............................................. ............................. 19 Section6. Severability................. ............................ ........ ........ ............ 20 5628092.2 400 BY-LAWS OF HARVEST POINTE HOMEOWNERS ASSOCIATION, INC. A New York Nat-for-Profit Corporation ARTICLE I. NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Harvest Pointe Homeowners Association, Inc.. hereinafter referred to as the "Association". The principal office of the Association shall be located at Cutchogue, Town of Southold, County of Suffolk and State of New York. ARTICLE II. DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Harvest Pointe Homeowners Association, Inc., a New York Not-far-Profit Corporation. (b) "The Board" shall mean and refer to the Board of Directors of the Association. (c) "By-Laws" shall mean and refer to these By-Laws which govern the operation of the Association. (d) "Common Expense" shall mean and refer to those expenses (including reserves) which are incurred or assessed by the Association in fulfilling its lawful responsibilities (herein sometimes referred to as ("Assessment"). (e) "Common Properties" or "Common Areas" shall mean and refer to certain areas of land as shown on the Site Plan attached to the Declaration of Covenants and Restrictions which will be owned by the Association and which is intended to be devoted to the common use and enjoyment of the owners of the Development and shall include, without limitation, the Recreational Facilities. (f) "Condominium I" shall mean and refer to Harvest Pointe Condominium 1, a proposed sixty-four (64) Home Condominium regime being developed pursuant to Article 9-13 of the Real Property Law, as shown on the Site Plan attached to the Declaration of Covenants and Restrictions. 1 5628092.2 401 (g) "Declaration" shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens applicable to the Development recorded among the land records in the Clerk of the County of Suffolk, New York as the same may, from time to time be amended. (h) "Declarant" or "Sponsor" shall mean and refer to Rimor Development LLC., a New York limited liability company and its successors and assigns, if such successors and assigns should acquire an undeveloped or developed but unsold portion of the Development for the purpose of development, including without limitation, any mortgagee which has foreclosed or acquired by other means the interest of the Declarant. (i) "Development" shall mean and refer to all those such property described in Article II, including the Subsequent Phases if such property is brought within the scheme of the Declaration. 0) "Home" shall mean and refer to all units of residential housing situated upon the Development but not upon the Common Properties, whether they are houses or apartments, and whether they are condominiums, rental units or any other permissible type of residential housing. (k) "Homeowner" or "Owner" shall mean and refer to the record owner of fee simple title to any Home, including the Declarant with respect to any Unsold Home, Every Homeowner shall be treated for all purposes as a single owner for each Home held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety such collective ownership shall constitute one (1) Member. (1) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI. Each Member shall be entitled to one (1) vote. (m) "Permitted Mortgage" shall mean and refer to any first mortgage covering a Home or Homes or a mortgage encumbering an Unsold Home then owned by Declarant or its designee. (n) "Permitted Mortgagee" shall mean and refer to the holder of a Permitted Mortgage. (o) "Subsequent Phases" shall mean and refer to the parcel of land contiguous to Condominium I, upon which the Declarant intends to erect a total of up to 60 Homes and which the Declarant may bring within the scheme of the Declaration as set forth in Article II, Section 2 of the Declaration. 2 5628092.2 402 (p) "Recreation Facilities" shall mean and refer to the swimming pool, tennis court, and clubhouse which will be owned, operated and maintained by the Association as part of the Common Areas of the Association. (q) "Statute" shall mean and refer the New York Not-for-Profit Corporation Law. (r) "Supplementary Declaration" shall mean and refer to a Supplementary Declaration of Covenants, Restrictions, Easements, Charges and Liens which is to be recorded in the Suffolk County Clerk's Office in order to bring the Subsequent Phases within the scheme of the Declaration, pursuant to Article II, Section 2 of the Declaration. (s) "Unsold Home" shall mean and refer to any Homes owned by the Declarant and any successors or assigns, until such time as the same have been sold for use, other than personal occupancy of the Declarant and any of its successors or assigns. ARTICLE III. PURPOSE This Association is formed to own, operate, manage, maintain and control the Common Areas and to perform certain maintenance and repairs to the Development as a Homeowners Association for the benefit of the Members of the Association. ARTICLE IV. APPLICABILITY All present and future Members, their family members, tenants, lessees, occupants, guests, licensees, agents, employees and any other person or persons that shall be permitted to use the Common Areas shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ARTICLE V. USE OF FACILITIES The Common Areas shall be limited to the use by the Members, their family members and their guests. In the event that a Member shall lease or permit another to occupy his Home, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Common Areas in lieu of and subject to the same restrictions and limitations as said Member. Any Member, lessee or occupant entitled to the use of the Association facilities may extend such privileges to members of his family residing in his household by notifying the Secretary in writing of the names of any such persons and of the relationship of such Member, lessee or occupant to such persons. 3 5628092.2 403 The Board may establish a limitation on guest privileges and/or establish a guest fee for the use of the Common Areas by guests of Members or permitted lessees or occupants of Homes and their respective family members. Declarant shall have the right, on an equal basis with other Members to use all or any of the Common Areas or permit all or any of the Common Areas to be used by Declarant's designee or any prospective purchaser of a Home or any tenants of Unsold Homes, without charge, in accordance with and subject to these By-Laws and any rules and regulations promulgated by the Board. in addition, Declarant shall have the right, until all Unsold Homes are sold, including all Homes in the Subsequent Phases, to use all or any of the Common Areas without charge, for exhibitions or other promotional functions with respect to Declarant's sales programs. This provision regarding Declarant may not be amended without the written consent of the Declarant. ARTICLE VI. MEMBERSHIP AND VOTING RIGHTS Section 11. MemberstLira. The Association shall have one (1) class of membership. The Owner of a Home or Unsold Home on the Development then subject to the Declaration shall be a Member of the Association whether such ownership is joint, in common or tenancy by the entirety. Each Member is entitled to one vote irrespective of the number of Homes or Unsold Homes owned by a Member. When more than one person or entity holds such interest in such membership, the one vote attributable to such Member shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Member. Section 2. Suspension of Membershi . The rights of a Member or permitted lessee or occupant of a Home, and their respective family members, guests and invitees, to the use and enjoyment of the Common Areas are subject to the payment of periodic Common Expenses levied by the Board, the obligation of which Common Expenses is imposed against each Member and becomes a lien upon the property of any Homeowner against which such Common Expenses are made as provided for by Article VI of the Declaration. If a Member shall be in default in the payment of the Common Expenses assessed against such Member's Home, and fails to cure such default within five (5) days after receipt of written notice from the Board, the Board, in its sole discretion, shall have the option to prohibit all privileges of the Association by such Member, permitted lessee or occupant, and the respective family Members, guests and invitees of the foregoing, and until such Member is reinstated in good standing in the Association, to take such other legal action as may be permitted by applicable law or these By-Laws. In addition to the foregoing, any Member so in default shall be ineligible to be considered for membership to the Board and if on the Board shall be suspended thereto until such time as all Common Expenses, together with late charges, interest and expenses, if any, are paid to the Association. In no event, however, shall a Member's voting rights be suspended for non-payment of Common Expenses. 4 5628092.2 404 Section 3. Transfer of Membershi . Membership in the Association shall be appurtenant to, and may not be transferred except in conjunction with the lawful sale or conveyance of a Home. No Owner shall be permitted to sell or convey his or her Home unless and until he or she shall have paid in full to the Board all unpaid Common Expenses and other amounts required by the Board to be paid and assessed by the Board against such Home. Upon such sale or conveyance, the seller of such Home shall relinquish his or her membership in the Association and the purchaser of such Home shall automatically become a Member, subject to this Declaration, the By-Laws and the rules and regulations. ARTICLE VII. QUORUM, PROXIES AND WAIVERS Section 1. Quorum. So many Members as shall represent at least 51% of all Members whose Homes are then subject to the Declaration present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least 5 days written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many Members as shall represent at least thirty three and one third (33-1/3%) percent of all Members whose Homes are then subject to the Declaration shall constitute a quorum. If, however, such reduced quorum shall not be present or represented at such adjourned meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting and such adjourned meeting shall require at least twenty-five (25%) percent of all Members whose Homes are then subject to the Declaration. At least 5 days written notice of such adjourned meeting shall be given to all Members. Section 2, Vote Re aired to Transact Business. When a quorum is present at any meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such question. Section 3. Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. 5 5628092.2 405 erection 4. Number of Votes. Each Member shall be entitled to one (1) vote irrespective of the number of Homes owned by such Member. Section . Proxies. All proxies shall be in writing signed by the owner, and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 6. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statute or by any provision of the Declaration, Certificate of Incorporation or by these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 7. Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 6, Annual Meetings. The first annual meeting of the membership of the Association shall be held within one (1) year of the closing of the first home. Thereafter the annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors but at least on an annual basis. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By-Laws. The Members may also transact such other business as may properly come before the meeting. Section 9, S ecial Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. The Secretary shall cause a notice of such special meeting stating the time, place and object thereof and the Officer or other person or persons by whom the meeting is called, to be delivered by electronic mail, courier service or First Class mail as provided in Section 10 of this Article to each member of record of the Association entitled to vote at such meeting riot less than ten (10) nor more than thirty (30) days before such meeting. The date of the special meeting shall be determined by the Board of Directors and shall be held no later than sixty (60) days from receipt of any written request pursuant to this Section g unless a later date is agreed to in writing by the Members or the Board of Directors, requesting such meeting. No business other than that stated in such notice shall be transacted at such special meeting unless all Members of the Association are present in person or by proxy. Any or all of the Directors of the Association, other than those designated by the Declarant may be removed without cause by vote of the Members at a special meeting called pursuant to this section if the meeting is called for such purpose. Section 10. Notice of Meetings. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time 6 5628092.2 406 and place where it is to be held, to each Member at least ten but not more than thirty days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 11. Order of Business. The order of business at all meetings shall be as follows: (a) Roll call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business ARTICLE VIII. BOARD OF DIRECTORS Section 1. Number and Term. The number of Directors which shall constitute the whole Board shall be five (5) elected or sponsor-designated members, except for the initial Board of Directors. The initial Board, consisting of three (3) Directors, shall be designated by the Declarant to serve until the first annual meeting of the Association. At the first annual meeting and at all subsequent annual meetings, a total of five (5) Directors shall be elected or designated. All Directors, other than those designated by the Sponsor, shall be elected by the Members. The term of office of two (2) of the Directors shall be fixed for three (3) years, the term of office of two of the Directors shall be fixed at two (2) years, and the term of office of one (1) of the Directors shall be fixed at one (1) year. After Sponsor relinquishes its Board positions (if that time is after the first annual meeting), the original Board will determine the terms so that terms are staggered as originally defined. If Sponsor has designated Board positions at the first year annual meeting the two (2) Homeowner seats will consist of two Directors for a two (2) year term. Separate ballots shall be conducted for each of the three terms of office. Each Member shall be entitled to cast one vote on each ballot for each open Board position. The two (2) or one (1) nominee(s) on each of the ballots, as the case may be, receiving the highest number of votes on their ballot shall constitute the duly executed Board of Directors. At the expiration of the initial term of office of each respective Director, his successor shall be elected to serve a term of three (3) years. The Directors shall hold office until their successors have been elected and hold their first meeting. No more than three (3) Directors may be elected from any one Condominium Regime located on the Development. In addition, the President of each Condominium regime located on the Development shall automatically become a non- voting member of the Board of Directors unless elected by the members. All Directors, 7 5628092.2 407 other than those the Declarant shall have the right to designate, must be either Members of the Association or immediate family members residing in the Member's Home. As required by law, each Director shall be at least nineteen years of age. In no event shall any Member be eligible for election to the Board if such Member is then in default, beyond any applicable grace period, in the payment of Common Expenses or any other amounts required by the Board to be paid. Section 2. " otin and Right of Declarant to Designate Certain Board Members. In an election of Directors, each Member shall be entitled to one (1) vote. The Declarant shall have the right to designate a majority of the total Directors, until all of the Homes in Harvest Pointe Condominium I and any Homes to be built in the Subsequent Phases have been conveyed (i.e. all 124 Homes). When the Declarant no longer owns any Unsold Home in the Development it may not designate any Directors. Declarant may not cast its votes to elect any Directors in addition to the designated Directors set forth above. The provisions of Article Vlil Sections 1 and 2 may not be amended without the written consent of the Declarant. Section 3. Vacancy,and Replacement. If the office of any Director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining Directors, though less than a quorum, at a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Declarant resigns, the Declarant shall have the sole right to appoint another Director in his place. Section 4. Removal. Directors may be removed for cause by an affirmative vote of sixty six and two thirds (66-2/3) percent of the Members. No Director, other than a designee of the Declarant, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member or no longer reside in the Member's Home as part of the immediate family. In the event a Declarant-designated member is removed for cause, the Declarant shall have the sole right to appoint another Director in his place. Section 5. Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the Members or Homeowners personally. These powers shall specifically include, but not be limited to the following items: 8 5628092.2 408 1. To determine and levy monthly assessments ("Common Expenses") to cover the cost of operating and maintaining the Common Areas and other maintenance requirements of the Association payable in advance, The Board of Directors may increase the monthly Common Expenses or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses. The monthly assessments may also include the pro-rata share of maintenance assessments which are payable to the Property Owners Association. 2. To collect, use and expend the Common Expenses collected to maintain, care for and preserve the Common Areas on the Development and other maintenance requirements of the Association. 3. To make repairs, restore or alter the Common Areas after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. 4. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. To collect delinquent Common Expenses by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend the same from time to time, Such rules and regulations and amendments thereto shall be binding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. Such rules and regulations may without limiting the foregoing, include reasonable limitations on the use of the Common Areas by guests of the Members as well as reasonable admission and other fees for such use. 7. To impose fines or penalties upon any Member who violates the Declaration, its rules and regulations or By-Laws as per Article IX (t) of the Declaration. 8. To employ workers, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance, refuse removal and other services, and generally to have the power of Directors in connection with the matters hereinabove set forth. 9. To bring and defend actions by or against one or more Members any of their occupants and lessees pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 9 5628092.2 409 10. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. 11. To execute, acknowledge and deliver (i) any declaration or other instrument affecting the Development, which the Board deems necessary or appropriate to comply with any law, ordinance, regulation, zoning resolution or requirement of any public authority, applicable to the occupancy, maintenance, demolition, construction, alteration, repair or restoration of the Development (ii) any consent, covenant, restriction, easement or declaration, or any amendment thereto, affecting the Development which the Board deems necessary or appropriate. 12. To obtain and review insurance for the Association. (b) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, in addition to any committee required by these By-Laws, each of such committees to include at least one (1) Director, which, to the extent provided in said resolution or resolutions, shall have and may exercise the powers of the Board of Directors in the management of the business and affairs of the Association and may have power to sign all papers which may be required, provided the said resolution or resolutions shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. (c) Notwithstanding anything to the contrary contained in these By-Laws so long as the Declarant shall continue to own one or more Unsold Homes on the Development, including any Homes that may be built on the Subsequent Phases, the Board of Directors may not, without the Declarant's prior written consent (i) make any addition, alteration or improvement to the Common Areas, or (ii) assess any Common Expense for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund or, (iii) charge any special assessment for a non-budgeted item unless required by law, emergency, municipal agency or for the health and safety of the Association and its Members, (iv) hire any additional employees or enter into any service or maintenance contract for work not covered by contracts in existence on the date of the closing of the first Home or, (v) borrow money or otherwise create a security interest on behalf of the Association or on any portion of the Association property or, (vi) increase or decrease the services or maintenance of the Association as set forth in the proposed first year budget of the Association, the Declaration of Covenants and Restrictions or the By-Laws or otherwise provide services in excess of those contemplated by the proposed first year budget or elsewhere in the Offering Plan or any amendments thereto, or, (vii) purchase any materials, equipment or other goods costing in excess of $1,000 or (viii) increase the maintenance charges of the Association more than ten (10%) percent from the prior year's budget, unless required by law, emergency, municipal agency, the health and safety of the Association and its Members or if 10 5628092.2 410 documentation is provided to the Declarant in the nature of a financial statement, bids from contractors or verified increases in utility rates evidencing the need for an increase greater than ten (10%) percent or (ix) utilize Association funds to commence a law suit against the Sponsor or any of its Principals in a matter pertaining to this Development. In addition, so long as there are any Unsold Homes in the development the Board and the Homeowners shall not take any action that will interfere, impair or adversely affect the rights of the Declarant to sell and construct any Unsold Homes. Declarant shall not use its veto power or control of the Board of Directors to reduce the level of services described in the Offering Plan or any amendments thereto or prevent required capital repairs or prevent expenditures required to comply with applicable laws or regulations. While Declarant is in control of the Board of Directors, no mortgage liens will be placed on the Common Areas without the consent of at least 51% of the Homeowners other than the Directors or Declarants' nominees. This subparagraph (c) may not be amended without the written consent of the Declarant. Section 6. Compensation, Directors and officers, as such, shall receive no compensation for their services. Section 7. Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President on two (2) days notice to each Director either personally or by mail or electronic mail. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2) Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statute or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. 11 5628092.2 411 (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. (f) Members of the Board may participate in a meeting by means of a conference telephone call or similar communications equipment by means of which all persons participating in such meeting can hear each other and such participation shall constitute presence at such meeting. Section 8. Annual Statement. The Board of Directors shall furnish to all Members and shall present annually(at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement verified by an independent public accountant and a statement regarding any taxable incorne attributable to the Members and a notice of the holding of the annual meeting of Association members. Section g. Fidel,ity,Bonds. The Board of Directors shall require that all officers and employees of the Association (except Declarant or Declarant's representatives) handling or responsible for Association funds shall furnish adequate fidelity bonds, The premiums on such bonds shall be a Common Expense of the Association. ARTICLE IX. OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by the Board and shall consist of a President, a Vice President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors or Members of the Association. Two or more offices may not be held by the same person. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Aj2pointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board, Section 4. Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. Any officer elected or appointed 12 5628092.2 412 by the Board of Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section 5, The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York, Section 7. The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer, and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain 13 5628092.2 413 the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section g, A reements etc. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE X. NOTICES Section 1. Definitions. Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board of Directors, such Director, or Member, at such address as appears on the books of the Association. Section 2. Service of Notice Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI. COMMON EXPENSES Section 1. Creation of the Lien and Personal Obligation of Assessments. The creation of the lien and personal obligation of Common Expenses is governed by Section 1 of Article V1 of the Declaration. Section 2. Purpose of Common Exams. The purpose of Common Expenses is as specified in Section 2 of Article VI of the Declaration. Section 3. Basis of Common Expenses. The basis of the Common Expenses is as specified in Section 3 of Article VI of the Declaration. Section 4. Date of Commencement of Common Ex enses: Due Dates. The date of commencement and the due dates of Common Expenses are as specified in Section 4 of Article VI of the Declaration. Section 5. Effect of Non-Pe ment of Common Expenses: Remedies of the Association, The effect of non-payment of Common Expenses and the remedies of the Association shall be as specified in Section 5 of Article VI of the Declaration. Section 6. Subordination of Lien to Mortgages. The lien of the assessments provided for herein shall be subordinated pursuant to the provisions of Section 5 of Article VI of the Declaration. 14 5628092.2 414 Section 7. Checks. All checks or demands for money and notes of the Association shall be signed by the President and Treasurer, or by such other officer or officers or such other person or persons as the Board of Directors may from time to time designate. Section 8. Operating Account. There shall be established and maintained a cash deposit account to be known as the "Operating Account" into which shall be deposited the operating portion of all monthly and special Common Expenses as fixed and determined for all Members. Disbursements from said account shall be for the general needs of the operation including, but not limited to, wages, repairs, betterments, maintenance and other operating expenses of the community. Section 9. Other Accounts. The Board shall maintain any other accounts it shall deem necessary to carry out its purposes. ARTICLE XII. INSURANCE The insurance the Board of Directors is required to obtain and maintain on behalf of the Association shall be as provided for in Section 1, Article Vlll of the Declaration. The procedure and requirements for repair or reconstruction of the Common Area shall be as provided for in Section 2 of Article VIII of the Declaration. ARTICLE XIII. AMENDMENTS Except as otherwise provided, these By-Laws may be altered, amended or added to at any duly called meeting of Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty six and two thirds (66 2/3) of the total Members whose Homes are then subject to the Declaration. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Home. Nor shall any amendment have the effect of infringing upon the Declarant's right to build and make membership in or use of the Association available to purchasers or lessees of no more than 124 Homes on the Development. ARTICLE XIV. SELLING, LEASING AND GIFTS OF HOMES Section 1. Selling and Leasing Homes. Any Home may be conveyed or leased by a Member free of any restrictions except as provided in any Declaration of Condominium located on the Development as to any Lease and except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Home unless and until all violations against the Home are removed and all unpaid Common Expenses assessed 15 5628092.2 415 against the Home shall have been paid as directed by the Board of Directors. Such unpaid Common Expenses, however, may be paid out of the proceeds from the sale of a Home, or by the Grantee. Any sale or lease of a Home in violation of this section or the applicable Article of the Declaration shall be voidable at the election of the Board of Directors. Upon the written request of a Member or his mortgagee, the Board or its designee shall furnish a written statement of the status of any violation and the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this Section as they apply to unpaid Common Expenses shall not apply to the acquisition of a Home by a mortgagee who shall acquire title to such Home by foreclosure or by deed in lieu of foreclosure. In such event the unpaid Common Expenses against the Home which were assessed and became due prior to the acquisition of title to such Home by such mortgagee shall be deemed waived by the Association and shall be charged to all other Members of the Association as a Common Expense. Such provisions shall, however, apply to any Common Expenses which are assessed and become due after the acquisition of title to such Home by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Home" is referred to in this Section, it shall include the Home, the Member's interest in the Association and the Member's interest in any Homes acquired by the Association. Section ; . Gifts etc. Any Member may convey or transfer his Home by gift during his lifetime or devise his Home by will or pass the same by intestacy without restriction except as may be permitted regarding occupancy requirements as provided in Article XIII of the Declaration. ARTICLE XV INDEMNIFICATION Section 1. Indemnification to Officers and Directors. To the fullest extent allowed by law, the Association shall indemnify any person, made a party to an action by or in the right of the Association to procure a judgment in its favor by reason of the fact that he, his testator or, intestate, is or was or has agreed to become a Director or Officer of the Association, against the reasonable expenses, including attorneys' fees, actually and necessarily incurred by him in connection with the defense of such action, or in connection with an appeal therein, except in relation to matters as to which such Director or Officer is adjudged to have breached his duty to the Association, as such duty is defined in Section 717 of the Not-For-Profit Corporation Law. To the extent allowed by law, the Association shall also indemnify any person, made, or threatened to be made, a party to an action or proceeding other than one by or in the right of the Association to procure a judgment in its favor, whether civil or criminal, including an action by or in the right of any other corporation, domestic or foreign, which he served in any capacity at the request of the Association by reason of the fact that he, his testator 16 6628092.2 416 or intestate was a Director or Officer of the Association or served it in any capacity against judgment, fines, amounts paid in settlement, and reasonable attorneys' fees actually and necessarily incurred as a result of such action or proceeding, or any appeal therein, if such Director or Officer acted, in good faith, for a purpose which he reasonably believed to be in the best interests of the Association and, in criminal actions or proceedings, in addition, had no reasonable cause to believe that his conduct was unlawful. Section 2. Indemnification to Employees and Agents. The Association may, to the extent authorized from time to time by the Board or by a committee comprised of members of the Board, provide indemnification to employees or agents of the Association who are not Officers or Directors of the Association with such scope and effect as determined by the Board, or such committee. Section 3. Indemnification to Others. The Association may indemnify any person to whom the Association is permitted by applicable law to provide indemnification or the advancement of expenses, whether pursuant to rights granted pursuant to, or provided by, the New York Not-For-Profit Corporation Law or other rights created by (i) a resolution of the Members, (ii) a resolution of Directors, or (iii) an agreement providing for such indemnification, it being expressly intended that these By- Laws authorize the creation of other rights in any such manner. Section 4. Other Rights. The right to be indemnified and to the reimbursement or advancement of expenses incurred in defending a proceeding in advance of its final disposition authorized by this Article XV shall not be exclusive of nor limit any other right which any person may have or hereafter acquire under any statute, provision of the Certificate of Incorporation, By-Laws, agreement, vote of Members or disinterested Directors or otherwise. Nothing contained in this provision shall limit any right to indemnification to which any Director or any Officer may be entitled to contract or under any law now or hereinafter enacted. ARTICLE XVI. GENERAL PROVISIONS Section 1. Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors and unless otherwise specified shall be based on the calendar year. Section 2. Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. 17 5628092.2 417 Section 3. ,architectural Control. No building, deck, patio, fence, wall, statuary, sign or other structure, or change in landscaping, or color of exterior facade shall be commenced, erected, replaced, repaired or maintained upon the Development, nor shall any exterior addition to, or change or alteration thereto, be made until the plans and specifications showing the nature, kind, shape, height, materials, color and locations of the same shall have been submitted to, and approved in writing as to harmony of external design and location, in relation to surrounding structures and topography by the Board of the Association, or by an architectural committee composed of three or more representatives appointed by the Board and/or the Declarant. The provisions of this paragraph shall not apply to the Declarant nor to any Board of Managers of any condominium regime located on the Development as it effects the common elements of the Condominium. A two-thirds majority of a quorum of the Board or Architectural Committee shall be required for approval of all of the above items. The make-up and procedures applicable to an Architectural Committee is as follows: (a) Members of Architectural Committee. The Architectural Committee shall consist of three (3) members; provided, however that such number may be increased or decreased by resolution of the Board. The Architectural Committee shall be initially composed of three (3) persons, each of whom shall be a representative of Declarant. After the first annual meeting of the Association at least one (1) member of the Architectural Committee shall be a Homeowner in the Development (other than a representative of Declarant). (b) Rights of Appointment. (1) By Declarant. Declarant shall have the right to appoint a majority of the members of the Architectural Committee until the last Home in all Phases of the Development are sold. (2) By the Board'. The Board shall have the right to appoint those members of the Architectural Committee which Declarant is not authorized to appoint until such time as Declarant's rights of appointment have expired, and thereafter the Board shall have the right to appoint and remove all members of the Architectural Committee. Architectural Committee members appointed by the Board shall serve for a term of one (1) year or until their respective successors are appointed. (3) Notice of Appointment. Whenever an Architectural Committee member is appointed or removed while both Declarant and the Board have rights of appointment, written notice of such appointment or removal shall be given by the appointing party to the other party. (c) Plans and _Specifications. The Architectural Committee may require such detail in plans and specifications submitted for its review as it 18 5628092.2 418 deems proper, including, without limitation, floor plans, site plans, drainage plans, landscaping plans, elevation drawings and description or samples of exterior material and colors prepared by a licensed professional engineer or registered architect. Until receipt by the Architectural Committee of any required plans and specifications, the Architectural Committee may postpone review of any plan submitted for approval. Decisions of the Architectural Committee and the reasons therefor shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval, within sixty (60) days after receipt by the Architectural Committee of all materials required by the Architectural Committee. Any application submitted pursuant to this Section shall be deemed approved, unless written disapproval or a request for additional information or materials by the Architectural Committee shall have been transmitted to the Applicant within sixty (60) days after the date of receipt by the Architectural Committee of the Applicant's most recent submission. (d) Inspection, of Work. Inspection of work and correction of defects therein shall proceed as follows; (1) The Architectural Committee or its duly authorized representative may at any time inspect any work for which approval of plans is required under this Section 3. However, the Architectural Committee's right of inspection of the work for which plans have been submitted and approved shall terminate sixty (60) days after the work has been completed and the respective Owner has given written notice to the Architectural Committee of its completion. The Architectural Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work have not previously been submitted to and approved by the Architectural Committee. If, as a result of such inspection, the Architectural Committee finds that the work was done without obtaining approval of the plans therefor or was not done in substantial compliance with the plans approved by the Architectural Committee, it shall notify the Owner in writing of his failure to comply with this Section within sixty (60) days from the inspection, specifying the particulars of noncompliance. The Architectural Committee shall have the authority to require the Owner to take such action as may be necessary to remedy the noncompliance. (2) If upon the expiration of sixty (60) days from the date of such notification, the Owner has failed to remedy the noncompliance, the Architectural Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Homeowner shall remedy or remove the same within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Homeowner. If the Homeowner does not comply with the Board ruling within that period, the Board, at its option, may take whatever 19 5628092.2 419 action it may have at law, in equity or in the Declaration or By-Laws including, without limitation, correcting or removing the non-compliance and charging the cost of all necessary work to correct or remove the noncompliance to the Homeowner as an additional Common Expense. Section 4. Examination of Books and Records, Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time during normal business hours upon reasonable notice to its Board of Directors. The Declaration, Certification of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 6. Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so requires. In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. Section 6. Severabilit , Should any of the covenants, terms or provisions herein imposed be or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. 20 5628092.2 OFFICE LOCATION: , MAILING ADDRESS: Town Hall Annex � � "� P.O. Box 1179 54375 State Route 25 � W Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) �� g Southold, NY Telephone: 631 765-1938 www.s outholdt ownny.gov UNTIt PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 8, 2023 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Final Inspection Requirements Overall Approved Site Plan & Certificates of Occupancy Units 99 — 102 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has determined that the requirements listed below must be completed prior to supporting the issuance of the final Certificates of Occupancy (c.o.'s) for the project referenced above. These requirements are listed on the approved site plans and in the conditions and filed covenants and restrictions (C&R's) for this site, all on file with the Planning Board. Please provide the following: 1. The Planning Board site plan approval condition #17, and C&R #2 (and the Stipulation of Settlement) require that a total of$2,000,000 must be paid to the Town in lieu of standard fees such as the Park & Playground fee and the affordable housing buyout fee. The requirement is for 1/124 ($16,129) to be paid to the Town upon the issuance of each unit's c.o. The final payment should be made simultaneously with receiving the final unit's c.o. Currently our records show that we are still owed $145,161 for nine units. • Unit's 105 & 106: c.o.'s issued; no payments received. • Units 96, 97, 98: c.o.'s supported by Planning Board —waiting on c.o.'s from Building Department; no payments received. • Units, 99, 100, 101, 102: these are the last four units for which the c.o.'s are being held by the Town until this list of conditions, all of which have been in place since the approval in 2017, are carried out. No payments received. Harvest Pointe/Heritage at Cutcho ue _Page Two February 8 2023 2. Pursuant to site plan condition #22 and C&R #32: provide evidence that "Seed Mix U or similar native drought-tolerant grass seed mix was planted in the areas labeled as "Seed Mix U as shown on Site Plan Pages L-2 and L-3 of the approved site plan, which are to be managed for native vegetation and wildlife habitat. 3. Pursuant to condition #42 and C&R #34: provide evidence that meters have been installed and are in operating order for each irrigation well to facilitate the annual water-usage monitoring reports required to be provided to the Planning Board as stipulated in the SEQRA Findings and covenants. 4. Provide the contact information for the Harvest Pointe Condominium Owners Association, and a copy of their filed incorporation papers and bylaws. 5. Prior to final c.o.'s being issued, a meeting shall be held between the Harvest Pointe Condominium Owners Association established for the Heritage at Cutchogue, aka Harvest Pointe, its site management company, and members of the Planning Board and Planning Department staff to review the ongoing property management requirements shown on the approved site plans, and its conditions and C&R's. It is incumbent upon the Harvest Pointe Condominium Owners Association along with their site management company, to maintain the site as approved on the site plans, and as described in the conditions and covenants. These property management requirements include, but are not limited to: a restricted mowing regime to maintain natural native meadow habitats in the open space areas labeled as "Seed Mix C" on Site Plan Pages L-2 & L-3, maintenance of the natural buffers for screening purposed to the neighboring properties, non- mechanized maintenance and mowing restrictions for the natural buffers, and limits to the amount of water than can be used for irrigation. Please call the Planning Department with any questions. ectfull „ Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer Southold Town Planning Board Work Session — November 21 RM2 -- Pa e 2 The Pro ect Name. . ... 75 Schoolhouse ou et Road, the n/w corner of Griffing Street and School Housem (Harvest Pt. w—. .SCTM#: _1000-102-1 33 3e Location. _Main R......_ _m.,,..— _9 This eResidential Site Plan isthe development of1124 detached and attached Description: .. �duvellin s Status _..m iu A p ovad with Conditions w.. _.... �_ .. Action: Review e Dort O s of several ants . � .. Attachments. Staff R _w._... ..._..�,. g - ...� 1 arehouses �SCT_._ ....._._� Location Name, O 900 Orp n Road, Cutcho_gue Description: This site is for the proposed construction of a t69,360 sq, ft.. self-storage facility, and includes the construction of six (6) storage buildings: three 12,000 sq. ft. 1-story buildings, two 11,880 sq, ft. 1-story buildings, and one 9,600 sq. ft, 1-story building. Also included is the conversion of an existing 797 sq. ft. garage to an office, an existing dwelling to remain, and 20 proposed parking stalls all on 5.7 acres in the Li ht Industrial Zoning District. Status: P row wm .M�._ _. .. .. Action: I Review for CO Building #5 &#6 Attachments: Staff �_....� Report Project Name: �� Greenport Medical Offices & SCTM#: 1000-34 2-1 Residences �- -.- Location: t mm.. nport Descr tion This Site Plan application for the proposed construction offour 4 campus-style residential office buildings with three (3) medical office units on the first floor and ten (10) workforce housing units on the second floor of each, with 120 a�9 stalls on 4.7 aces in the RO and R-40 Zoning District. .w. Status. Pending_ _. _ Review proposed SAC I�I litigation ... . ...� — kAttac�`km�e—nts Staff Report ProJ ect name 'Baxter, William J. Jr.� SCTM# 1000 102 5 9 4 Location: 2_60 Griffrn §treet, Cutcho ue _ Description: This proposal is for a Standard Subdivision of a 2.38-acre parcel into 4 lots where Lots 1, 2 & 3 = 0.6 acres each, and Lot 4 = 0.5 acres, in the Hamlet District. �._ �.... � . _..-..._ _ ......_ Business Zone_n ....,,.,,,._ �.. .... , Status roved .,,. Action: Review Rev g tation Plan _.....Attachments a oP �. . �..... _..... _.�._... Staff R �2595 Orchard StreetSCAM# Pject Name The Orchards orc wv _. . j 1000-27 1 3 De cno tion: This proposal is for a Clustered Standard Subdivision of p p P� a 13.3-acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99 acres, Lot 3= 1,14 acres, Lot 4= 0.92 and Lot 5= 0.92 acres in the R-80 Zonir mDistrict. _._n„� Status: . —Conditional Sketch AR ra�.val _ ......�_�..mm.__. . .�,.. .. � . �— -. Action. .. Discuss SEQRA Findin s ��...- �.�. Attachments Staff Re�ort � ..,..... 7 ... , . Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date November 21, 2022 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission:. Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size 99 — 102 (A), III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on November 15, 2022: Request for CO: Unit# Unit Type 99 — 102 A • Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; • Street trees planted as approved within the storm water recharge area and along the front of the subject A units on Farmstead Court; • Street trees, driveway asphalt finish, sod and rear yard hydro seeding is completed. All foundation plantings are completed; o Plantings behind these units are planted • Staff: Michael Collins (Town Engineer) has completed a site inspection for the four units requested and has no objection to Certificate of Occupancy; 2. Consistency with Amended Conditions: 1 Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Four (4) A units constructed as approved as verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted November 15, 2022, • Sidewalk constructed at minimum width; • Street trees planted as approved along all of Harvest Pointe Lane including the cul-de-sac, Millstone Lane, Farmstead or in front of final A units 99 - 102; 18 — Prior to beginning Phase (X), at least 75% of the units included in prior Phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. All sections of road where certificates of occupancy have been issued. o Provide parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. Staff: site visit conducted November 15, 2022 showed a significant decrease in on site construction activities as the final units at the end of Harvest Pointe Lane are completed; 2 24— Natural Buffer: Where the Natural Buffer does not provide substantial visual screening; supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all units seeking CO's have exterior lighting constructed consistent with the approved photometric plan 3. Performance Bond: as of March 2019 a hold of $150,014 was released and a new hold of$58,725 ($58,730 with interest) was placed. a. The 2017 Bond Estimate included labor/material for the followin ; i. Off Site Work—drainage, curbing, sidewalk, asphalt paving, pavement marking, 3 stop bars ii. Testing of stockpiled soil — 5 days of testing, 15 samples per day iii. Excavation, Mixing, and regrading of Soil Stockpiles iv. Erosion Control v. Seeding of regraded soil vi. Maintenance, Irrigation and Dust Control vii. Security Gates and Fencing viii. Planting of Natural Buffer (50 Red Cedars) ix. Temporary Swales to Mitigate Storm water on site (1 day machine time) 4. Overall ro'ect update: the four units requested for CO above are the last units that have not been inspected by the Planning Board; however, not all of the previously reviewed units have been issued CO's by the Building Department yet. a. Number of CO's issued and payments received: i. 124 total units 3 ii. 112 units have been issued a CO • 12 units without CO iii. 109 units have provided CO payment • 3 units with CO but no payment submitted Staff: prior to final Planning Board sign off/ CO for all units, all CO payments must be received b. Next Steps: i. Coordinate a site visit for Planning Board members and staff to review the site (week after Thanksgiving) and determine the following: • Consistency with covenants and conditions as required • Consider if additional plantings would be necessary in the natural buffers along the perimeter of the site. a. If the Board determines that additional buffer plantings are required during the site visit, a planting timeline should be agreed upon to ensure that any required plantings are installed during an appropriate planting season. An affidavit or legal document may suffice if the plantings cannot be installed until next spring and the new management company takes over responsibility (see item #iii below) ii. Applicant should verify that all planted areas, including recharge basins, have been planted with the seed mixes and type of plantings as approved. There were specific drought tolerant mixes and deer resistant plantings to be included on site. This could be handled with an as-built vegetation plan or a narrative from the applicant verifying what was planted. iii. Rimland Construction group (current ownership) is projected to transfer the site to an outside management company. Before a new management company takes over the site, it would be prudent for staff to coordinate a meeting with the two parties for an understanding of ongoing conditions and C&R's for the subject parcel. Irrigation limitations, building restrictions and plantings as required in perpetuity. 4 • Certain covenants require follow up and proof of consistency. One is the annual report on water consumption by the irrigation well. The other is the mowing regime for the drought-tolerant grass areas. c. See below for complete list of the fifty-one 51 original conditions IV: Item to consider: Withhold supporting the issuance of a Certificate of Occupancy (CO) for units #99 — 102 until the Planning Board makes a final site inspection and determines the entire site to be consistent with site plan conditions and covenants; and, all CO payments have been received. Conditions: 1. Submit a copy of the Amended C&R's as submitted and reviewed at the January 14, 2019 public hearing, along with proof they were filed with the County Clerk; 2. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan including the architectural drawings, except where the Site Plan is amended by a majority plus one vote of the Planning Board after a Public Hearing. 3. The site will be constructed in four phases according to the Construction Phasing Plan, page PH-1. 4. The clubhouse must be completed and a certificate of occupancy issued prior to certificates of occupancy being issued for any residential units. The pool must be completed and a certificate of occupancy issued by June 1, 2019. Associated site work for the pool and clubhouse must be completed by June 1, 2019. 5. There shall be no more than 124 residential units. Accessory apartments are not permitted. 6. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 5 7. All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. 8. No buildings shall be within 100 feet of the westerly property line of the subject property and no buildings shall be within 75 feet of the eastern property line. 9. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet. The Site Plan was approved with 219,076 square feet of livable floor area, with an allowance of 125 square feet potential increase in each unit with no expansion of the footprint. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed 234,576 square feet. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 6 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11 above. 14.There shall be at least six different colors used for the exteriors of the residential units in the development to provide variety in appearance. 15.The use of low-flow plumbing fixtures within the residential units and the community building is required. 16.Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 17.According to the Stipulation of Settlement, a total of$2,000,000.00 shall be payable by the Declarant for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town of Southold upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. These payments will be apportioned as Park and Playground fees and payments in lieu of building Moderate Income Family Dwelling units. 18.Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 82. iii. All future sections of road where certificates of occupancy have been issued. c. Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. d. No clearing in Phase 2 until after a building permit has been issued for the area not yet cleared. e. Plantings in the buffer, pursuant to condition #24 b must be completed to the satisfaction of the Planning Board prior to beginning construction of units 117- 122. 7 f. Open areas of land not in active construction must be stabilized with vegetation, to the satisfaction of the Planning Board, as soon as weather permits. Prior to beginning Phases 3 or 4, at least 75% of the units in the prior phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The Planning Board will have the discretion to determine the proportion of units that must either have certificates of occupancy and/or be under contract in the previous Phases prior to beginning Phases 3 or 4. This determination will depend on the performance of the owner and their contractors in maintaining safety for residents during the ongoing construction. 19.Limits of clearing will be established for each phase of development according to the approved Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. At the beginning of each phase of development, the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee, and the Office of the Town Engineer prior to any land clearing. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: a. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. c. Tree removal will be avoided during the pup season from June 1 through July 31. 21.April 1st through October 31st: Prior to beginning clearing of each phase, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 1st through October 31 st will be preceded by wildlife surveys following the protocol below: a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications 8 provided to the Planning Board for approval prior to the surveys being conducted. b. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort c. Timing of survey: i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. e. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. f. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. g. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. h. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). i. The barrier should be installed immediately prior to the required survey. j. A person familiar with barrier maintenance shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. k. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. I. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate 9 any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. m. Outside the Turtle Active Season (November 1 st through March 31 st) -- If the barrier has been left in place over the winter months and construction is on- going, a person familiar with barrier maintenance shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 22.To facilitate access for Eastern Box Turtles to the habitat reserved for them in the two areas labeled Seed Mix C that are surrounded by curbing and sidewalk, add at least two sections of flush curbing, each at two feet in length, to each circle, the location and design of which will be reviewed and approved by the Planning Board. These are in addition to the handicap ramps where turtles could also conceivably gain access. 23.All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site. All drainage structures must be installed as approved and any changes must be reviewed and approved by the Southold Town Office of the Engineer. 24.Natural Buffer: a. A minimum 50-foot buffer shall be maintained around the perimeter of the property, as shown on the approved site plan. The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer is identified on the site plan as "Natural Buffer." b. Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of 10 evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the buffer of native evergreens in Phase 1 must be done to accomplish the goals stated above in a. and b. wherever the Natural Buffer is accessible. Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall be done during appropriate planting seasons during these later phases. d. No clearing, grading or mowing may occur within the Natural Buffer area. e. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 25.Existing native evergreens will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where possible. 26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. 27.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 28.Landscaping must be planted and maintained as detailed and shown on pages L-1 through L-6 of the approved site plan. 29.The emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and, once constructed, shall be closed with a gate at all times. 30.A gate at the entrance to the development is not permitted without prior approval by the Planning Board after a Public Hearing. 31.The booth at the entrance shall not be staffed unless approved by the Planning Board after a Public Hearing, except during construction. 32.Bike racks shall be provided at the community center and the tennis court. 33.Lighting: 11 a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 34.The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. b. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. c. No construction activities are permitted on Sundays, year-round, and the following holidays: i. New Year's Day ii. Memorial Day iii. Independence Day (Fourth of July) iv. Labor Day v. Thanksgiving Day vi. Christmas Day 35.The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site improvements as detailed on page C-10 Off-site Improvement Plan. 36.The following signage must be installed at the expense of the Heritage at Cutchogue prior to receiving building permits, except for item c. below, which is only required if (1) such No Left Turn sign is approved by Town Board resolution and also by the New York State Department of Transportation (NYSDOT) without requirement of submission of a traffic study or intersection re-design plan, and (2) the requirement of such sign will not delay implementation of the subject project: a. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all 12 traffic must stop at this intersection (as detailed on page C-10 of the site plan).Approved by Town Board resolution #2017-533. b. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. Approved by Town Board resolution #2017-533. c. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. A Town Board hearing will be requested by the Planning Board after approval of this resolution. 37.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 38.A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: a. A notice provided to all contractors and subcontractors accessing the site about the following: b. Area speed limits; c. Public and private school safety zones; d. Residential neighborhoods; e. No access to or from site over Spur Road or Bridle Lane; f. Days/hours of proposed construction activity; g. Parking areas for workers and heavy vehicles; h. Construction staging areas; i. Measures to ensure protection of land and integrity of local roadways; j. Construction Vehicle Route Designation; k. Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission.. 39.All utilities must be underground. 40.No overnight parking in the streets due to their narrow width. 13 41.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On- Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Subject Property until such time as a condominium owners association takes over the management of the Property; and c. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 42.Irrigation: a. Overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. Drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. Soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. Irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; and e. Water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. All irrigation wells shall include a meter to monitor the use of water for irrigation, a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 14 43.The Open Space area is required to be at least 50% of the land area of this site, and consists of a total of 23 acres, as shown on page OS-1 of the Site Plan. The permitted and prohibited uses in the open space are detailed in the covenants and restrictions and in part on page L-1 of the site plan. 44.Any changes in the extent, height or materials to the existing fence along a portion of the perimeter of the property require prior review and approval from the Planning Board. 45.Solar panels are required to be provided on the clubhouse. 46.A first aid station is required to be provided in the clubhouse. 47.The final design of the Harvest Pointe sign at the entrance for the development will require prior review and approval by the Planning Board for location and lighting, and the Building Department for code compliance. 48.The fence around the tennis court will require review by the Building Department for code compliance. 49.This site plan approval shall be valid for three (3) years from the date of this approval, unless the Planning Board grants an extension. 50.Any changes from the approved site plan shall require Planning Board approval. 51.Prior to the issuance of the first residential unit's certificate of occupancy for each phase of the project, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found to not be in conformance with the Approved Site Plan, no certificate of occupancy may be issued unless the Planning Board approves the change. 15 SCOTT A. RLSSELL k � �� MICHAEL M. COLLINS, P.E. SUPERVISOR ° TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 �� Tel. (631)-765—1560 Fax. (631)-765—9015 � � � , kiI wy I IA V .0 !I N tlf S �i.��µ"J_�w�"➢dx I tl l��l,l7,,,,t...�..n 1S �' OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Brian Cummings November 9, 2022 Planner Southold Town Planning Department 9 4� 'a 1 54375 Main Road RECEIVED Southold, New York 11971 0 2022 Re: Harvest Pointe— Units 99-102 Chapter 236 Inspection vn - Planning Board Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the driveways and front yard areas of units 99-102. The side and rear yard areas have not achieved final stabilization but have been seeded and should be fully stabilized within two weeks. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these four (4) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, A444 Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector OFFICE LOCATION: � - MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 " � �� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 2022 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection, Certificates of Occupancy Units 95 — 98, 105 — 110 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 95 — 98 and 105 — 110 of the above-referenced Residential Site Plan have been completed based on the site inspection made on September 28, 2022 and the subsequent work session on October 3, 2022. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these ten (10) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. s eciJ. i Donald eski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer Southold Town Planning Board 'Work Session — October 3. 2022 —_Pa_ge-2 P�'E VIE. ��C 1"02-1-33.3 0 a" Heritage at Cutch V Pr9jpqtRame: Th Location. 75....Schoolhouse Road, on the n/W corner of Griffin Street and School I House Lane roxImately',,jQT9 feet No th(� Main Road, in Cutch9pe... _ppp --1- 24 detached and Description: This Residential Site Plan is for the development of attached dwellings iA p Myoved with Conditions -;k-CTton:--"----- Review for CO' f several Attachments: Staff Repqq Plan 1000-69-5-18.6 Project Name: Surr!!y_Lane )� nded Site an Location: 2585 Ackerly.Pond ane, Southold Description: This Amended Site Plan Application is for the props sed addition of a farm office within an existing approved 90' x 42' (3,780 q. ft.) agricultural equipment storage building on a 43.7acre parcel with Suffolk County Develop�ent Right"�i jhe A-C Zoning District. ...... .... ......... Status: Pending ......... Action: I Review for Determination Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date October 3, 2022 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size 103 & 104 (A), Units 47 — 58 (B) III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on September 28, 2022: Request for CO: Unit# ==Unit T e 95 — 98 A 105 — 110 A • Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; • Street trees planted as approved within the storm water recharge area and along the front of the subject A units on Farmstead Court; • Street trees, driveway asphalt finish, sod and rear yard hydro seeding is completed. All foundation plantings are in process of being completed; o Plantings behind these units (within the Open Space) are planted • Staff: Michael Collins (Town Engineer) has completed a site inspection for the ten units requested and has no objection to Certificate of Occupancy; 1 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Ten (10) A units constructed as approved as verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted September 28, 2022, • Sidewalk constructed at minimum width; • Street trees planted as approved along most of Harvest Pointe Lane, no street trees yet within cul-de-sac area or in front of final A units 99 - 102; 18 — Prior to beginning Phase (X), at least 75% of the units included in prior Phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. All sections of road where certificates of occupancy have been issued. Provide parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. Staff: site visit conducted September 28, 2022 shows there continues to be an active construction zone (and will continue to be until completion of entire project) completing the final units on Harvest Pointe Lane; 2 24— Natural Buffer: Where the Natural Buffer does not provide substantial visual screening; supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Ongoing REMINDERS: The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. Review conditions 24, 25 & 26 relative to the buffer and existing trees. 3. Performance Bond: as of March 2019 a hold of$150,014 was released and a new hold of$58,725 ($58,730 with interest) was placed. 4. Overall proiect update: after consideration of the ten units for CO listed above, there are a remaining four units that have not been inspected by the Planning Board; however, not all of the previously reviewed units have been issued CO's by the Building Department yet. The remaining performance bond can be utilized to sufficiently complete any landscape plantings or site elements that the Board sees appropriate. IV: Item to consider:. Support the issuance of a Certificate of Occupancy (CO) for units #95 — 98 and 105 — 110; 3 OFFICE LOCATION: XzU1- MAILING ADDRESS: Town Hall Annex soar P.O. Box 1179 54375 State Route 25 �� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtovcniny.gov ��zrX1`41 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 30, 2021 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection, Certificates of Occupancy Units 27-30, 39, 40, 43-46, 111-114 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 27-30, 39, 40, 43-46, and 111-114 of the above-referenced Residential Site Plan, with exception of supplemental evergreen plantings required behind units 45 and 46, have been completed based on the site inspection made on September 21, 2021. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these fourteen (14) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, C^�' �(-)'ac Donald J. Wilcenski Chairman CC' Michael Verity, Chief Building Inspector Michael Collins, Town Engineer Ale SCOTT A. RSSELL �s � �� MICHAEL M. COLLINS, P.E. SUPERVISOR ' � TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD 4° TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 w r Fax (631) 765 9015 wd I;tA Y co; N CCw,s+&,,' SOP OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Brian Cummings September 28, 2022 Planner C C, — Southold Town Planning Department 54375 Main Road RECEIVED Southold, New York 11971 L!)E P 2 8 2022 Re: Harvest Pointe— Units 95-98 & 105-110 _ Chapter 236 Inspection Sou-f6&T -oo in Planning Board Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the driveways, front yard areas and side yard areas of units 95-98 & 105-110. The rear yard areas have not achieved final stabilization but have been seeded and should be fully stabilized within two weeks. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these ten (10) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, Michael M® ollin , P.E. Town Engineer cc: Michael Verity, Chief Building Inspector SCOTT A. RUSSELL �gufF04e42G MICHAEL M. COLLINS, P.E. SUPERVISOR �� TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 %Q ® `�, { Fax. (631)-765—9015 MICHAEL.COLLINS@TOWN.SOUTHOLD.NY.US, RECEIVED OFFICE OF THE ENGINEER JUN 0 6 2022 TOWN OF SOUTHOLD Sou ho Town Planning Board Brian Cummings June 3, 2022 Planner Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 47-58 & 103-104 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the front lawn areas of units 47-58 & 103-104. The rear areas and some side areas have not achieved final stabilization but have been seeded and should be fully stabilized within two weeks. Additionally, the driveways of these units have not yet been paved but the base material has been placed and thoroughly compacted. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these fourteen (14) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, 440 �41 Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector Southold Town Planninq Board Work Session —June 6, 2022 — Page 2 . .. ....... ............ ..................... . .............. ................... ...........................................Project Name: The Heritage at Cutchogue (Harvest Pt.) SCTM#:: 1000-102-1-33.3 : ............. ............................... ................................. .......................I.............................................................................. ...................................................................................................................................... ......................... ................... ................................................................ Location: 75 Schoolhouse Road, on the n/W corner of Griffing Street and School House Lane, a proximately 1,079 feet n/o the Main Road, in Cutchogue. ...............................................................................................................I...........11-1.1........................................................ ................................... .......................... ...................................... .................... ........... Description: This Residential Site Plan is for the development of 124 detached and attached dwellin q s. ................................................ ......................................................................................................... ............................................................................................................................................................................................................................ .................. -with Conditions Status: Approved .......................................... ..................... .. ................................ ................................................................................................................................. ...................... .. .................... ............. ......................................... Action: Review for CO's of several units ...............I................................ .................................................... ............................................................... ................................................................................................................... .................................................................................. ........... Attachments: Staff Report .................................. ......................................................................................................................................................................................................................................... .............................................. ........................... ....................... ............................................................. .................... ............... ---- ----- ........................*.............................. .................... .................... .................. .......................................................... Project Name: Peconic Landing Dining Additions SCTM#:1 1000-35-1-25 .................................................................................................... .................... .... .............................................................____ ...... ....................................................................................................................................................................................................... .................................... Location: 1500 Brecknock Road, Greenport .......................................................................................................__.......................................................................................................................................................................................................................... ........................................ This amended site plan is for the proposed construction of a 1,998 sq. ft. Description: addition and interior alterations to the existing dining building, all part of an existing continuing care retirement community on 144 acres in the Hamlet Density Zoninq District. ...................................................................................................... ........... .................................. .................................................................. ......................... ....................... ... ..................... ........................................................... Status: Pen din in .............. . .. .......................................................................... ........................... ......................... .............................................. ............................................................. Review for Determination Action: ................................................................. ............................. .............................. . .....Attachments: Staff Report ............. ............................ ........................................................................................................................................................ ............................... ... ............................. . ............................. ............. ............................ ......................................... ............................ ........................................................................................................ ..........................................................................................................I.................... Project Name: Smyth Standard Subdivision SCTM#: 1000-102-6-23.1 .............. ..................................................... ........... .................................... ....................................................................................................................................................................... ..................................................................................................................... 29330 Route 25, Cutcho ue .. Location: g............................................................................... ................................................................................................................................. ............. .. . ................................................. .................................... Description: This standard subdivision proposes to subdivide a 3.68 acre improved parcel into 3 lots; where lot 1 equals 1.01 acres, lot 2 equals 1.46 acres and lot 3 equals 1.21 acres in the R-40 Zoninq District. ............................................................................................................................................................................................................................................................... ........................................ . .................................. .. ............................................................... Status: Pendin .......................... . . ........................................................ .................................................................................................................................................................... Action: Review for Completeness .......................................................................................... ..Re........................................ ........ .................................. ..............................Staff port Attachments: ........................................................................................................................................................................................................................................................................... .......................... ............................ ................. ...................................................................................... Discussion: • Planning Board Monthly Report for May, 2022 • Site Plan Use Determinations (SPUD): • FIDCO Storage Building, Private Road off East End Road, Fishers Island, SCTM#1 000-3-5-5.3 • Peconic Watersports, 46770 County Road 48, Southold, SCTM#1 000-55-5-9.1 Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date June 6, 2022 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size 103 & 104 (A), Units 47 — 58 (B) III: Analysis ' 1. With reference to the final site inspection conducted by Brian Cummings on May 31, 2022: Request for CO: Unit# Unit Type 103 & 104 A 47 - 58 B • Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; • Street trees planted as approved within the storm water recharge area and along the front of the subject B units on Farmstead Court; • Street trees and asphalt finish on driveways completed; sod, hydro- seeding and foundation plantings in process of being completed; o Plantings behind these units (within the Open Space) were in the process of being completed including Pin Oak, Red Oak, Sweetgum and Yellowwood trees. Ongoing planting of evergreens between the Clubhouse and units #53-58 (not on approved plan, as provided by applicant) 1 • Staff: Michael Collins (Town Engineer) has completed a site inspection for the fourteen units requested and has no objection for Certificate of Occupancy since all driveways have been thoroughly compacted, exposed soil areas have been seeded and should be stabilized within two weeks; 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Two (2) A units and twelve (12) B units, Constructed as approved to be verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted May 31, 2022, • Sidewalk constructed at minimum width; • Street trees planted as approved along Farmstead Court, no street trees within cul-de-sac area; 18'— Prior to beginning Phase (X), at least 75% of the units included in prior Phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have_ been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. All sections of road where certificates of occupancy have been issued. 2 • Provide parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. Staff: site visit conducted May 31, 2022 showed that area around units 103 & 104 is still an active construction zone (and will continue to be until completion of entire project). B Units 47-58 are -still being worked on but are within,the finishing stages (sod, foundation plantings, interior work; - Construction gates were yet to be implemented to section off an area of Phase 4 along Harvest Pointe Lane. - The proposed access during construction for units #103 & 104 would be from Millstone Lane. 24 Natural Buffer: Where the Natural Buffer does not provide substantial visual screening; supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Ongoing REMINDERS: ■ The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. ■ The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. ■ Review conditions 24, 25 & 26 relative to the buffer and existing trees. ■ As of Memorial Day Weekend, no outside work permitted on Saturdays. 3 3. Performance Bond: as of March 2019 a hold of$150,014 was released and a new hold of$58,725 ($58,730 with interest) was placed. 4. Overall uroiect update: after consideration of the fourteen units for CO listed above, there are a remaining fourteen units that have not been inspected by the Planning Board; however, not all of the previously reviewed units have been issued CO's by the Building Department yet. The remaining performance bond can be utilized to sufficiently complete any landscape plantings or site elements that the Board sees appropriate. IV: Items to consider: 1. Support the issuance of a Certificate of Occupancy (CO) for units #47-58; 2. Consider the analysis for units 103 & 104 as detailed above. 4 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex so P.O.Box 1179 54375 State Route 25 ®�°� U��®� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov UNT4 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June,7, 2022 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection, Certificates of Occupancy Units 47 — 58, 103 & 104 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 47 — 58, 103 and 104 of the above-referenced Residential Site Plan have been completed based on the site inspection made on May 31, 2022. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these fourteen (14) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, , < �" �L)aQ Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer Michaelis,Jessica To: Henry Alia Subject: RE: Harvest Pointe- c of o approval for Unit's 47 through 58, 103 and 104 REC .- >On May 18,2022, at 5:25 PM,Henry Alia<teamalia65@gmail.com>wrote: L%AYt 4 2022ld Town"J >Good afternoon Brian, Planning Soard >It was good to see you this afternoon. >Please reschedule the subject units for the work session on Monday 6/6 as per our conversation on site today. >My apologies as I was hopeful we would be further along. >Unfortunately,we are still contending with labor and material issues,but we continue to forge ahead. >In addition, we want the access to these units to be clean and safe for the residents once they close and move in. >Thank you as always! >Henry i The Heritage at Cutchogue 14 September 20, 2017 cc: Michael Verity, Chief Building Inspector, with map James Richter, Engineering Inspector, with map Encl. Site Plan list for Heritage at Cutchogue (aka Harvest Pointe) By signing this letter, the applicant acknowledges that there are conditions, listed above, some of which must be satisfied prior to the Planning Board Chairman endorsing the site plans, some of which must be satisfied prior to issuance of a building permit, and some of which must be satisfied after building permits are issued. Print name: .' ° Applicant Signature: , Date: The Heritage at Cutchogue 15 September 20, 2017 Site Plan list for Heritage at Cutchogue aka Harvest Pointed _ . _ .. ............ t Revised Date Page # 8/30/ ..._ .._. Title _ _. _ as Sheet Index 17 — . __ C 1 . I end and G .eneral Notes 8/30/17 0 Overall Layout and Materials Plan 8/30/17 _ _. _ _ .. C2 1 Layout an Materials Plan 8/30/17 2 Layrout and Materials Plan TT.... 8/30/1 __- -7 0 Overall Grading and Drainage Plan.. ... 8/30/17 C 3 ..a_. C 3.1 Grading and Drainare Plan 7 m .. _._ . - ing and Drainace Plan 8/30/17 C-3.3 Drainage Calculations 8/30/17 m. ... C-4.0 Overall Utility Plan 8/30/17 .. ... C-4.1 Utility Plan 7 __.... -8/30/1 .. 83 C 4 2 Util Plan 7 �. _ _ C-4.3 Sanitar�Plan 8/30/17 m__ _ _ ._— C-4.4 Sanitary Plan 8/30/17 y..w..y . Water Service Crossing m . ..,..m — �.. ------ _ . .Chart 8/30/17 C 4.6 DrainageStruclture Tableat ...._ 8/30/17 . .__ 7 �nC-6.0 Site Det ....�.� ..,.. 8/30/1 C-5.0 Erosion ails I of Plan _ _..........._.,____—..._............& Sediment Control �._.._ ....7 .. .. .. ... C-6.1 Site Details II /17 C-7.0 Drarnar µe„Detail.. _. _.w. s ...... .. .......— 8/30/17.. C-8.0 Water Details 8/30/17 C-9.0 Sanitary 8/30/17 Details C 10 Site Improvement Plan 8/30/17 Overall Planting Plan _ 8/30/17 L 2 Tree Plant ... di gm.. _. �.... _ - m ing and Seeding Plan 8/30/17 . . L-4 Shrub L-3 Tree lPlalntina Plan Tnd ypical UnitsUnits_lan 8/30/17 17 ntinq g Clubhouse and Entrance 8/30/17 L-6 Pla Shrub Plina DetailsPlan Clubh ___ �— _ — 8/30/17 8/30/17 SB-1 Soil Borin ,s...... ......... SMP-1 Soil Mngement Plan Soil Stria ang Plan 8/30/17 OS-1 Omen Space Plan 8/30/17 m. LI 1 Lighting Plan 8/30/17 ... .- LI 2 1L 9hting Plan 8/30/17 L1 3.. ._..,, I !ghtir Details 8/30/17 _ � . R-1 500' Radius M _ 12/29/15 Existing Conditions Survey y _ 2/4/15 TR-1.0 Fire Truck Circulationn 17 Plan � .. _ 1 8/30/7 TR 2.0 Sin le Unit Truck Circulati�m - PH-1 Construction Phasin Plan n Plan 1/30 17 TS-1 Tree Survey Overt Plan 1/3/17 TS 2 Tree - .. 3/3/1 Survey Overla PPlan 7 TS-3 Tree Relo cation Plan 17 The Heritage at Cutchogue 16 September 20, 2017 Narrative Plans (Booklet Format) ................................................................................................................. _1----------------------------------------------_11,-----------------1------------------ ........... ..... Title Date ............................................. ...... ................. Construction Health and Safety Plan October 12, 2016 Soil Management Plan October 12, 2016 ......... Construction Traffic Management and Logistic Plan June 14, 2017 . ..................................................................................................................................__ ---------_, Community Air Monitoring Plan October 12, 2016 ...................... —------- ........ --—-_-_ Architectural----------- 1 , l , , ll , D, ,r,a,wll,n, g ..- Title ....................................................................................................................... Page # Last Revised Date ... ...................................... ........................ ... ...................... Recreation Building ......................................... Elevations R1 5/30/17 ------------------------------------------------------------------------------ .................................................................................... ...... Elevations R2 5/30/17 -—-—---------------------------------------------------- ................................................ ............ ....... ... .......... ----------------------- Foundation Plan R3 5/30/17 .......................................................................................................................... ------------------- Floor Plan R4 5/30/17 ............... —------------- -- ---------- ---------- Roof Plan R5 5/30/17 .......... .................................. ------------- Model A-Basic ..... .....----—---- --—-------------------------------.............................. Elevations Al 7/18/17 ........ .................................................................................... Foundation Plan A2 7/18/17 ........................... I..... ................... .-... .... .... ........ First Floor Plan A3 7/18/17 ................. ............................................................----------...................................... Second Floor Plan A4 7/18/17 ..................................................................................... ....................................... ..... ..... ...... ........... ..... Roof Plan A5 7/18/17 ...............................................................................................................................................................................---- ....... Model A-1 ------------------------------------------------------------------------------------------- .............................................................................. ................................... Elevations Al-1 7/18/17 ........................................................................................................................................................... ...... ................................................................... Foundation Plan A1-2 7/18/17 ........................................... — ----------------------------------------- --------First Floor A1-3 7/18/17 ---------........................................................................................................ ............................................................... Second Floor Plan Al-4 7/18/17 ..... ......... ................ ........................... ........... I'll, I I'll, ................................................................. Roof Plan A1-5 7/18/17 ................... ...... .............................._............................ . ................................... ... ............................ Model B ............... ... ... ..... ............................ ........................................................ Elevations 131 7/18/17 ............. ............. --_---- Foundation Plan B2 7/18/17 . .............. -----------11-------------------------------------------- First Floor Plan B3 7/18/17 .............................................................................................................................................------------------------------------------------------------------- .......... 11-1-11,11,11,.......................... Roof Plan B4 7/18/17 ------------- -- ------------------Model B-1 ............................................................................................................................ ........................................................-------------------------------- ------------- --- ---- Elevations 131-1 7/18/17 .................................... ..... ............... ... ..... ..................................................................................... . ..... ...... ............ Foundation Plan 131-2 7/18/17 ................ ...... .................................. Floor Plan 131-3 7/18/17 ................................... .......... .......... ......... .............- Roof Plan 131-4 7/18/17 --------------------- ...... ........ __............ The Heritage at Cutchogue 17 September 20, 2017 ----- ------_- ...... ..................... Model B-2 ........ ........__ -- .,.... . .. _............................ ......... - ------ Elevations B2-1 6/16/17 . ...... -- ------ _ �. e...� ..... Foundation Plan B2-2 6/16/17 .... ........_- .... --- First Floor Plan B2-3 6/16/17 .., � ...... ....... ---- �_. ......-- -- _._..._____________ . ... ............ Roof Plan B2-4 6/16/17 ....-- _. .. . a.... Model C _..__......... .. .............. -- ...... �...A - Elevations C1 6/16/17 ... 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Box 1179 54375 State Route 25 �� N Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov �. ur, PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Chief Building Inspector From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board T4�x cc: John Burke, Acting Town Attorney Date: April 27, 2022 Re: Harvest Pointe (aka The Heritage at Cutchogue) Basements As we have discussed in the past, the basements in every unit in the development referenced above must remain unfinished as shown on the stamped approved floor plans and conditions of approval by the Planning Board in their decision on August 14, 2017 (letter dated September 20, 2017), and reaffirmed in their amended decision on February 11, 2019. By unfinished, the Planning Board has clarified the intent of this statement repeatedly, and most notably in a letter to the developers dated December 11, 2018, in the very early stages of construction. In this letter it was stated as follows: "Basements must remain unfinished: • No sheet-rock on walls or ceilings. • No improvements considered to be "finishing" by the Chief Building Inspector. • Insulation on outside walls — OK to use as long as the materials meet the fire-rating requirements to be left exposed." Harvest Pointe Basements Page 2 April 27, 2022 Because the units were created as an integral part of a larger site plan they are not exempt from Planning Board oversight. They are subject to the site plan conditions and must comply with them, including the pages of the site plan itself. According to Southold Town Code, the stamped approved site plans have weight and these plans run with the land and are binding on future owners. The site plan is specifically referenced in the filed covenants. In addition, the developer has assured us that buyers are made aware, in writing, of the restrictions on finishing the basements. According to Town Code §280-130 G, noncompliance with the terms and conditions of the site plan approval or failure to comply with a term or condition of an approved site plan shall be a violation of the Town Code and is subject to penalties. Town Code §280- 156 Remedies enables the Town to rectify situations such as this. Certificates of occupancy should be withheld or revoked for any unit found with a finished basement, and the appropriate steps taken to remove the finish work. Should you have any questions, please contact the Planning Department at 631-765- 1938. cc: Henry Alia OFFICE LOCATION: LING : Town Hall Annex SOI P.O. Box 1179 54375 State Route 25 '0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) t� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov U !F PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Amanda Nunemaker, Building Permits Examiner Cc: Michael Verity, Chief Building Inspector John Jarski, Senior Building Inspector John Burke, Assistant Town Attorney Damon Hagan, Assistant Town Attorney From: Donald J. Wilcenski, Planning Board Chairman oe�' Members of the Planning Board Date: February 14, 2022 Re: Basement Finishing at Harvest Pointe (aka The Heritage at Cutchogue) The Planning Board has reviewed the request to allow some of the finish work in the basement of the unit at 20 Harvest Pointe Lane (SCTM# 102.1-1-56) to remain. The Planning Board remains firm in its commitment to the conditions of approval of the site plan for The Heritage at Cutchogue (aka Harvest Pointe), the filed covenants for this site, and the stipulation of settlement, all of which require the basements of these units to remain unfinished. All finish-work is not permitted, including but not limited to all sheet rock, flooring, interior walls, unfinished electric wiring runs, electric and cable and phone wiring indicative of future finishing plans, and ceiling. Any unit found to have been finished or partially finished is in violation of the conditions of approval and the covenants, and the finish work must be removed to the satisfaction of the Planning Board and the Building Inspector. Please feel free to contact the Planning Department with any questions. We can also provide copies of the conditions of approval for the site and the filed covenants upon request. Southold Town Planning Board Work Session — January 10 2022 — Page 2 Project Name. The Heritage at Cutchogue (Harvest Pt.) SCTM#: 1000-102-1-33.3 Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This Residential Site Plan is for the development of 124 detached and attached dwellings. Status Approved with Conditions Action: Review for CO's of several units Attachments: Staff Report _.._ _:_ Project Name Fishers Island Artist Workshop SCTM#: 1000-12 1 2 Location: Fox Lane, Fishers Island Description: This Site Plan application is for proposed interior renovations and site j work to convert an existing 2-story 12,345 sq. ft. storage building to an artist workshop on 2.1 acres in the General Business Zone. Status: New Application Action: Review for Completeness Attachments: Staff Report Project Name: Greenport Medical Offices & SCTM#: 1000-34-2-1 Residences Location: 160 NYS Route 25, Greenport Description: This Site Plan application is for the proposed construction of four (4) campus-style residential office buildings with three (3) office spaces on the first level and ten (10) workforce housing units on the second level each, with 174 parking stalls on 4.69 aces in the RO and R-40 Zoning District. ........... Status: New Application Action: Review for Completeness Attachments: Staff Report Project name: Baxter, William J. Jr. SCTM#: 1000-102-5-9.4 Location: 260 Griffing Street, Cutchogue Description° This proposal is for a Standard Subdivision of a 2.38-acre parcel into 4 lots where Lots 1, 2 & 3 = 0.6 acres each, and Lot 4 = 0.5 acres, in the Hamlet Business Zoning District. Status: Conditional Final Plat Approval Action: Review for Determination Attachments: Staff Report Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date January 10, 2022 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 91 — 94 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on January 6, 2022: Request for CO; Unit...... ..m^..�.m...... U..n..tnT_Y.p.e....._� 91.. ....A 92 A 94 A n..m • Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; Street trees planted as approved within the storm water recharge area and along the front of the subject units; 0 Units 91-94: street trees and asphalt finish on driveways completed; sod, hydro-seeding and foundation plantings in process of being completed; l • Staff: Michael Collins (Town Engineer) will need to support the subject units for Certificate of Occupancy; 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Four (4) A units, Constructed as approved to be verified by Building Dept. permits examiner, 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted January 6, 2022, for four (4) units • Sidewalk constructed at minimum width, • Street trees planted as approved along Millstone Lane; 18 — Prior to beginning Phase (X), at least 75% of the units included in prior Phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. All sections of road where certificates of occupancy have been issued. • Provide parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening; supplemental plantings must be made to the buffer by planting 2 enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all four (4) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Ongoing REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. Review conditions 24, 25 & 26 relative to the buffer and existing trees. IV: Items to consider: 1. Support the issuance of a Certificate of Occupancy (CO) for units #91-94 as detailed above. 2. Discuss recent Code Enforcement action regarding trucks utilizing Schoolhouse Road which is not permitted J Southold Town Planning Board Work Session - December 20 2021 - Pa e 2 Project - _ Name J Mattituck Hotel SCTM#: 1000.... -22.1 Location: 1 9025 NYS Route 25, Mattituck P , proposed... ., P m a� Description: This site Ian is for the re-development of an existing commercial site including the demolition of the existing building, and the construction of a hotel with 125 rooms, restaurant and catering facility totaling 132,821 sq. ft. and associated parking; and, three 1,200 sq. ft. workforce housing and maintenance buildings with additional parking on two parcels to be merged totaling 11.8 acres in the General Business (B) Zoning District, Status: 1 New Application Action: Review for Completeness Attachments: St aff Report 16J,Pr9ject Name: The Heritage at Cutchogue (Harvest Pt.) SCTM#: 1000-102-1-33.3 Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description This Residential Site Plan is for the development of 124 detached and 1 attached dwellings. Status: Approved with Conditions Action: Review for CO's of several units _ aff Report Attachments, St e: Strong s Storage Buildings ' n s _ SCTM#: 1000-106-6-13.4 Project Nam„ _ _ _ , _ _ _ Location: 3430 Mill Road, Mattituck Description: _ _ .. w......_ iption: This site plan is for the proposed construction of two (2) buildings for boat.. storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings. Status: Pending _ ..... Action: Update on DEIS ...... Attachments: Staff Report Project Name: Orient Point Conservation SCTM#: 1000-14-2-29.2, 29.3, 29.4, Subdivision (Pappas) _ 1000-19-2-2„ 3, 12.2 Location; 32357 Old Main Street, Orient Descri _ ption: This proposal is for a 75/75 clustered Conservation Subdivision of 36.14 acres, currently comprised of six parcels, into 5 residential lots ranging in size from 1.6 to 1.9 acres, and one agricultural parcel with a 0.9 acre development area and with 25.68 acres of farmland from which development rights are proposed to be sold to the Town of Southold, in the R-80 and R-40 zoning districts. Status, Conditional Sketch Approval Action: Update Attachments: Draft Letter Southold Planning Department Staff Report Site Plan Application Work Session - Review for certain Unit CO's Date December 20, 2021 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 31 - 38 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on December 13, 2021: Request for CO:. ....Unit# . .............._ U..n.i.............,.t Type�......... w.......... 33 & 34 B1 and B2 35 & 36 C 36 & 38..........................._. -B2....a.n and B1 • Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; • Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; • Street trees planted as approved within the storm water recharge area and along the front of the subject units; • Units 31-38: street trees and asphalt finish on driveways completed; sod, hydro-seeding and foundation plantings in process of being completed; 1 • Staff: Michael Collins (Town Engineer) will need to support the subject units for Certificate of Occupancy; 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Four (4) C units and four (4) B Units, Constructed as approved to be verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted December 13, 2021, for eight (8) units • Sidewalk constructed at minimum width; • Street trees planted as approved along Millstone Lane; 18 — Prior to beginning Phase (X), at least 75% of the units included in prior Phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. All sections of road where certificates of occupancy have been issued. • Provide parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening; supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. Staff: see photos —there are evident gaps in evergreen screening behind some of these units. Additional plantings should be added 33 — Exterior Lighting: Staff: Unit lighting: all eight (8) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Ongoing REMINDERS: ® The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. it Review conditions 24, 25 & 26 relative to the buffer and existing trees. IV: Items to consider: Whether to support the issuance of a Certificate of Occupancy (CO) for units #31-38 as detailed above with the requirement of additional evergreen plantings to supplement the Natural Buffer '4 SCOTT A. RUSSE � J MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD � TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 Fax. (631)-765—9015 1K $ ,9 4`(_SI I I -!(4th"1?0"rPII �P6"�MGk° OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 5AN 0 6 2(Jf�2. Brian Cummings January 6, 2022 Planner Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 91-94 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the driveways and the front/side lawn areas of units 91-94. The rear lawn areas of these units have not achieved final stabilization but have been hydroseeded and should be fully stabilized when the grass grows in. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these four (4) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, -A ah-1., Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector OFFICE LOCATION: =' MAILING ADDRESS: Town Hall Annex ZF S�� , P.O. Box 1179 54375 State Route 25 �� + Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) . Southold, NY Telephone: 631 765-1938 www.s outholdt ow-nny.gov COU V, N PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 22, 2021 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re, Site Plan Inspection, Certificates of Occupancy Units #31- 38 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 31- 38 of the above- referenced Residential Site Plan, with exception of supplemental evergreen plantings required in the natural buffer behind these units, have been completed based on the site inspection made on December 13, 2021. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these eight (8) units. The supplemental evergreen plantings are required to be planted in the natural buffer behind these units by April, 2022. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, ��)'aQ Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer SCOTT A. RUSSELL MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 Fax. (631)-765—9015 x�u I ICE 1u..m. OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 1) C 21 021 maid Brian Cummings December 17, 2021 Planner Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 31-38 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the driveways and the front/side lawn areas of units 31-38. The rear lawn areas of these units have not achieved final stabilization but have been hydroseeded and should be fully stabilized within two weeks. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these eight (8) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, 44W at, Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector From: Henry Alia <teamalia65@gmail.com> Sent: Thursday December 2 2021 1:41 PM „ To: Cummings Brian A. n W m Cc: Lanza, Heather; Michaelis, Jessica; Sherry Pirone Subject: Re: Harvest Pointe - approval for c of oJ L P�ainnlng Board I Good afternoon, - - Please schedule an inspectionon Unit's 31 through 38 for the end of next week. Currently we have these units graded with top soil, the irrigation is installed and the rear yards have been hydro seeded. Foundation plantings, street trees and sod will be started tomorrow and we expect to be completed next week. If you can confirm it would be greatly appreciated as we would like to be placed on the agenda for the 12/20 work session. Thank you in advance. Henry >On Nov 18, 2021, at 3:40 PM, Henry Alia<teamalia65@gmail.com>wrote: > >Hi Brian, >Just wanted to let you know that we hydro seeded all the rear yards that we will be requesting c of o approval on. >Now all we need is two weeks of toays temperatures. >I will let you know when street trees, foundation plantings, sod, etc. will be completed so you can inspect the same. > >Regards and an early Happy Thanksgiving to you and your family, Henry > >>On Nov 10, 2021, at 11:39 AM, Henry Alia <teamalia65 @gmail.com>wrote: >>Good morning, » >>I left a message for you earlier this morning. >>We are currently grading and will be installing Foundation plantings and sod on several units that we will be requesting c of o approval on. >>I expect that the planning board would allow and approve of seeding of the rear yards in the spring when growth can be expected, but want to confirm the same. >>Please get back to me as soon as possible. k >>Thank you in advance, >>Henry >>Sent from my Whone Southold Town Planninq Board Work Session — September 27, 2021 — Page 2 Project Name, Hard Corner Southold Mixed Use . SCTM#- 1000-61-4-1 Location: 53530 Route 25, Southold Description, This site plan is for the proposed mixed use construction of a 2-story 4,983 sq. ft, building fronting NYS Route 25 with retail on the first floor and three Affordable Housing apartments on the second floor and 25 parking stalls; and four 1,597 sq. ft. 55 and older rental units along Wells Avenue. all on 2.28 acres in the Hamlet Business (HB) Zoning District. Status: Pendinq, . ........ Action- Referral Review (continued) Attachments, Staff Report Project Name: The Heritage at Cutchogue (Harvest Pt.) SCTM#- 1000-102-1731.3 0 Location: 75 Schoolhouse Road, on the n/w corner of Griffi'ng Street and School House Lane, approximately 1,079 feet n10 the Main Road, in Cutchogue. Description'. This Residential Site Plan is for the development of 124 detached and attached dwellings, Status* Approved with Conditions Action: Review for Co's of several units Attachments, Staff Report Project Name: Oregon Storage Warehouses SCTM#: : 1000-83-3-5.3 Location, 11900 Oregon Road, CLItChOgUe Description: This site plan is for the proposed construction of a ±69,360 sq. ft. self- storage facility, and includes the construction of six (6) storage buildings.- three 12,000 sq. ft. 1-story buildings, two 11>880 sq ft, 1-story buildings, and one 9,600 sq. ft. 1-story building, Also included is the conversion of an existing 797 sq. ft. garage to an office, an existing dwelling to rernain, and 20 proposed parking stalls all on 5.7 acres in the Light Industrial Zoning District. Status'. Approved and two of the storage buildings Action: Review for CO of the office Attachments: Staff Report Project Name: Water Dynamics Corp. Storage Building SCTM#: 1000-55-5-11 Location- 46950 CR 48, Southold Description, This site plan is for the proposed conversion an existing 1,303 sq. ft. building to a water testing and filtration business; including the construction of a 988 sq. ft. storage building on 0.28 acres in the General Business "B" Zoning District. Status*. New Application Action- Review for Completeness Attachments Staff Report Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date September 27, 2021 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 27-30, 39 & 40, 43-46, 111-114 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on September 21, 2021: Request for CO: A Units — (4) 111-114 B Units — (6) 27-30, 43 & 44 C Units — (4) Amended Model 39 & 40, 45 & 46 • Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; • Intersections at Millstone Lane and Harvest Point Lane continue to be secured by gates where there are construction areas, • Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; • Street trees planted as approved within the storm water recharge area and along the front of the subject units; I • A Units: street trees completed, sod, foundation plantings and asphalt finish on driveways in process of being completed. Rear yards to be stabilized. • B & C Units: not all street trees planted, sod, foundation plantings or asphalt driveway finish. Rear yards to be stabilized, • Staff: Michael Collins (Town Engineer) supports all fourteen (14) of the subject units for Certificate of Occupancy; 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Constructed as approved, verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. • Sidewalk constructed at minimum width; * Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane (currently unit 88) and Millstone Lane at Clubhouse; * Both termination points secured by gates; • Street trees planted as approved along Sweet Meadow Lane; 18 — Prior to beginning Phase (X), at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 88. iii. Sweet Meadow Lane iv. All future sections of road where certificates of occupancy have been issued. • Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all fourteen (14) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Ongoing REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. • Review conditions 24, 25 & 26 relative to the buffer and existing trees. IV: Item to consider: Whether to support the issuance of a Certificate of Occupancy (CO) for units detailed above. SCOTT A. RUSSELL MICHAEL M. COLLINS, P.E. SUPERVISOR ° TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD �� TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 Fax (631) 765—9015 0 o�N 1 1(,)1A 4'CI[,1 r, � as,��(k^PJl''7°ti3O 1 D1v0 4y II�� RECEIVE OFFICE OF THE ENGINEER TOWN OF SOUTHOLD k_ P 2 1 a i 1 :..owl Planning Board Brian Cummings September 22, 2021 Planner Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 27-30, 39-40, 43-46 & 111-114 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the front and side lawn areas of units 27-30, 40, 43-46 & 111-114. The rear areas have not achieved final stabilization but have been seeded and should be fully stabilized within two weeks. I also inspected unit 39 and determined that the developer has not achieved final stabilization of the lawn areas but these have been graded and should be fully stabilized within two weeks. Additionally, the driveways of units 27-30, 39-40 &43-46 have not yet been paved but the base material has been placed and thoroughly compacted. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these fourteen (14) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector SCOTT A. RUSSELL MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765—9015 Tel. (631)-765—1560 � � „ � �` Fmk OFFICE OF THE ENGINEER � TOWN OF SOUTHOLD SD"I 1 4 1021 Brian Cummings September 13, 2021 Planner Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 29, 30, 111, 112, 113 & 114 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the front and side lawn areas of units 111, 112, 113 & 114. The rear areas have not achieved final stabilization but have been graded and should be fully stabilized within two weeks. I also inspected units 29 & 30 and determined that the developer has not achieved final stabilization of the lawn areas but these have been graded and should be fully stabilized within two weeks. Additionally, the driveways of units 29 & 30 have not yet been paved but the base material has been placed and thoroughly compacted. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these six (6) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincere) 44410 U� Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector From: Henry Alia <teamalia65@gmail.com> Sent: Monday, August 30, 2021 1:45 PM To: Michaelis,Jessica Subject: Fwd: Harvest Pointe - c of o approval for Unit's 27, 28, 29, 30, 39, 40, 43 through 46 and 111 through 114 Hi Jessica, Figured I would forward this to you as well. i I hope all is well! Henry I'I��+ri I. "a r�e; srCa l Begin forwarded message: From: Henry Alia <t r'nafia65 c gn°iail. m> Subject: Harvest Pointe - c of o approval for Unit's 27, 28, 29, 30, 39, 40, 43 through 46 and 111 through 114 Date: August 30, 2021 at 1:42:57 PM EDT To: Brian Cummings <bri an,ournrnin s town.southold n .,!I ? Cc: Heather Lanza < ieather.Laiiza i_tovyi 2 oa.itilolcl.ny,i.us> Good morning, Please place us on the September 13th work session agenda to review and approve the following units for c of o approval: Unit's 27, 28, 29, 30, 39,40, 43 through 46 and 111 through 114 Currently,we are working on Unit's 111 through 114 and expect to start working on the other units later this week. Thank you in advance. Regards, Henry ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i From: Lanza, Heather Sent: Thursday, July 22, 2021 10:58 AM E To: 'Henry Alia' Cc: Michaelis, Jessica; Cummings, Brian A. RA 2 2 20V Subject: RE: Harvest Pointe Griffing St Sidewalk Plan Update - Nar7i7hq I agree the Schoolhouse portion was not part of it. My email stated you are only responsible for the section show n on C:-10. It was the details that were updated, but too late now so not a problem. I'm sure everyone is happy with having the sidewalk there. From: Henry Alia [mailto:teamalia65@gmail.com] Sent:Thursday,July 22, 2021 10:52 AM To: Lanza, Heather<heather.lanza@town.southold.ny.us> Cc: Michaelis,Jessica <jessicam@southoldtownny.gov>; Cummings, Brian A. <brian.cummings@town.southold.ny.us> Subject: Re: Harvest Pointe Griffing St Sidewalk Plan Update The new plan shows sidewalk running to the east along Schoolhouse which is not on our approved plan. Also, we can not leave a hydrant in the middle of a sidewalk due to liability for Rimor, the Town and the contractor.. Otherwise the sidewalk looks great and we have happy homeowners! Sent from my iPhone On Jul 22, 2021, at 9:27 AM, Lanza, Heather<[weather lalw�za�t sw,l so+atllswlr!-rl wl�as>wrote: I'm guessing there were only minor changes so no worries. I'm sure what matters most is that there is a sidewall�. l Iappv it is being completed. From: Henry Alia [p,gJl,t �tearnalia65 D snail, oairoll,] Sent:Thursday, July 22, 2021 9:23 AM To: Lanza, Heather<heather,lanzai t awn sr lathcaid n w.��s> Cc: Michaelis,Jessica <gessicar @soutl°wealdt.rwwwny 1qy>; Cummings, Brian A.. <brian cummings@town.southold.ny.us> ...... -........ Subject: Re: Harvest Pointe Griffing St Sidewalk Plan Update Good morning, The sidewalk is being completed as per sheet C10.0 of the approved site plan today. We were aware of no changes and have contacted both engineering and the highway department regarding the work being completed this week. Regards Henry Sent from my iPhone On Jul 22, 2021, at 9:02 AM, Lanza, Heather<heatlier.lai'iza@town.southold.nv,u > wrote: Hello Henry, Attached please find the final version of the Griffing Street sidewalk plan from the Baxter subdivision application. This plan updates the construction details for the sidewalk. The Planning Board condition 4 35 states the following: "The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site improvements as detailed on page C-10 Off-site Improvement Plan." The Planning Board, at their May 17, 2021 work session, allowed Phase 4 to begin while we worked with our Town Engineer to ensure the sidewalk plan met all the requirements. That consultation has concluded and the attached plan has been approved by the Town Engineer. The expectation is that the Griffing Street portion of the sidewalk (the extent for which Harvest Pointe is responsible being shown on page C-10 Off-site Improvement Plan of the Heritage approved site plan) will be completed by Harvest Pointe prior to any c.o.'s being approved for Phase 4 units. Please feel free to call if you have any questions. We can also provide paper copies of this plan upon request. Heather Lanza,A_[CP Town Planning Director Southold Town Planning 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heat Ll wt hel _Li)sqyL �o <Final Sidewalk Plan June 202 I.pdf> _ .....- ._... _........... _ — �a �QcN l gK(xl c Q- �.ti , X 8 a Q CAM., RJ YY k. �. i •M /� � � I � t� Vs�� sue' � �ti;� � � �� m c ' rs N a S y o[r c , s —...._...�. ."..f ail HEN C a r � � m jS 4 -r.r f �Vkg A N 3a O p x � a>oo zs ,£zsxt -K L Pt x �I s SIi F' j� G5a5IN� Gh7 Cl V 0S ,CIOF1 qCJC7I{ti� -� m 4 u in k i I I -Y& S M. to 29 too is U too the :"W. I.- a, ap 5P A 0 F 'W S zr i3is go r4i 77 a,Ux to 09 A M ENV o ya sp Agamb up Lou", U-61 AT pal v go A",", V.w tic v gh 1w E k 1" TP Ws K 92 i 11 oln W top Rom I M M a HA c nor "An A all Out H v is to 10 E3 a S5 oil G��R IM, IQ 11— 9 T,,o RL try 1 oil I ag, UL tf�,11 1 1 , 1; UN 1_21 I -onto N 6,, U I HIM 1-X RKI GA 0 Ali N.- owg I ON Of 00 r r g, g 11 TOM* ism '13 kill, ................. e �1, 1 60 PH NIB `,i j "I "Ulu I v a Him a" Do,� ................... From: Henry Alia <teamalia65@gmail.com> Sent: Wednesday,June 30, 2021 6:46 PM To: Michaelis,Jessica Subject: Fwd: Harvest Pointe - Unit's 41,42, 89, 90, 115 and 116 updates pictures of sod, driveways and street lights M Hi Jessica,Can you let me know if you received this e mail?1 sent to Brian, but I received a reply that it could not be delivered. Thankyou Henry 1oZ-[-33z Sent from my iPhone Begin forwarded message: From: Henry Alia<teamalia65@gmail.com> Date:June 30, 2021 at 6:36:53 PM EDT To: Brian Cummings<brian.cummings@town.southold.ny.us> Subject: Harvest Pointe- Unit's 41,42,89,90, 115 and 116 updates pictures of sod,driveways and street lights Hi Brian, See attached. Regards Henry Emouppmw NMI i r ,sr - ^��i� .f y� _ j�Yi✓. f. �„� //f. �r I ' � s� I f� -. �' L. r `�- �� .' �P'`��Jf � I ' � 4 f * �:[7 ,r� I =r -s`.. .. M i -- it --� r -� �. ;�# �." ` zz 50 !7[i U}q ri :o Fir _ �� i _ I T -- I �`+ � � � � "'` �."'��'�7+C� �' � � �j"� ��1n � •�!a- � '.�"�r-`ty-wC`.�ZY`� .. � �� -mac r� f-:=+iwz { .,.. _ _ �.•�_ "'mot ri �3 �`r .�..,� ��• aC' +r*�i_., - - ��'' �- .s.� r .. � .! y�.f�✓"` fir' �, �i+l��F� �, +� � )�_ Southold Town Planning Board Work Session — June 21. 2021 -Facie 2 Project Name: Tuthill Conservation Subdivision SCTM#: 1000-17.-4-16, 17.-6-14.2, 18.- 3-30.3, 18.-6-17.3, 18.-6-18.1 Location 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd_, Orient Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status: Pending Action: Concept Overview Attachments: Staff Report Project Name, The Heritage at Cutchogue (Harvest Pt.) SCTM#:� 1000-102-1-33.3 Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This Residential Site Plan is for the development of 124 detached and attached dwellings. Status: Approved with Conditions Action: Review for CO's Attachments; Staff Report Project Name: The Fields at Mattituck SCTM#: 1000-113-2-1.2 Resubdivision Location: 4935 Bergen Avenue, Mattituck Description This resubdivision proposes to separate the drainage area for the new road serving the lots of The Fields at Mattituck subdivision from Lot 27 so that it may be dedicated to the Town along with the subdivision road. Status: New Application Action: Review for Completeness Attachments: Staff Report Project Name. Mazzoni Standard Subdivision SCTM#: 1000-13-2-8.2 Location: 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Sound View Drive, Orient Description. This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a .97 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT). Status: Conditional Preliminary Approval Action: Extension Request Attachments: Staff Report Discussion: Fitness Advantage Waiver Request, Intersection of CR 48 & Youngs Avenue, Southold, SCTM#1000-55-2-16 Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date June 21, 2021 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 41, 42, 89, 90, 115, 116 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on June 17, 2021: Request for CO: units # 41(D unit), 42(D unit ), 89(A unit), 90(A unit), 115(A unit) and 116 (A unit): Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; Intersections at Millstone Lane and Harvest Point Lane continue to be secured by gates where there are construction areas, Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; Street trees planted as approved within the storm water recharge area and along the front of the subject units; Units 89, 901 115,_116: street trees completed, sod, foundation plantings and asphalt finish on driveways in process of being completed; I • Units 41 and 42: no street trees, sod, foundation plantings or asphalt driveway finish have been completed and are not underway; • Staff: Michael Collins (Town Engineer) will need to support the subject units for Certificate of Occupancy; 2. Consistencv with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Four (4) A units and two (2) B/D Units, Constructed as approved, verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted June 17, 2021, for six (6) units • Sidewalk constructed at minimum width; �> Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane (currently unit 88) and Millstone Lane at Clubhouse; o Both termination points secured by gates; • Street trees planted as approved along Sweet Meadow Lane; 18 — Prior to beginning Phase (X), at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 88. iii. Sweet Meadow Lane iv. All future sections of road where certificates of occupancy have been issued. Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all six (6) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Ongoing REMINDERS: The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. Review conditions 24, 25 & 26 relative to the buffer and existing trees. IV: Item to consider: Whether to support the issuance of a Certificate of Occupancy (CO) for units #41, 42, 89, 90, 115 and 116 as detailed above. SCOTT A. RUSSELL � ��. MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROADm TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 3 r r Fax. (631)-765—9015 tISv IN OFFICE OF THE ENGINEER TOWN OF SOUTHOLD .TUN 21 20ZI Planruu)g Board Brian Cummings June 18, 2021 Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 41, 42, 89, 90, 115 & 116 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the front and side lawn areas of these units. The rear areas have not achieved final stabilization but have been seeded and should be fully stabilized within two weeks. Additionally, the driveways of these units have not yet been paved but the base material has been placed and thoroughly compacted. Due to the location of the units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these six (6) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, 'j,14t,j G9 Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector From: Cummings, Brian A. Sent: Friday, June 11, 2021 8:49 AM To: Michaelis, Jessica Subject: FW: Harvest Pointe - Phase 3 units for c of o approval For mail, please. f Nanning u�& (�.�.�� . � Boas � -----Original Message----- From: Henry Alia [ ailto:teamalia65@g ail.co ] Sent: Tuesday,June 8, 2021 4:57 P To: Cummings, Brian A.; Lanza, Heather Cc: Sherry Pirone Subject: Harvest Pointe-Phase 3 units for c of o approval Good afternoon, I would like to schedule a c of o inspection for the following units to be discussed at the next work session: Unit's 41, 42, 89, 90, 115 and 116 Please let me know when this can be arranged. Thanks in advance.. Henry Sent from my Whone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Southold Town Planning Board Work Session May 17. 2021 -,.Page 2 Project Location- name, Koehler New Suffolk Avenue, SCTM#: 1000-115-10-1 on the southeast corner of Marratooka Road and New Suffolk Avenue, Mattituck Description: This proposal is a 11 Cluste I.red Standard Subdivision of a 14.9 acre parcel into seven lots where Lot 1 equals 0.8 acres; Lot 2 equals 0.9 acres; Lot 3 equals 1.11 acres; Lot 4 equals 0.71 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.7 acres; Lot 7 equals 9.5 acres inclusive of 8.72 acres of Open Space, located in the R-80 Zoning District. This property includes a proposed road totaling 0.54 acres. Status Conditional Preliminary Plat Approval Action: Review Outstanding Preliminary Plat Conditions Review Conditions for Final Plat Determination Attachments: I Staff Report p - Project Name: Jenkins Conservation Subdivision SCTM#: 1000-102-2-2.6 & 2.7 Location: 2800 Depot Lane, Cutchogue Description, j This proposal is for a Conservation Subdivision of a 17.89 acre parcel into two lots, where Lot 1 is 1.84 acres and contains an existing house and accessory buildings, and Lot 2 is 16.05 acres and contains a Town drainage easement of 0.28 acres and 15.77 acres of agricultural land. The Town purchased development rights on 15.77 acres of Lot 2 in 2001, and ownership of this property has not changed since that time. The property is located at 2800 Depot Lane, Cutchogue, in the AC zoning district. Status: New Application Action: Review for Completeness Attachments: Staff Report Project Name: The h Heritage at Cutchogue (Harvest SCTM#: 1000 102-1-33.3 Poe) Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in CLItcho.gR_, Description: This Residential Site Plan is for the development of 124 detached and attached dwellings. Status: Approved with Conditions„ Action: Off-Site Improvements Attachments,: Staff Report Southold Planning Department Staff Report Site Plan Application Work Session — Off-Site Improvements Date May 17, 2021 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 63-70 III: Analysis 1. Phase 4 off-site improvements update (Approved Site Plan sheet C-10) includes the construction of a sidewalk and related improvements along Griffing Street heading towards the hamlet center. A Units = 16 on Harvest Pointe Lane B Units = 12 on Farmstead Court (6 duplex footprints) 2. Consistency with approved plan, notes on sheet C-10: General Notes.. t. f; x !p. f , i� ..p., C If =!. i r'i r " f i 3 a I 3. Staff Analysis • General dotes #4 7 and 8 (shown above) make reference to the off-site sidewalk: o #4: The proposed sidewalk from within the Development out to and along Griffing Street will be provided by the Developer, except for the stretch of sidewalk between the Post Office and Schoolhouse Road, which is expected to be constructed by the owner of the Baxter Subdivision. The Heritage at Cutchogue, however, will build this stretch of sidewalk if it has not been built at the time The Heritage is ready to begin Phase 4 of its proposed development a #7: Off-site improvements plan that all the work shown on the plan will be completed prior to the beginning of Phase 2 of the Project, except for the length of new sidewalk beyond the end curb/end Phase 1 line on the eastern side of Griffing Street, which will be completed before Phase 4 of the Project begins,- * #8: All work shown on this plan shall be completed prior to the beginning of Phase 2 of the Project, except for the length of the new sidewalk beyond the Stop Sign/Stop Bar on the eastern side of Griffing Street, which will be completed before Phase 4 of the Project as noted above • Amended C&R's: the applicant is required to amend the C&R's for the subject approval regarding the maximum livable floor area. The applicant's attorney has been in contact with the office of the Town Attorney for completion of this task. Staff and/or Henry Alia will provide a status update on this task. IV: Planning Board items to consider: Whether to permit the completion of the C-10 off site improvement plan (sidewalk) during Phase 4; and, that no CO's will be supported for any Phase 4 units until these improvements have been completed as required. Applicant should confer with Planning staff and the Office of the Town Engineer for up- to-date plans regarding sidewalk placement and improvements. zcbll,zissi rl- Without a Cover Letter RECEIVED S ub j ect: ®� kA ._ .....�� m....._.._..........r �1�� SCTMH-: laoo - D ate: S i�acso-\ Comments: C C rr' OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex � � P.O. Box 1179 54375 State Route 25 A ' Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.s outhol dtownny.gov cou PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 4, 2020 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 111935 Re: Emergency Access Site Plan Violation Approved Residential Site Plan The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Road, SCTM#1000-102-1-33.3 Dear Mr. Alia: It has come to our attention that the emergency gate on site is being used for access by vehicles other than emergency vehicles. In particular a food/canteen truck was seen exiting from the area, and tire tracks were observed running through the gate area. As you know, this is a violation of the site plan conditions (please see attached relevant page of the Planning Board's site plan approval). All use of this gate must cease immediately. Additional violations will trigger an official complaint with the Town's Code Enforcement Department. Thank you for your cooperation. Should you have any questions, please contact the Planning Department. espectfully Donald J. Wilcenski Chairman The Heritage at Cutchogue 9 September 20, 2017 b, Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the. visual screening to the satisfaction of the Planning Board. c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the buffer of native evergreens in Phase 1 must be done to accomplish the goals stated above in a. and b. wherever the Natural Buffer is accessible. Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall be done during appropriate planting seasons during these later phases. d. No clearing, grading or mowing may occur within the Natural Buffer area. e. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 25.Existing native evergreens will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where possible. 26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. 27.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 28.Landscaping must be planted and maintained as detailed and shown on pages L-1 through L-6 of the approved site plan. MThe emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and, once constructed, shall be closed with a gate at all times. 30.A gate at the entrance to the development is not permitted without prior approval by the Planning Board after a Public Hearing. 31_The booth at the entrance shall not be staffed unless approved by the Planning Board after a Public Hearing, except during construction. SCOTT A. RUSSELL � � MICHAEL M. COLLINS, P.E. SUPERVISOR " TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD � � TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 �IIIlU1 i, Fax. (63 L) 765 9015 ,a N'11CII (AA 'P" W �wrw+ i(S6k4IV(4bl,luk, RECE OFFICE OF THE ENGINEER 4� TOWN OF SOUTHOLD 2 012, 02 Planning Board Brian Cummings November 13, 2020 Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 59-62 & 73-76 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for Units 59-62. The developer has also achieved final stabilization for the front and side planted areas of Units 73-76. The rear areas of Units 73-76 have not achieved final stabilization but have been seeded and should be fully stabilized within two weeks. Additionally, the driveways of Units 73-76 have not yet been paved but the base material has been placed and thoroughly compacted. Due to the location of Units 73-76, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these eight (8) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely Michael M. Collins, P.E.. Town Engineer cc: Michael Verity, Chief Building Inspector OFFICE LOCATION: MAILING ADDRESS* Town Hall Annex �r �q P.O. Box 1179 54375 State Route 25u Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) +tr 'oa ? Telephone: 631 765-1938 Southold, NY ,y p , www.southoldtownny.gov PLANNING BOARD OFFICE November 18, 2020 TOWN OF SOUTHOLD Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Certificates of Occupancy re: Units 59-62, 73-76, Tennis & Pickleball Court The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia The Planning Board has found that the requirements for Units # 59-62, 73-76, along with the Tennis Court and Pickleball Court of the above-referenced Residential Site Plan have been completed based on the site inspection made on November 10, 2020 and the subsequent work session discussion November 16, 2020. These units, courts and the supporting infrastructure on site, are now in general conformance with the approved site plan dated September 26, 2017 and the amended site plan for the Pickleball Court dated January 27, 2020; the Planning Board supports the issuance of a Certificate of Occupancy for these improvements. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. �espe fill - a l,J Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer Southold Town Plannin Board +fork Session — November 16 2020 — Pa 2 _ lPro ect Name: Northside Bevera a 1000-122 7 6.7CTM# Locations 1795 Old Main Road, Laurel Description: This site plan is for the conversion of an existing 5,195 sq. ft. storage building into wholesale/retail beverage distribution, office and storage on 1.1 acres in the General Business (B) Zoning District. Status: �� Approved m .. _ _ . Action: Review for CO Attachments: Staff Report Project Name: f Pohe Heritage at Cu h tcogue (Harvest SCTM# 1000-102-1-33 3 nte) _ Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue, Description: This Residential Site Plan is for the development of 124 detached and attached dwellings. Status: Approved with Conditions Action: 8 Units for CO .. _ Attachments: Staff Report Project Str 0 Mill Road, Location:Name: Str ng's Storage Buildings SCTM# 1000 106 6-13.4 Mattituck a _.�.... . ....... Description: This site plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings, d ee Status: Pending Action: SEQRA Draft S 11 co 11 pe Review Attachments: Staff Report Discussion: ❖ Draft October Monthly Report ❖ Draft 2021 PB Schedule Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date November 16, 2020 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 63-70 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on November 10, 2020: Request for CO: unit#59-62, 73-76 along with the tennis court and pickle ball area; • Sidewalk constructed at minimum width; o No crosswalks have been striped in the locations shown on the approved plan; • Intersections at Millstone Lane and Harvest Point Lane continue to be secured by gates where there are construction areas, • Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; • Street trees planted as approved within the storm water recharge area and along the front of the subject units; • All Units: street trees completed, o Foundation plantings completed on units 59-62 but not completed on units 73-76. l c.) Top layer of asphalt not completed for units 73-76 Staff: Michael Collins (Town Engineer) will need to support the subject units for Certificate of Occupancy; - Juniper plantings were installed along the side and rear of units 75 & 76 (see photos). These are additional screening plantings that were not included on the approved plan; - Additional evergreen plantings installed behind units 73-76 and units 59-64 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Eight (8) D units, Constructed as approved, verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted November 10, 2020, for eight (8) units • Sidewalk constructed at minimum width; * Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane (currently unit 88) and Millstone Lane at Clubhouse; * Both termination points secured by gates; • Street trees planted as approved along Sweet Meadow Lane; 18 — Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 88. iii. Sweet Meadow Lane iv. All future sections of road where certificates of occupancy have been issued. • Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all eight (8) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Ongoing REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. • Review conditions 24, 25 & 26 relative to the buffer and existing trees. 3. Tennis Court— layout has been constructed consistent with approved plans, not all perimeter plantings are completed yet; 4. Pickle ball court: generally consistent with approved January 2020 amended site plan. a. Differences: i. Retaining wall added in westernmost corner; ii. Less distance between edge of parking area and court. No plantings have been provided yet. IV: Planning Board items to consider: 1. Require the applicant to manage the site consistent with ongoing Condition #18 and provide proof by photograph; #18 (a): no parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. 2. Consider whether to support the issuance of a Certificate of Occupancy (CO) for units #59-62, 73-76, the tennis court and pickle ball court; as detailed above. 4 From: Cummings, Brian A. Sent: Monday, November 9, 2020 9:38 AM To: Michaelis,Jessica Subject: FW: Harvest Pointe - inspection for final approval Unit's 59 through 62; 73 through 76; tennis and pickle ball court R . ,... E j -----Original Message----- f' n Duos Board From. Henry Alia [mailtoaeamalia65@gmail.com] Sent: Monday, November 9, 2020 8:37 AM To: Cummings, Brian A. Cc: Lanza, Heather Subject: Harvest Pointe-inspection for final approval Unit's 59 through 62; 73 through 76; tennis and pickle ball court Good morning, Please let me know when you can come out to the site to inspect the following for c of o approval: Unit's 59 through 62 Unit's 73 through 76 Tennis/pickle ball court Thank you Henry Sent from my Whone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i r I LT V Henry Alia Harvest Pointe - changing B model tyes (single story) to C model types (two story) Oct 28, 2020 at 3:57:23 PM Brian Cummings Heather Lanza Ai , J 1 . Amanda Nunemaker teamalia65@gmail.com Hi Brian, hope all is well. The health department has granted us approval to change eight (8) units from 1599 to 1999 square feet. As I'm sure you are aware the amended conditions of our approval allow us to add livable floor area in the form of second floors on the single story units without changing the footprint. This change will add a total of 3200 square feet which still keeps us well below our allowed maximum livable floor area on site. Please let us know what the process is so we can obtain building permits for the units we are going to change. Thank you in advance. Regards, Henry Sent from my Phone 110, Southold Planning Department Staff Report Site Plan Application Work Session — Request for Approval Extension Date September 14, 2020 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue (aka Harvest Pointe) Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) ll. Description of Project Type of Site Plan: Residential Acreage of Project Site: 46.17 acres Building Size III: Analysis This Residential Site Plan for the development of 124 detached and attached dwellings and associated amenities and infrastructure was given conditional approval on August 14, 2017, and final site plan approval on February 11, 2019; and 1. Approved: a. Residential Site Plan including 124 detached and attached dwellings, community center, and associated amenities and infrastructure ; b. The subject site has been under construction and is currently progressing into Phase 3 of the project, with the following items completed on site: . Community Center; ii. The Planning Board has supported the issuance of a Certificate of Occupancy (CO) for approximately fifty-six (56) units 1. AUnits = 20 2. B Units = 31 3. D Units = 5 i 116 iii. An area of curb accessing the site has been observed to be damaged and should be repaired by the applicant immediately; 2. With reference to the February 2019 Planning Board Approval Resolution; there are fifty-one (51) ongoing conditions of approval listed below. REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. • Review conditions 24, 25 & 26 relative to the buffer and existing trees. 3. Site Plan Approval Expires, Sel2ternber 17 2020, a. On August 19, 2020, the applicant's agent submitted a letter requesting an Extension of Site Plan Approval until May 1, 2023. (approximately two (2) years and seven (7) months; or 956 days) VI: Planning Board items to consider: 1. The application remains consistent with all pertinent rules and regulations; 2. Require the applicant to repair the damaged area of curbing as described above; 3. Accept the request for extension of amended site plan approval at the Planning Board's Public Meeting tonight, to extend the approval for two (2) years and seven (7) months to May 1, 2023, in order to complete construction. Amended Conditions on oin 1. Submit a copy of the Amended C&R's as submitted and reviewed at the January 14, 2019 public hearing, along with proof they were filed with the County Clerk; 2. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan including the architectural drawings, except where the Site Plan is amended by a majority plus one vote of the Planning Board after a Public Hearing. 3. The site will be constructed in four phases according to the Construction Phasing Plan, page PH-1. 4. The clubhouse must be completed and a certificate of occupancy issued prior to certificates of occupancy being issued for any residential units. The pool must be completed and a certificate of occupancy issued by June 1, 2019. Associated site work for the pool and clubhouse must be completed by June 1, 2019. 5. There shall be no more than 124 residential units. Accessory apartments are not permitted. 6. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 7. All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. 8. No buildings shall be within 100 feet of the westerly property line of the subject property and no buildings shall be within 75 feet of the eastern property line. 9. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet. The Site Plan was approved with 219,076 square feet of livable floor area, with an allowance of 125 square feet potential increase in each unit with no expansion of the footprint. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, J breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed 234,576 square feet. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11 above. 14.There shall be at least six different colors used for the exteriors of the residential units in the development to provide variety in appearance. 15.The use of low-flow plumbing fixtures within the residential units and the community building is required. 16.Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 17.According to the Stipulation of Settlement, a total of $2,000,000.00 shall be payable by the Declarant for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town of Southold upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. These payments will be apportioned as Park and Playground fees and payments in lieu of building Moderate Income Family Dwelling units. 4 18.Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 82. iii. All future sections of road where certificates of occupancy have been issued. c. Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. d. No clearing in Phase 2 until after a building permit has been issued for the area not yet cleared. e. Plantings in the buffer, pursuant to condition #24 b must be completed to the satisfaction of the Planning Board prior to beginning construction of units 117- 122. f. Open areas of land not in active construction must be stabilized with vegetation, to the satisfaction of the Planning Board, as soon as weather permits. Prior to beginning Phases 3 or 4, at least 75% of the units in the prior phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The Planning Board will have the discretion to determine the proportion of units that must either have certificates of occupancy and/or be under contract in the previous Phases prior to beginning Phases 3 or 4. This determination will depend on the performance of the owner and their contractors in maintaining safety for residents during the ongoing construction. 19.Limits of clearing will be established for each phase of development according to the approved Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. At the beginning of each phase of development, the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee, and the Office of the Town Engineer prior to any land clearing. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: 5 a. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. c. Tree removal will be avoided during the pup season from June 1 through July 31. 21.April 1st through October 31st: Prior to beginning clearing of each phase, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 1 st through October 31 st will be preceded by wildlife surveys following the protocol below: a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. b. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort c. Timing of survey:. i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. e. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. f. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. 6 g. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. h. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). i. The barrier should be installed immediately prior to the required survey. j. A person familiar with barrier maintenance shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. k. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. I. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. m. Outside the Turtle Active Season (November 1 st through March 31 st) -- If the barrier has been left in place over the winter months and construction is on- going, a person familiar with barrier maintenance shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 22.To facilitate access for Eastern Box Turtles to the habitat reserved for them in the two areas labeled Seed Mix C that are surrounded by curbing and sidewalk, add at least two sections of flush curbing, each at two feet in length, to each circle, the location and design of which will be reviewed and approved by the Planning Board. These are in addition to the handicap ramps where turtles could also conceivably gain access. 7 23.All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site. All drainage structures must be installed as approved and any changes must be reviewed and approved by the Southold Town Office of the Engineer. 24.Natural Buffer: a. A minimum 50-foot buffer shall be maintained around the perimeter of the property, as shown on the approved site plan. The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer is identified on the site plan as "Natural Buffer." b. Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the buffer of native evergreens in Phase 1 must be done to accomplish the goals stated above in a. and b. wherever the Natural Buffer is accessible. Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall be done during appropriate planting seasons during these later phases. d. No clearing, grading or mowing may occur within the Natural Buffer area. e. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 25.Existing native evergreens will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where possible. 26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary 8 grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. 27.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 28.Landscaping must be planted and maintained as detailed and shown on pages L-1 through L-6 of the approved site plan. 29.The emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and, once constructed, shall be closed with a gate at all times. 30.A gate at the entrance to the development is not permitted without prior approval by the Planning Board after a Public Hearing. 31.The booth at the entrance shall not be staffed unless approved by the Planning Board after a Public Hearing, except during construction. 32.Bike racks shall be provided at the community center and the tennis court. 33.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 34.The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. b. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. c. No construction activities are permitted on Sundays, year-round, and the following holidays: i. New Year's Day 9 ii. Memorial Day iii. Independence Day (Fourth of July) iv. Labor Day v. Thanksgiving Day vi. Christmas Day 35.The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site improvements as detailed on page C-10 Off-site Improvement Plan. 36.The following signage must be installed at the expense of the Heritage at Cutchogue prior to receiving building permits, except for item c. below, which is only required if (1) such No Left Turn sign is approved by Town Board resolution and also by the New York State Department of Transportation (NYSDOT) without requirement of submission of a traffic study or intersection re-design plan, and (2) the requirement of such sign will not delay implementation of the subject project: a. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection (as detailed on page C-10 of the site plan). Approved by Town Board resolution #2017-533. b. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. Approved by Town Board resolution #2017-533. c. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. A Town Board hearing will be requested by the Planning Board after approval of this resolution. 37.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 38.A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: a. A notice provided to all contractors and subcontractors accessing the site about the following: 10 b. Area speed limits; c. Public and private school safety zones; d. Residential neighborhoods; e. No access to or from site over Spur Road or Bridle Lane; f. Days/hours of proposed construction activity, g. Parking areas for workers and heavy vehicles; h. Construction staging areas; i. Measures to ensure protection of land and integrity of local roadways; j. Construction Vehicle Route Designation; k. Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission.. 39.All utilities must be underground. 40.No overnight parking in the streets due to their narrow width, 41.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On- Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Subject Property until such time as a condominium owners association takes over the management of the Property; and c. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 42. Irrigation, 11 JJIL a. Overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. Drip irrigation systems shall be used for irrigation of plantings other than lawn areas, c. Soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary, d. Irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; and e. Water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. All irrigation wells shall include a meter to monitor the use of water for irrigation, a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 43.The Open Space area is required to be at least 50% of the land area of this site, and consists of a total of 23 acres, as shown on page OS-1 of the Site Plan. The permitted and prohibited uses in the open space are detailed in the covenants and restrictions and in part on page L-1 of the site plan. 44.Any changes in the extent, height or materials to the existing fence along a portion of the perimeter of the property require prior review and approval from the Planning Board. 45.Solar panels are required to be provided on the clubhouse. 46.A first aid station is required to be provided in the clubhouse. 47.The final design of the Harvest Pointe sign at the entrance for the development will require prior review and approval by the Planning Board for location and lighting, and the Building Department for code compliance. 48.The fence around the tennis court will require review by the Building Department for code compliance. 12 49.This site plan approval shall be valid for three (3) years from the date of this approval, unless the Planning Board grants an extension. 50.Any changes from the approved site plan shall require Planning Board approval. 51.Prior to the issuance of the first residential unit's certificate of occupancy for each phase of the project, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found to not be in conformance with the Approved Site Plan, no certificate of occupancy may be issued unless the Planning Board approves the change. REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. • Review conditions 24, 25 & 26 relative to the buffer and existing trees. 13 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex 0f 5o P.O. Box 1179 54375 State Route 25 ,�� Southold, 11971 (cor. Main Rd. &Youngs Ave.) ' Southold, NY �a Telephone: 631 765-1938 www.southoldtow-rmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 2020 Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re Extension of Approval The Heritage at Cutchogue Residential Site Plan, aka Harvest Pointe 75 Schoolhouse Road, Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Alia: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 14, 2020: WHEREAS, on February 11, 2019, this Residential Site Plan was approved with conditions for the development of 124 detached and attached dwellings and associated amenities and infrastructure; and WHEREAS, on June 3, 2019, the Planning Board amended condition #20 of the February 11, 2019 resolution; and WHEREAS, the owner of the Heritage at Cutchogue (aka Harvest Pointe) requested an amendment for this site plan, which was approved by the Planning Board on August 14, 2017, to add a single pickleball court of 1,710 square feet located next to the tennis court; and WHEREAS, on December 2, 2019, the Planning Board amended the approved site plan with the addition of a single pickleball court of 1,710 square feet located next to the tennis court; and Herit. ale at Cutcho ue Page 2tmber 15, 2020 WHEREAS, on August 19, 2020, the applicants agent submitted a letter requesting an Extension of Site Plan Approval until May1, 2023; and WHEREAS, at a Work Session held on September 14, 2020, the Planning Board reviewed the application and determined that the expired Site Plan was in compliance with current rules and regulations and granted an extension of two years and seven months to May 1, 2023; and RESOLVED, that the Southold Town Planning Board grants an Extension of Amended Approval With Conditions, listed below, for (2) two years and seven (7) months from September 17, 2020 to May 1, 2023 of the residential site plan entitled "Harvest Pointe at Cutchogue" (aka The Heritage at Cutchogue) prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated July 10, 2015, and last revised August 30, 2017, See attached list of plans included in the site plan. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Amended Conditions (ongoing) 1. Submit a copy of the Amended C&R's as submitted and reviewed at the January 14, 2019 public hearing, along with proof they were filed with the County Clerk; 2. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan including the architectural drawings, except where the Site Plan is amended by a majority plus one vote of the Planning Board after a Public Hearing. 3. The site will be constructed in four phases according to the Construction Phasing Plan, page PH-1. 4. The clubhouse must be completed and a certificate of occupancy issued prior to certificates of occupancy being issued for any residential units. The pool must be completed and a certificate of occupancy issued by June 1, 2019. Associated site work for the pool and clubhouse must be completed by June 1, 2019. q tchogue Page 3 Sept r ber 15, 2020 ljp_! a e at Cu 5. There shall be no more than 124 residential units. Accessory apartments are not permitted. 6. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 7. All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. 8. No buildings shall be within 100 feet of the westerly property line of the subject property and no buildings shall be within 75 feet of the eastern property line. 9. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet. The Site Plan was approved with 219,076 square feet of livable floor area, with an allowance of 125 square feet potential increase in each unit with no expansion of the footprint. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Idealth Services. "Livable floor" area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities„ garages, breezeways, unheated porches, cellars, heater rooms„ and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed: 234,576 square feet. This condition does riot preclude the applicant from applying for an ar°nendment to the site plan to add livable floor area in the for'rn of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement Heritage at Cutch—ogg.e. Page 4 September 15, 2020 (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services, "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11 above. 14.There shall be at least six different colors used for the exteriors of the residential units in the development to provide variety in appearance. 15.The use of low-flow plumbing fixtures within the residential units and the community building is required. 16.Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 17.According to the Stipulation of Settlement, a total of $2,000,000.00 shall be payable by the Declarant for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town of Southold upon, issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. These payments will be apportioned as Park and Playground fees and payments in lieu of building Moderate Income Family Dwelling units. 18.Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. Hert.qe ait Cutchogue Page 5 September 15,,_ 020 i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 82. iii. All future sections of road where certificates of occupancy have been issued. c. Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. d. No clearing in Phase 2 until after a building permit has been issued for the area not yet cleared. e. Plantings in the buffer, pursuant to condition #24 b must be completed to the satisfaction of the Planning Board prior to beginning construction of units 117- 122. f. Open areas of land not in active construction must be stabilized with vegetation, to the satisfaction of the Planning Board, as soon as weather permits. Prior to beginning Phases 3 or 4, at least 75% of the units in the prior phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The Planning, Board will have the discretion to determine the proportion of units that rust either have certificates of occupancy and/'or be under contract in the previous Phases prior to beginning Phases 3 or 4. This determination will depend on the performance of the owner and their contractors in maintaining safety for residents during the ongoing construction. 19.Limits of clearing will be established for each phase of development according to the approved Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. At the beginning of each phase of development, the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee, and the Office of the Town Engineer prior to any land clearing. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: a. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. c. Tree removal will be avoided during the pup season from June 1 through July 31. tleritag at Cutcho ue Page 6 Se te.Wrvtber 15 202 21.April 1st through October 31 st: Prior to beginning clearing of each phase, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 1st through October 31 st will be preceded by wildlife surveys following the protocol below: a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. b. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort c. Timing of survey: i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. e. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. f. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. g. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. h. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). i. The barrier should be installed immediately prior to the required survey. Hernta e at Cutch ague Paqe 7 gplember 15, 2020 j. A person familiar with barrier maintenance shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. k. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. I. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. m. Outside the Turtle Active Season (November 1st through March 31st) -- If the barrier has been left in place over the winter months and construction is on- going, a person familiar with barrier maintenance shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 22.To facilitate access for Eastern Box Turtles to the habitat reserved for them in the two areas labeled Seed Mix C that are surrounded by curbing and sidewalk, add at least two sections of flush curbing, each at two feet in length, to each circle, the location and design of which will be reviewed and approved by the Planning Board. These are in addition to the handicap ramps where turtles could also conceivably gain access. 23.All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site. All drainage structures must be installed as approved and any changes must be reviewed and approved by the Southold Town Office of the Engineer. 24.Natural Buffer: a. A minimum 50-foot buffer shall be maintained around the perimeter of the property, as shown on the approved site plan. The main purpose of this buffer Lie rita e at utchoc ue F September 15, 2020 is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer is identified on the site plan as "Natural Buffer." b. Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the buffer of native evergreens in Phase 1 must be done to accomplish the goals stated above in a. and b. wherever the Natural Buffer is accessible. Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall be done during appropriate planting seasons during these later phases. d. No clearing, grading or mowing may occur within the Natural Buffer area. e. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 25.Existing native evergreens will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where possible. 26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. 27.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 28.Landscaping must be planted and maintained as detailed and shown on pages L-1 through L-6 of the approved site plan. Herita_ eat Cutcho ue Page 9 She tember 1.5, 2020 29.The emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and, once constructed, shall be closed with a gate at all times. 30.A gate at the entrance to the development is not permitted without prior approval by the Planning Board after a Public Hearing. 31.The booth at the entrance shall not be staffed unless approved by the Planning Board after a Public Hearing, except during construction. 32.Bike racks shall be provided at the community center and the tennis court. 33.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 34.The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. b. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. c. No construction activities are permitted on Sundays, year-round, and the following holidays: i. New Year's Day ii. Memorial Day iii. Independence Day (Fourth of July) iv. Labor Day v. Thanksgiving Day vi. Christmas Day Herita e..at Cutchogue 10 September 15. 2020 35.The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site improvements as detailed on page C-10 Off-site Improvement Plan. 36.The following signage must be installed at the expense of the Heritage at Cutchogue prior to receiving building permits, except for item c. below, which is only required if (1) such No Left Turn sign is approved by Town Board resolution and also by the New York State Department of Transportation (NYSDOT) without requirement of submission of a traffic study or intersection re-design plan, and (2) the requirement of such sign will not delay implementation of the subject project: a. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection (as detailed on page C-10 of the site plan). Approved by Town Board resolution #2017-533. b. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. Approved by Town Board resolution #2017-533. c. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. ATown Board hearing will be requested by the Planning Board after approval of this resolution. 37.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 38.A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: a. A notice provided to all contractors and subcontractors accessing the site about the following: b. Area speed limits; c. Public and private school safety zones; d. Residential neighborhoods; e. No access to or from site over Spur Road or Bridle Lane; f. Days/hours of proposed construction activity; g. Parking areas for workers and heavy vehicles; Heritagewwat Cutcho�ue Page 11 _September 1,5, 2020 h. Construction staging areas; i. Measures to ensure protection of land and integrity of local roadways; j. Construction Vehicle Route Designation; k. Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission.. 39.All utilities must be underground. 40. No overnight parking in the streets due to their narrow width. 41.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On- Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Subject Property until such time as a condominium owners association takes over the management of the Property; and c. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 42.Irrigation: a. Overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. Drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. Soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. Irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; and Herita eat Cutch_ ogue Page 12 wtmber 15, 2020 e. Water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. All irrigation wells shall include a meter to monitor the use of water for irrigation, a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 43.The Open Space area is required to be at least 50% of the land area of this site, and consists of a total of 23 acres, as shown on page OS-1 of the Site Plan. The permitted and prohibited uses in the open space are detailed in the covenants and restrictions and in part on page L-1 of the site plan. 44.Any changes in the extent, height or materials to the existing fence along a portion of the perimeter of the property require prior review and approval from the Planning Board. 45.Solar panels are required to be provided on the clubhouse. 46.A first aid station is required to be provided in the clubhouse. 47.The final design of the Harvest Pointe sign at the entrance for the development will require prior review and approval by the Planning Board for location and lighting, and the Building Department for code compliance. 48.The fence around the tennis court will require review by the Building Department for code compliance. 49.This site plan approval shall be valid for three (3) years from the date of this approval, unless the Planning Board grants an extension. 50.Any changes from the approved site plan shall require Planning Board approval. 51.Prior to the issuance of the first residential unit's certificate of occupancy for each phase of the project, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found to not be in conformance with the Approved Site Plan, no certificate of occupancy may be issued unless the Planning Board approves the change. Her t ec�at_Cutcho�uwe Page 13 Somber 1 �202 REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. • The construction route must be followed. Instruct all drivers to use the agreed-upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. • Review conditions 24, 25 & 26 relative to the buffer and existing trees. A copy of this Amended Approval will be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. He�ita e at Cutchogue P 1 September—4 S ber '15, 2020 Site Plan list for Heritage at Cutchogue (aka Harvest Pointe) .......... ......... Page # Title Last Revised Date ................... ................. Sheet Index 8/30/17 C-1 Le ...end and General Notes 8/30/17 C-2.0 Overall Lavout and Materials Plan 8/30/17 .................. C-2.1 La,vout and Materials Plan 8/30/17 .. .......... C-2.2 Layout and Materials Plan,........ 8/30/17 C-3.0 Overall Grading and Drainage Plan 8/30/1eeee7 ............ ................. C-3.1 Gradinq and Drainaqe Plan 8/30/17 Gradinq and Drainaae Plan 8/30/17 ........... 3 Drainage Calculations 8/30/17 C-4.0 Overall Utility Plan 8/30/17 .......... 1 Utilit Plan 8/30/17 2 Utility Plan ... .... ...... 8/30/17 C-4.3 Sanitary Plan w 8/30/17 C-4.4 Sanitary Plan 8/30/17 C-4.5 SanitarV Calculations, Water Service Crossinq Chart 8/30/17 8/30/17 C-4.6 Dr _Ae Structure Table ..........— .—aina 8/30/17 C-5.0 Erosion & Sediment Control Plan 6-6.0 Site Details 1 8/30/17 8/30/17 C-6.1 Site Details 11 ..... 8/30/17 C-7.0 Drainaqe Details . ..... 8/30/17 C-8.0 Water Details C-9.0 Details ...... 8/30/17 C-1 0 Off Site Imp ovement Plan 8/30/17 ...... L-1 Overall Planting Plan ...... .......... 8/30/17 L-2 Tree Plant' and_�edi�n P�an 8/30/17 L-3 Sree Plantina and Seedinq Plan 8/30/17 L-4 hrub Planting Plan Ty al ,Units 8/30/17 _p L-5 Shrub Planj!flq_P�lan (�14bhouse and Entrance 8/30/17 ....... ....... L-6 Plantinq Details 8/30/17 SB-1 it Borings 8/30/17 SoilMa�aciement O Plan- Soil StrippLng Plan 8/30/17 ..... . — — ._.- --— ----------- S-1 . ............. 8/30/17 Ll.1 _JLighting Plan . ..... 8/30/17 LI.2 _jAhtina_PIan 8/30/17 LI.3 i j�ghting Details 8/30/17- —— _ R-1 500 Radius Map 12/29/15 Existina Conditions Survey 2/4/15 ...... ...... TR 1/3/17 Fire Truck CirculationP,lan ..... TR-2.0 Single Unit Truck Circulation Plan 11,3/17 PH-1 Construction Phasina Plan 8/30/17 r TS-1 Tree_Sy ---—- 1/3......../...17 AFTree SurveyOverla Plan - an 1/3/17u . ........... ...... Herito,ry er�at Cutchogue Page 15 September 15, 2020 TS-3 mTree Relocation Plan . �...iG...3/27/17 Narrative Plans B Ti kelet Forman _�....... �1....___ ...._...._.. Date Construction Health and Safety Plan October 12 , 2016 Soil Management Plan October 12, 2016 Mana ement an i..... . --- 201.......... Construction Traffic g d Logistic Plan June 14, 2017 Community Air Monitoring12 Plan October � , 2016 Arc hitectural Drawi ns_... .. Title Pa ccie # Last Revised Date yRecreation BusIdiny, ��-- Elevations R1 _ 5/30/17 _ Elevations R2 5/30/17 - ..... . ... Foundation Plan R3 5/30/17 ................ ._.......... ...�.�....�_�...�..�........ Floor Plan� R4 5/......... /17 ..� . .._ 30 �...... ......�,.. �_..— .....__— .... Roof Plan R5 5/3....0/17 Model A_ . � .�.... ..�_.... _.�...�w�. Basic Elevations Al 7/18/17 Foundation Plan A2 7/18/17 ...� �.�.......�� _First�Floor�Plan��.�� A3 7/18/17 Second Floor Plan ............ . A4 7/18/17 Roof Plan..�. A5 7/1 �. 8/17 Model A-1 .... .... ....... Elevations Al1 7/18/17 Ian 7/18/17 .... .. a � .Foundation P .�� ....... Al-2 �.� First Floor Plan... A1-3 ....... �. 7/18/17 Second Floor Plan Al /1 /17 ...4 7/1.8._ .�. Roof Plan A1-5 7/18/17 Model B Elevations 131 7/18/17 B2 7 Foundation Plan m /18/17 w � . /18/17 First Floor Plan B3 7 ... ........ ......... Roof Plan _ ... B4 7/18/17 Model.�� ....B-1 �.� Elevations 131-1 7/18/17 -...... Foundation Plan B1-2 7/18/17 Floor Plan 131-3 7/18/17 ....... .......... _—. . Roof Plan 131.4 7/18/17 Heritage at Cmutcho ue CS September 15, 2020 ....Model B 2Elev.�... .... ._— ations .. B2-1 6/16.......___ .... ._nR.. . /1 . _______— ______ o Foundation Plan 1..7 First Floor Plan B2-3 6/16/17 .... m. Roof Plan B2-4.. ....._ 6/16/17 Model C _.. .. . .....__—....� ....� _. .....Elevations .. ......C1 _� ..... 6/16/1.7 ...�_ .......... �.,,... �. ...m........ .. —..._ First Floor Plan C2 6/16/17 Second Floor PW.� ...._._ a �.._ Ian C3 6/16/17 Model D ....... _.. .__... ..... D-1 l ... ..W 0/17/18 .......—...... �......... �.....W.,,, �...� �.. ....�. D._�.2 �..�...............� _.. 10/17/18 3 10/17/18 �...... ...,. .......... D 4 10/17/18 Model A Cha........_ es to ng Original Plans ........ .�..Duet Cluster.......�.... -.. .w_ _ w..... �...-, �.�m. Elevations Al 8/23/17 & 78 Duet Cluster tElevations A.... A1.1 8/23/17 ...Units 7T& 78_ _......... --......... mm... ...� Duet Cluster Foundation Plan A2 8/23/17 __(Units 77 & 78 Duet Cluster Frst Floor Plan A3 8/23/17 (Units 77 & 780....... Duet Cluster Sec � 7 Second Floor Plan A4 8/23/17 Duet Cluster Roof Plan 78 A5 8/23/17 (Units 77 & 7 ... .-Duet Cluster levatio Elevations ...�„- .....�. ns Al 8/23/17 Units 79 & Cluster 80 Duet Elevations A1.1 8/23/17 (Units 79 & 80 Duet Cluster Foundation Plan A2 8/23/17 (Units 8 Duet Cluster First Flo or Pan A3 8/23/17 (Units 79�& 80 �..�... .......Duet Cluster.._ m®. ..._ .... .... Second Floor Plan A4 8/23/17 Units le O Duet Cluster E ations Al 8/23/17 .... ...�. _ Units 81 & 82 Duet Cluster Elev ations A1.1 8/23/17 �. _Duet Cluster...Foundation Plan..... A2 8/2........�............. _ Units 81 & 8 3/17 Lle6tag!j- at Qutchogug Page 17 September '(Units "8" ll-'& 8 .............. ..... Model A Changes to Original Plans Continued Duet Cluster First Floor Plan A3 8/23/17 (Units 81 &K) .............. Duet Cluster Second Floor Plan A4 8/23/17 (Units 81 ....... —-— ----------- Duet Cluster Roo&.��_ Plan A5 8/23/17 U 81 & 82) Duet Cluster Elevations Al 8/23/17 (Units 123 (Model A) & � 124 (Model A1-15) Duet Cluster Elevations A1.1 8/23/17 (Units 123 (Model A) & 1 24_(Mod e!_a 1-15)) Duet Cluster Foundation Plan A2 8/23/17 (Units 123 (model A) & 12(Model Al-1.5,,)) Duet Cluster First Floor Plan A3 8/23/17 (Units 123 (Model A) & 124 (Model al-15 Duet Cluster Second Floor Plan A4 8/23/17 (Units 123 (Model A) & 124 (Model Al-15)) Duet Cluster Roof Plan A5 8/23/17 (Units 123 (Model A) & 124 (Model Al-15)) .. .. ........ Model B Changes to Original Plans ... .......... -————— ---- Duet Cluster Elevations B-1 10/13/17 (Units 25 & 26) Duet Cluster Elevations B-1.1 10/13/17 undati Duet Clusteon Plan B-2 10/13/17 (Units 2�_& 26)_ . .......... . ........... -- —. Duet Cluster First Floor Plan 1 B-3 10/13/17 U t 25 8� 26 Duet Cluster Rood Plan B-4 10/13/17 (Units 2S 26 ..... ........... Duet Cluster Elevations .132-1 1/5/18 (Unit 23 Model B-2 & Unit 24 2 ALT-2) Duet Cluster EB-levations 132-1.1 1/5/18 (Unit 23 Model B-2 & Unit 24 B-2 ALT-?)___,_ IjeriLageat Cutchogue Paqg j 8 5e temb�er.l 5,_2020 Model B Changes to Original 17PI Continued ................... ..................... ............ Duet Cluster Foundation Plan 132-2 1/5/18 (Unit 23 Model B-2 & Unit 24 2 ALT ?L ............. .......... ........ Duet Cluster FB-loor Plan 132-3 1/5/18 (Unit 23 Model B-2 & Unit 24 B-2 ALT-2) Duet Cluster Roof Plan 132-4 1/5/18 (Unit 23 Model B-2 & Uni t 24 B-2 ALT- ................---..........I ... ....... .......... Model D & Model 131 Changes to Or i g i n,a.1- Plans Duet Cluster Elevations D-1 11/1/18 Duet Cluster Elevations D-2 11/1/18 ............... --------- Duet Cluster Foundatio an -3 11/11/18 Duet Cluster First Floor Plan D-4 11/1/18 ........... New Model D Roof Plan D-4 10/17/18 New model D Elevations D-1 10/17/18 Southold Town Planning Board Work Session — _September 14 2020 — Pa e 5 .a. Project Name: The Heritage � age at Cutchogue (Harvest SCTM#: 1000-102-1-33.3 Pointe) __... Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue.. Description: p : This Residential Site Plan is for development of 124 detached and attached dwellings. Status: Approved with Con ditions _ _ Action. _... Site Plan Extension,e .. .. ._ . Attachments: Staff Report At _ .... Project Name° Mazzoni Standard Subdivision SCTM#. 1000-13 Project � � -2-8.2 r Location: 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Sound View Drive, Orient Description: This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a .97 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. .......... Status: Conditional Preliminary Plat Approval Action. Extension Request Attachments: Staff Report Discussion: ❖ Monthly Report—August 2020 OFFICE LOCATION: AMILING ADDRESS: Town Hall Annex J107 SO r R P.O. Box 1179 54375 State Route 25 w Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov co PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 25, 2020 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection, Certificates of Occupancy re: Units 1, 2, 71, 72, 85-88 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 1, 2, 71, 72 and 85-88 of the above-referenced Residential Site Plan have been completed based on the site inspection made on August 20, 2020. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these eight (8) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov / ✓y T PLANNING BOARD OFFICE TOWN OF SOUTHOLD WORK SESSION AGENDA Monday, August 24, 2020 4:00 p.m. This .meeting is public; however it does not constitute a public hearing. Testimony from the public may not be solicited nor received. The Planning Board may add or remove applications from the Agenda upon its discretion, without further notice. Applications may not be heard in the order they appear on this agenda. This work session will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted. Options for public attendance: ® To Join via computer: Click Here Or Online at the website zoom.us, click "Join a Meeting" and enter the Meeting ID: 977 3448 0543 Password: 326941 Join by telephone: Call 1(646)558-8656 Enter Meeting ID and password when prompted (same as above) Project Name: The IHeiritage at Cutchogue (Harvest SC J_IIA .' 1000 102-1-33.3 Pointe) Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This Residential Site Plan is for development of 124 detached and attached dwellings. Status: Approved with Conditions Action: Review inspections for c.o.'s Attachments, Staff Report Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date August 24, 2020 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 63-70 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on August 19, 2020: Request for CO's on: units #1, 2, 71, 72, 85-88; • Sidewalk constructed at minimum width, o No crosswalks have been striped in the locations shown on the approved plan; • No median constructed at widened roadway between Units # 86 & 119 • Intersections at Millstone Lane, Sweet Meadow Lane and Harvest Point Lane where there are areas construction continue to be secured by gates , • Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; • Street trees planted as approved within the storm water recharge area and along the front of the subject units; • All Units: street trees completed, foundation plantings not completed.. Request update from applicant for projected planting timeline; I Staff: - Michael Collins (Town Engineer) supported the subject units for Certificate of Occupancy; - ±40 Juniper plantings were installed along the side and rear of unit 1 (see photos). These are additional screening plantings that were not included on the approved plan; 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: Four (4) A units (85-88), two (2) B Units (71&72), two (2) D units (1&2), Constructed as approved, verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted August 19, 2020, for eight (8) units • Sidewalk constructed at minimum width; o Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane (currently unit 88) and Millstone Lane at Clubhouse; o Both termination points secured by gates; • Street trees planted as approved along Harvest Pointe Lane; 18 — Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. 2 b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 88. iii. All future sections of road where certificates of occupancy have been issued. • Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all eight (8) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Staff REMINDERS: is The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. The construction route must be followed. Instruct all drivers to use the agreed- upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. Review conditions 24, 25 & 26 relative to the buffer and existing trees. IV: Planning Board items to consider: Whether to support the issuance of a Certificate of Occupancy (CO) for units #1, 2, 71, 72, 85, 86, 87 and 88, as detailed above. J OFFICE CAS MAILING S: Town Hall Annex ,/ I) �S004 P.O. Box 1179 54375 State Route 25 �,� " Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) ar `r Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov CUUNTµ.Y, ��r PLANNING BOARD OFFICE TOWN OF SO V T OLD August 18, 2020 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Approved Residential Site Plan The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., SCTM#1000-102-1-33.3 Dear Mr. Alia: Pursuant to the February 11, 2019 Planning Board resolution and the June 16, 2020 Planning Board letter, the Board has agreed to permit the commencement of clearing in Phase 3 prior to receiving building permits, with the following conditions: a. No grading or excavation is permitted in Phase 3 until after building permits have been issued for the subject area; b. Dust must be actively controlled as per the approved plans; c. Open areas of land not in active construction must be stabilized with vegetation, to the satisfaction of the Planning Board, as weather permits; d. Natural buffer pursuant to condition #24 b: i. A minimum 50-foot buffer shall be maintained around the perimeter of the property, as shown on the approved site plan. The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer is identified on the site plan as "Natural Buffer". Southold Town Planning Board Page 2 August 18, 2020 ii. Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. iii. Supplemental plantings to the buffer of native evergreens in Phases 2- 4 shall be done during appropriate planting seasons during these later phases. iv. No clearing, grading or mowing may occur within the Natural Buffer area. v. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. e. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued, f. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse. ii. Harvest Pointe Lane from the entrance to the end of unit 117. iii. All future sections of road where certificates of occupancy have been issued. g. Maintain parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. Should you have any questions, please contact the Planning Department. Respectfully, ��)D�Q Donald J, Wilcenski Chairman cc: Michael Verity, Chief Building Inspector From: Lanza, Heather Sent: Wednesday, August 19, 2020 1:02 PM To: Palmeri, Allison Subject: FW:The Heritage aka Harvest Pointe at Cutchogue - site plan approval extension Incoming mail .�C a ` -----Original Message----- AUG 19 2020 From: Henry Alia [mailto:t arnahgb5 n��1ua c orrwl Sent:Wednesday, August 19, 2020 12:56 PM iarirlg an-J To: Lanza Heather< heather.lanza@town�southold ]y,us ->, Don Wilcenski dwil�sl�.i73 ,gr �aid.c n � -w,,, <dw lski7 g Lc ommm> Subject:The Heritage aka Harvest Pointe at Cutchogue-site plan approval extension Good afternoon, We are requesting that an extension be granted for the site plan approval which will expire on September 17, 2020. Please confirm that May 1, 2023 is acceptable.. Thank you in advance, Regards, Henry Alia ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. z SCOTT A. RUSSELL h �� MICHAEL M. COLLINS, P.E. � � P� SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD �i( � TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 r Fax. (631)-765—9015 EI OFFICE OF THE ENGINEER A�1(.'] 191 2(21) TOWN OF SOUTHOLD °;r)ut noIt'd lovvn Iann aral Board Brian Cummings August 17, 2020 Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 1, 2, 71, 72 & 85-88 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the front and side planted areas of Units 1, 2, 71, 72, & 85-88. The rear areas of these units have not achieved final stabilization but have been seeded and should be fully stabilized within two weeks. Additionally, the driveways of these units have not yet been paved but the base material has been placed and thoroughly compacted. Due to the location of these units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these eight (8) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, ,-Xdj a,., Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector OFFICE LOCATION• w MAILING ADDRESS: Town Hall Annex �� a P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 30, 2020 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re. Flag Pole Request The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has approved the request for a flag pole to be placed where shown on the enclosed diagram. The flag pole approved is 35' in height with a white fiberglass pole and base. The American Flag is approved for 6' by 10' and the Harvest Pointe flag at 4' by 6'. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment or dumpsters, and no staging of materials on the streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfullyr Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer 4 f.m AT w 1�.�M,. v N� a �� ,,,,,n 7... r`'—�,-.� +' i 4'4 14 Psi g O �4.� �yY,•"d,i[l ..�. rA m w Q-0 c�-emu r�2> _. f9ti I "s Sw ...........gym, c n i � 00 VJ � r k (nvniov) jG-9 z V z o 011 X � � I I a �- i =IVEI) Scadcr- Tining u ......., .,• Silt SCTM - 1000 - 1 , Date- � .—' , ° Comments: pp w y o 10 A _ m_.. w n gw m 7Y " ! Y J + r avm-a r �r zm o 0 (033Q) ,65'L 6Z M.071q q.7,S .^----'mm— .-.—... ,— .�...... —. — ca a I a , VI M q C y h a I1 .° � l f M � 9 � b OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF $ / P.O. Box 1179 54375 State Route 25 .� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.s outholdt ownny.gov cou PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Chief Building Inspector From: Donald J. Wilcenski, Planning Board Chairman Date: June 16, 2020 Re: Harvest Pointe (The Heritage at Cutchogue) SCTM#1000-102-1-33.3 Request to Begin Clearing Phase 3 The applicant has requested to be allowed to begin clearing in Phase 3 of the project referenced above. Pursuant to condition #18 in the February 11, 2019 Planning Board resolution, the applicant must provide proof that at least 75% of the units in the previous phase have either (a) been issued certificates of occupancy, or (b) are under contract to be sold. The Planning Board has received written verification in the form of signed purchase agreements that 23 units out of a total of 30 units (75%) in Phase 2 are under contract to be sold. Therefore Phase 3 as shown in the approved site plan may begin. The following ongoing conditions remain in effect: a. No clearing in Phase 3 until after at least one building permit has been issued for the area to be cleared (at least one of the units numbered 111 to 116). b. Plantings in the buffer, pursuant to condition #24 b, must be completed to the satisfaction of the Planning Board prior to beginning construction of units 111- 116. c. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. Southold Town Planning Board Page 2 June 16, 2020 i. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences on all sections of road where certificates of occupancy have been issued. d. Provide parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. e. Open areas of land not in active construction must be stabilized with vegetation, to the satisfaction of the Planning Board, as soon as weather permits. Should you have any questions, please contact the Planning Department at 631-765- 1938. cc: Henry Alia OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) 41 Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov cou PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 16, 2020 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection, Certificates of Occupancy re: Units 83, 84, 117-122 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 83, 84, and 117-122 of the above-referenced Residential Site Plan have been completed based on the site inspection made on June 11, 2020. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these eight (8) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, C�^ Donald J. iilcenski Chairman CC" Michael Verity, Chief Building Inspector Michael Collins, Town Engineer OFFICE LOCATION: MAILING ADDRESS: Town Hall Annexe P.O. Box 1179 54375 State Route 25 1 " Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) c'h^ Southold, NYti Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD WORK SESSION AGENDA Monday,June 15, 2020 3:00 p.m. This meetingis public; however it does not constitute a public hearing. Testimony from p � p g Y � the public may not be solicited nor received. The Planning Board may add or remove applications from the Agenda upon its discretion, without further notice. Applications may not be heard in the order they appear on this agenda. This work session will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted. In addition, a recording of the meeting will air on Channel 22 and will be posted on the Town's website. Link to join meeting: https:// lib.zootii,Lii `,I 26.,4 12216'71?papd=cIDVBNINl 2cij) (1?� J T l2ZNY I 1"t'{)9. Meeting ID: 964 23221671 Password: 087600 Join by telephone: Call 1(646)558-8656 Project Name: The H� eritage at Cutchogue (Harvest SCTM#: 1� � 000.....102-1-33 3 � Pointe) ®......... —_ . Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School I House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. i Description: This Residential Site Plan is for development of 124 detached and attached dwellings. I Status l Approved with Conditions sand ' Action: Review inspections for review for Phase 3 clearing. Attachments: Staff Report Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date June 15, 2020 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 63-70 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on June 9, 2020: Request for CO's on: units #83, 84, 117-122; • Sidewalk constructed at minimum width along Harvest Pointe Lane; o No crosswalks have been striped in the locations shown on the approved plan; • No median constructed at widened roadway between Units # 86 & 119 • Intersections at Millstone Lane, Sweet Meadow Lane and Harvest Point Lane where there are areas construction continue to be secured by gates , • Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; • Street trees planted as approved within the storm water recharge area and along the front of the subject units; • Units 83, 84, 117-122: street trees and foundation plantings completed as approved; 1 Staff: Michael Collins (Town Engineer) supported the subject units for Certificate of Occupancy; 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: (8) A units (83, 847 117-122), Constructed as approved, verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted February 6, 2020, for (4) B units #23-26 • Sidewalk constructed at minimum width; o Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane (currently unit 117) and Millstone Lane at Clubhouse; o Both termination points secured by gates; • Street trees planted as approved along Harvest Pointe Lane; 18 — Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse 2 ii. Harvest Pointe Lane from the entrance to the end of unit 88. iii. All future sections of road where certificates of occupancy have been issued. • Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all eight (8) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Staff REMINDERS: ■ The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. ■ The construction route must be followed. Instruct all drivers to use the agreed- upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. ■ Review conditions 24, 25 & 26 relative to the buffer and existing trees. V: Planning Board items to consider: Whether to support the issuance of a Certificate of Occupancy (CO) for units #83, 84, 117, 118, 119, 120, 121 and 122, as detailed above. 3 erry ne <sherry Senor. Friday, Junoe 12, 020 @ laPMst-pointe.com> tb � °w ...w..__....... ..� .. To: Lanza, Heather; Michaelis,Jessica; Cummings, Brian A. Cc: HenryAlia-Internet Subject: Harvest Pointe J111°J �a r��'io°L Attachments: Scan2020-06-12_140121.pdf P. ai uvii :g Board Good Afternoon: Per Henry's request, attached please find two contracts. Should you have any questions, please contact Henry directly at (631) 678-2667.Thanks. Sherry Pirone Construction Assistant 75 Schoo]House Road Cutchogue,NY 11935 (631)735-9200 connect with us! ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. SCOTT A. RUSSELL MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 UEVIIuuIUUIO Fax (631)-765 9015 I if & i VI RECEIVE OFFICE OF THE ENGINEER TOWN OF SOUTHOLD �� will, - PlannIng 113oard Brian Cummings June 5, 2020 Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 83, 84 & 117-122 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization for the front and side planted areas of Units 83, 84 & 117-122. The rear areas of these units have not achieved final stabilization but have been thoroughly hydroseeded and should be fully stabilized within two weeks. Additionally, the driveways of these units have not yet been paved but the base material has been placed and thoroughly compacted. Due to the location of these units, any stormwater runoff from areas that have not yet achieved final stabilization will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these eight (8) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, Michael M. Collins, P.E. Town Engineer cc: Michael Verity, Chief Building Inspector From: Henry Alia <teamalia65@gmail.com> Sent: Wednesday, March 11, 2020 1:24 PM To: Michaelis,Jessica Subject: Fwd: Harvest Pointe - Unit's 117 through 122 - inspection and approval for c of o Hi again, a-.. ...., I also wanted to confirm that they received this e mail as well. E Thanks! V11AR Sent from my iPhone °..i .__......_�ann.. ing IE:5oa._,. Begin forwarded message: From: Henry Alia<teamalia65@gmail.com> Date: March 9, 2020 at 4:54:20 PM EDT To: Heather Lanza<Heather.Lanza@town.southold.ny.us>, Brian Cummings <brian.cummings@town.southold.ny.us> Cc: Sherry Pirone <sherry@harvest-pointe.com> Subject: Harvest Pointe - Unit's 117 through 122 - inspection and approval for c of o Good afternoon, I would like to get the following units inspected prior to the 3/23 work session for planning board review and approval to obtain c of o's: Unit's 117 through 122 Please confirm. Thank you in advance. Regards, Henry ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i [ZECEIVED _ .I March 5, 2020 N rm4ig IBoard Ms. Heather Lanza Director of Planning Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: Harvest Pointe at Cutchogue aka The Heritage—Phase 3 clearing Dear Ms. Lanza, Please be advised that we are respectfully requesting to be placed on the calendar for the planning board work session on Monday March 23rd to discuss the Phase 3 clearing at Harvest Pointe at Cutchogue. Currently we have 83%of the units either sold or in contract in Phase 1 and 2 which surpasses the 75% required as per the conditions of the approved site plan. I have enclosed copies of the buyer contracts as well as copies of c of o's issued to date. Thank you in advance. Regar nryA , roject Mana Rimor Develo LL Harvest Pointe at Cutchogue OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ' " 7 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) �� Telephone: 631 765-1938 Southold, NY www.sontholdtownny.gov r PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 28, 2020 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection for Certificates of Occupancy Units 23-26 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 23-26 of the above- referenced Residential Site Plan have been completed based on the site inspection made on February 12, 2020. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a. Certificate of Occupancy for these four (4) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or du~umpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, c` 1 66 Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer Southold Town Planning Board Work Session — Februa 24 2020 — Page 2 � Project Na Southold Gas Station� me; k & Convenience Store 1 SCTM# 1000-55-5-2.2 Location: 45450 CR 48, on the s/w corner of CR 48 and Youn9 s Avenue, Southold. Description: " This Amended Site Plan is for the proposed conversion of an existing j 13,476 sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales, with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and the other at 50' x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 acres in the General Business (B) Zoning District. Action:, Continued Pending ed Review of Revised Site Plan _.. ., Attachments Staff Re Project Name: Vineyard View ( SCTM# 1000-40-3-1 Location: . h.60a...CR4e, Greenport Description: Tppod _ Residential Site Plan is for 50 multiple dwelling units in seven buildings. All units are proposed to be offered for rent at rates set by the federal government for affordability for the next 50 years. The plan, includes 14 one-bedroom units, 22 two-bedroom units and 14 three- bedroom units, a 2,769 sq. ft. community center, 102 parking spaces; r and various other associated site improvements, on a vacant 17.19-acre parcel of which 9.91 acres will be preserved as open space (5.98 acres upland and 3.93 acres wetlands), in the Hamlet Density (HD) Zoning District located on the s/s of County Road 48 ±1,600' n/e/o Chapel Lane, G reenport. Status: Am. _.. � .. pproved with Conditions aO 1 Revised Tree Planting Plan & Irrigation Plan Attachments. ; Staff Repo ' p Project Name: The Heritage at Cutchogue 2015 (Harvest SCTM#: 1000-102-1-33.3 Pointe) Location; 75 Schoolhouse Road, on the n/w corner of Griffing Street and School ely , o ue 1079 feet n/o the Main Road, in Cutch House Lane, approximat m i Description: � attached idwelling,C l Site withla 6�188 de ft��community Th is p nt of 124 detached and q. unity center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD)I Zoning District. Status: Approved with Conditions Action. Request for CO for#23-26 Attachments: Staff Report Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date February 24, 2020 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Units 63-70 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on February 6, 2020: Request for CO's on: units #23-26; • Sidewalk constructed at minimum width; * Along Sweet Meadow Lane and Millstone Lane; o No crosswalks have been striped in the locations shown on the approved plan; • Intersections at Millstone and Sweet Meadow Lane where there are areas construction continue to be secured by gates , • Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; • Street trees planted as approved within the storm water recharge area and along the front of the subject units; • Units 23-26: street trees and foundation plantings completed as approved; 1 Staff: Michael Collins (Town Engineer) supported the subject units for Certificate of Occupancy; 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: (4) B units #23-26, Constructed as approved, verified by Building Dept. permits examiner; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted February 6, 2020, for (4) B units #23-26 • Sidewalk constructed at minimum width; • Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane Phase 1 (units 82 & 123) and just past the clubhouse on Millstone Lane; o Both termination points will be secured by gates, the Harvest Pointe Lane location is to be the construction parking and staging area (see photos); • Street trees planted as approved along Millstone Lane; 18 — Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. 2 i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 82. iii. All future sections of road where certificates of occupancy have been issued. • Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. 24 — Natural Buffer: Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 33 — Exterior Lighting: Staff: Unit lighting: all four (4) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan Staff REMINDERS: The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. The construction route must be followed. Instruct all drivers to use the agreed- upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. Review conditions 24, 25 & 26 relative to the buffer and existing trees. V: Planning Board items to consider:. Whether to support the issuance of a Certificate of Occupancy (CO) for units #23-26 as detailed above. J SCOTT A. RUSSELL MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER J TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 , ,w Fax (631) 765 9015 Tel. (631)-765—1560 IJIU�001 � All 1 1w hu)� OFFICE OF THE ENGINEER TOWN OF SOUTHOLD f::EB 0 5 2020 o"own PIauno-iiVung i,;',a and Brian Cummings February 5, 2020 Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: Harvest Pointe— Units 23-26 & 63-70 Chapter 236 Inspection Dear Mr. Cummings: I have inspected Harvest Pointe and determined that the developer has achieved final stabilization and complied with all aspects of Chapter 236 for Units 23-26. Final stabilization has not been completed for Units 63-70, particularly in the back of the buildings. Due to the current weather it is unlikely that final stabilization will be achieved before spring when the developer plans to complete the plantings and seed the lawn areas. Due to the location of these units, any stormwater runoff from exposed areas will not migrate off site. Therefore, the Engineering Department has no objection to Certificates of Occupancy being issued for these eight (8) units at this time. If you have any questions concerning this review please do not hesitate to contact my office at (631) 765-1560. Sincerely, Ue� Michael M. Collins, RE, Town Engineer cc: Michael Verity, Chief Building Inspector OFFICE LOCATION: , a „,rvx MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 �� '" w � Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) �y t re Telephone: 631 765-1938 Southold, NY ; www.southoldtownny.gov w, PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 31, 2020 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection for Certificates of Occupancy Units 63-70 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 63-70 of the above- referenced Residential Site Plan have been completed based on the site inspection made on January 23, 2020. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these eight (8) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector Michael Collins, Town Engineer From: Cummings, Brian A. Sent: Thursday,January 16, 2020 9:15 AM To: Michaelis,Jessica Subject: FW: Harvest Pointe - Units's 63 through 70 - inspection for planning board sign off For mail please ..._ �"',. ,��°'w" N I�.� -----Original Message----- From: Henry Alia [mailtoaeamalia65@gmail.com] Sent: Tuesday,January 14 2020 1:29 PM ` To: Cummings, Brian . p� 4!�ion g ��,,a l : �°N��ru�air�d;i gd �;l Cc: Lanza, Heather - Subject: Harvest Pointe - Units's 63 through 70 -inspection for planning board sign off Good afternoon Brian, As per discussion last week,we are currently grading and installing irrigation on several unit's on Sweet Meadow Court. In addition,we have sod scheduled for Thursday of this week. Can you come to the site to inspect either late Thursday or Friday? Let me know. Thank you Henry Sent from my iPhone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �t '� P.Q. Box 11 � Southold, 11 1'971 54375 Slate Route 25 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY tivww.southoldto,WTmy-gov COU01 PLANNING BOARD OFFICE December 3, 2019 TOWN OF SOUTHOLD Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, INY 11935 Re: Addition of pickleball court to The Heritage at Cutchogue Residential Site Plan, aka Harvest Pointe 75 Schoolhouse Road, Cutchogue SCTM1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Alia: The following resolution was adopted at a meeting of the Southold Town Planning Board on December 2, 2019: WHEREAS, the owner of the Heritage at Cutchogue (aka Harvest Pointe) requested an amendment for this site plan, which was approved by the Planning Board on August 14, 2017, to add a single pickleball court of 1,710 square feet located inext to the tennis court; and WHEREAS, at the work session on November 4, 2019, the Planning Board reviewed the request and found that the use was allowed and that the change to the site is very small and is considered de-minimus; be it therefore RESOLVED, that the Southold Town (Planning Board approves the addition of the pickleball court as shown on the plan entitled Pickle Court Layout, Page SP3, prepared by Timothy A. Rumph R.L.A., dated April 16, 2018 and last revised August 21, 2019. A copy of this approval will be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Respectfully Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager Southold Town Planning Board Work Session — November 4 2019 — Pa e 2 Project Name: 1 The Heritage at Cutchogue 2015 (Harvest SCTM#:, 1000-102-1-33.3 Location: 775 Schoolhouse Road, on the n/w corner of Griffing Street and Schoolf 4I House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. _. _ . wa Description: This Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD)r i Zoning District Status: Ap Action: ` Review Request for _ � � .... � q e Pickle Ball Court _! Attachments None j Pro ect Na e. Fishers Island Air ort Hangar SCTM# 1000-12-1-18 m Island ue Fishers I p This site even s. e proposed s - on- Description:tiGon: - m m. . Ian is for the hangar and +13 790 s ft of paved access construction of a 4,200 sq. ft. aircraft I g _ q. p and tarmac area at an existing airport on 192 acres in the R-400 Zoning District. i Status. New AppNication Action. Completeness Attachments* Staff Report ,,-,Project Duffy Standard Subdivision SCTM#: 1000-111 11 2 61 Location- 33OWunneweta Road, Cutcho ue Description: This proposal is for a Standard Subdivision of a 3.02 acre parcel into two lots, where Lot 1 is 1.69 acres and Lot 2 is 1.33 acres, located in the R- 40 Zoning District. j Status' Preliminary Plat Approval l Action; Review for Final Plat Determination Attachments: Staff Report Project Name: Orient Point Conservation Subdivision SCTM#: 1000-14-2-29.2 (Pappas) Location; 32357 Old Main Street, Orient Description. j This proposal is for a 75/75 clustered conservation subdivision of 36.13 j acres, currently comprised of six parcels, SCTM#1000-14-2-29.2, SCTM#1000-14-2-29.3, SCTM#1000-14-2-29.2, SCTM#1000-19-2-2, SCTM#1000-19-2-3 and SCTM#1000-19-2-12.2 into 6 residential lots i ranging in size from .91 acres to 1.83 acres and a 22.54 acre lot and a 2.188 acre area from which development rights are proposed to be sold to the Town of Southold, in the R-80 and R-40 Zoning Districts. Status: Pending Action. Completeness Attachments: Staff Report Southold Planning Department Staff Report Site Plan Application Work Session — Review proposed Pickle Ball Court Date November 4, 2019 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size Pickle Ball Court III: Analysis 1. Request from the applicant: Construct a 1,710sf pickle ball court next to the approved tennis court and slightly shift the adjacent parking area, 40 sf less than the approved parking area, same number of parking spaces. 2. Consistency with approved siteplan: • Playing courts are technically allowed in "open space", so the pickle-ball court as a use is allowed. • Consistency with the SEQRA Findings' mitigation for removing wildlife habitat. We need to ask the question, "how much of the natural grass area is being removed because of the new court?" o The Pickle Ball court takes up about 0.6% of what was formerly going to be that grass area, and so can be considered a de- minimus change to the site with no effect on the mitigation that was approved. V: Planning Board items to consider: Consider the addition of the pickle ball court a de-minimus change to the site with no effect on the mitigation that was approved; therefore, approving the addition of the pickle ball court and the small modification to the parking area. I OFFICE LOCATION: x " LING ADDRESS: Town Hall Annex " �� ' o ,�, ,,, P.O. Box 1179 54375 State Route 25 § `, Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.s outholdt ownniy.gov 9UNT1, PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 10, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection for Certificates of Occupancy Units 3 & 4 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 3 & 4 of the above- referenced Residential Site Plan have been completed based on the site inspection made on September 5, 2019. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these two (2) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager Southold Town Planning Board Work Session - September 9 2019 - Page 2 Project Name: The Heritage at Cutcho ue 2015 Harvest ` SCTM# 1000 102 1-33.3 t _ 9 � Pointe Location° 75 Schoolhouse Road, on the n/w corner of Griffing Street and School LL I House Lane approximately 1,079 feet n/o the Main Road, in Cutchogue. _m , .-I'll I'll Description: This Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor i swimming pool, one tennis court, and various other associated site j improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Status: Approved with Conditions w.. ®. Action: ; Request for CO for Units 3 & 4 and Pickle Ball Court Discussion Attachments: Staff Report Project Name: Mazzoni Standard Subdivision SCTM#: 1000-13-2-8.2 ... Location; ! 500 Soundview Drive, approximately 782' to the north of NYS Route 25 V and 256' to the east of Sound._.._ View Drive, Orient. _m _ .. Description, This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 I lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a .97 acre right-of-way, j l 8.58 acres of Open Space and 6 acres of a Conservation Easement i held by the Peconic Land Trust (PLT) located in the R-80 Zoning I District.Statusl � Action� � E Extension oonal ketch Approval Request Attachments: Staff Report Project Name: Tuthill Conservation Subdivision c SCTM#: 1000-17.-4-16, 17. 6 142, 1s 3-30 3„ 18.-6-17.3, 18.-6-18.1 Location ,1505 Rt. 25 21070 Rt. 25, 26975 R11 t. 25 7685 Narrow Rive11 r� 2 11 Rd.„ 8070 Narrow River Rd , Orient ... Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14,2„ 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. _ .... . Status: Fending Action: FEI S Discussion _ Attachments: None Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date September 9, 2019 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size B unit #4, D unit #3 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on September 5, 2019: Request for CO's on: B unit#4 and D unit #3; • Sidewalk constructed at minimum width; c:) Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane Phase 1 (units 82 & 123) and just past the clubhouse on Millstone Lane; o No crosswalks have been striped in the locations shown on the approved plan; • Both termination points are secured by gates, • Staging area for construction parking provided beyond the gates off Harvest Pointe Lane location; • Street trees planted as approved from the front entrance to the termination of Harvest Point Lane and Millstone Lane; • Units 3 & 4: street trees & foundation plantings completed; I 2. Consistency with Amended Conditions: Condition # 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: (2) units #3&4, Constructed as approved; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted September 5, 2019, for (2) units #3 & 4 Sidewalk constructed at minimum width; o Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane Phase 1 (units 82 & 123) and just past the clubhouse on Millstone Lane; o Both termination points will be secured by gates, the Harvest Pointe Lane location is to be the construction parking and staging area (see photos); Street trees planted as approved along Millstone Lane; 33 — Exterior Lighting: Staff: Unit lighting: the two (2) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan V: Planning Board items to consider: Support the issuance of a Certificate of Occupancy (CO) for units #3 & 4,. aAbF January 30, 2020 o.JfEfN ",� �r� t e,v � , �it1 Mr. Brian Cummings Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: Harvest Pointe at Cutchogue aka The Heritage- Unit's 64 through 69 rear ground cover Dear Brian, Please be advised that the hydro seeding, as per the approved site plan dated September 26 2017, will be completed to establish ground cover in the rear yards of Unit's 64 through 69 by April 15th of this coming growing season. If you have any questions or concerns please do not hesitate to contact me. Thank you in advance. kj 11 C hogue ,S`ubinissioli Without a Cover Letter Subs _,. Sender- u �� -�oxve � A��9ann°�un;. Board� -. Subject: SCTM#: 1000 - Date: 01, 15 Comments: OFFICE LOCATION: MAILING DRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 � � " �;,,, Southold, NY 11971 (cor. Main Rd. &Youngs Ave_) Southold, NY Telephone: 631 765-1938 www.southoldtowiniy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 16, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection for Certificates of Occupancy Units 9 through 12 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 9 — 12 of the above- referenced Residential Site Plan have been completed based on submitted materials and the site inspection made on July 12, 2019. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these four (4) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager OFFICE LOCATION: z ILI S : Town Hall AnnexeSON P.O. Box 1179 54375 State Route 25 ( AN� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) a Telephone: 631 765-1938 Southold, NY www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 16, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Approved Residential Site Plan The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: The Planning Board has found that the requirements for the Clubhouse Pool of the above-referenced Residential Site Plan have been completed based on their letter dated July 3, 2019. Furthermore, the Board has no objection to the addition of the pergola as shown on the as built site plan dated November 2017 and last revised May 14, 2019; and the Board supports the issuance of a Certificate of Occupancy. This letter does not condone any other changes from the approved Site Plan and approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Respectfullyr llr��L)DIJ Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager Southold Town Planning Board Work Session — July 8 2019 — Page 2 4 Project Name: C Strong's Storage Buildings j SCTM#: j 1000 106-6-13.4 Descri tion: This site Ian is for the ro osed constructs Location: 3430 Mill Road, Mattituck � 'p p p p on of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there is 69,245 sq. ft. of existing boatyard buildings _ _ . y Status Pending Action: Update _ . . Attachments: Staff Report 11_ a Project Name: The Heritage at Cutchogue 2015 (Harvest SCTM#: 1000-1 11 02-1-33.3 Pointe) r Location: 5 11 Sch oolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutcho+gue. Description: attached dwelling, with a � Residential Site Plan is for development of 124 detached and 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site _ _ _ improvements, on a vacant 46.17 acre parcel in the Hamlet Density (HD) Zoning",District. ,... Status ; Approved with Conditions � Attachments: None' i n s ectiooffan n are a. p p -n frbu er in Ph se 2 clea I Project name: ( Colton Acres Standard Subdivision SCTM# 1 1000-38.-1.-1 8 I'Loca I tion: 275 s �+ ..... Description, This standard subdivision ubdi i �onproposestosubdivide _. r 4.24 acres into three 11.2-acre lots in the R-40 Zoning District. This parcel is located +/- 275' west of Gillette Drive in East Marion. Status Conditional Sketch Plan Action Preliminary Plat Completeness Attachments: Staff Report Project name: 260 Hortons Lane Resubdivision . SCTM# ; 1000-61.-1-3.1 Location. 260 Hortons Lane, Southold Description: This resubdivision proposes to transfer 0.07 acres (3,240 sq. ft.) from SCTM#1000-61.-1-9.3 to SCTM#1000-61.-1-3.1. As a result of this resubdivision, Lot 9.3 will decrease in size from 2.53 acres to 2.46 acres and Lot 3.1 will increase in size frorn 0.48 acres to 0,55 acres in the HB Zoning District Status; — 1 Pending _. j Action: Review for Final Determination Attachments. Staff Report From: Cummings, Brian A. Sent: Monday, July 08, 2019 2:43 PM To: Michaelis, Jessica Subject: FW: Harvest Pointe - items for the planning board to inspect R-F _E[VIE' D �ti y r r -----Ori nal Message m S , From: HenryAlia ma�lto:teamaha65@gmail.com] �lanaw r�u2 Board Sent: Monday,July 8, 2019 2:07 PM To: Cummings, Brian A. Cc: Lanza, Heather Subject: Harvest Pointe -items for the planning board to inspect Good afternoon Brian, I see we are on the work session for this afternoon to set up an inspection for the Phase 2 buffer behind unit's 117 through 122. Can we add the inspection of the D model as well? Unfortunately, I will not be able to attend this afternoon due to a previous appointment. If you can let me know the day and time later today or tomorrow that would be appreciated. Also, I will need you to do a c of o inspection on Unit's 9 through 12 now that the landscaping has been completed. Please let me know when you're available. Thank you as always. Regards, Henry ATTENTION: This email came from an external source. Do not open attachments or click on links from unknwvn senders or unexpected Bails. 1 OFFICE LOCATION: r ° MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 � �� ww Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY ` Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 3, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Approved Residential Site Plan The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: The Planning Board has found that the requirements for the Clubhouse Pool of above- referenced Residential Site Plan have been completed based on the site inspection made July 1, 2019. The pool is now in general conformance with the Approved plan dated September 26, 2017, and the Planning Board supports the issuance of a Certificate of Occupancy. This letter does not condone any other changes from the approved Site Plan and approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager Submission ff/ithout a Cover Letter 5W RECEIVE-Q Sendcr- 21, 2,019 aC:aa i 1'6 fa"'f;o-w--T i Nanin i IBoa rd S ubj ect: W-t- SCTM#: 1000 - 10a.- Date: Comments: WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 20, 2019 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session — Advice from Town Attorney 4:00 p.m. Applications .. _. on Subdivision . SCTM# 3 30 3 18 61 7.3 6s1 62 18 f Pro ect Name: Tuthill Conservati 4 -18 1 1 Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Description: This proposal is for Orient � �ationSubdivision of four parcels Narrow River Rd , O 1 ran 80/60 Conservation � 1 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- u 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. _ Status: Pending „e Action:, . _Status--:--- Review the OPRHP Recommendations � Attachments: Staff Report _ �... . Pro ect Na Methodist Church SCTM# 1000 63-1-15 1 me North Fork United Meth _ ®� Location: 43960 CR 48, Southold Description: This Site Plan is for the proposed construction of a 7,640 sq. ft. place of worship and 42 parking stalls including 4 ADA on 2.45 acres in the .. i Limited Business District. Zoning Status: Pending _. . . ... Action: i Review for CO I Attachments Staff Report. j Project Name: The Heritage at Cutchogue 2015 (Harvest SCTM# 1000-102-1-33.3 _... Pointed Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School Description This proposedRes feet he Main Road, in Cutcho ue. id ntial Site Plan is development of 124 detached p _ pe p Lane, and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site r improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Status: Approved with Conditions Action: Review Northern Long Eared Bat Report, Phase 2 B-Units Attachments: Staff Report From: Lanza, Heather Sent: Tuesday, May 14, 2019 10:36 AM To: Michaelis, Jessica Subject: FW: Harvest Pointe (aka The Heritage) NLEB Survey Repo rt_2017-05-12.pdf Attachments: NLEB Survey Repo rt_2017-05-12.pdf,ATT00001.txt g (both the attachment and the email) RECEIVED..... ...,. For incomtn mail . -----Original Message----- . From. Henry Aha [mailto.teamaha65@gmail.com] Sent: Monday, May 13, 2019 7:15 PM Plairnn hig Board To: Lanza, Heather <heather.lanza@town.southold.ny.us> � � Subject: Hai-vest Pointe (aka The Heritage) NLEB Survey Report_2017-05-12.pdf Hi Heather, I hope all is well. Due to the findings and conclusion of the attached survey report please confirm that any timeline for tree clearing no longer exists for Phase 2 or any future phases. Thank you in advance. Regards, Henry ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 //a W NELSON, POPE 6 VOORHIS, LLC ENVIRONMENTAL PLANNING CONSULTING vvvv v.nelsonpopevoorrlis.com Northern Long Eared Bat Roost Investigation HERITAGE AT CUTCHOGUE NP&V Job No 00026 Prepared for.: Town of Southold Planning Board Town Hall Annex Building 54375 Route 25 P.O.Box 1179 Southold, Prepared by: Nelson, Pope&Voorhis,LLC Environmental Planning Consulting 572 Walt Whitman Road Melville,New York 11747 Contact: Charles J. Voorhis,CEP,AICP Date: May 12,2017 1.0 Summary A site visit was conducted by Nelson, Pope & Voorhis, LLC (NP&V) on May 4, 2017 to detect potential signs of Northern Long-Eared Bat (NLEB) roosting and identify potential roost trees outside of the natural buffer area. The site reconnaissance was completed by Hannah Emouna, Environmental Scientist of NP&V, a restoration ecologist with education,training and experience in wildlife assessments including habitat for NLEB,under supervision of Charles J.Voorhis,CEP. AICP, Managing Partner of NP&V. Please see Attachment A for qualifications of the firm and individuals involved in this habitat assessment. Upon inspection, it was determined that no suitable roost trees were located on the property and no signs of NLEB presence were observed. 2.0 Northern Long-Eared Bat Roost Habitat The NLEB is listed both federally and within New York State as a threatened species. Per the United States Fish and Wildlife Service(USFWS)potentially suitable roost habitat for NLEB may include live trees and/or snags with a Diameter Breast Height (DBH) greater than or equal to 3 inches. Suitable roost tress will have cavities, crevices, exfoliating bark, and/or cracks, and individual trees are within 1,000 feet(305 m)of forested habitat. Trees that receive sunlight during the day,typically found in the supra-canopy and along the edge of a patch,have a higher potential to provide suitable roost sites than trees located towards the interior of the forest. CORPORATE OFFICE HUOSON VALLEY OFFICE 572 WALT WHITMAN ROAD, MELVILLE, NY 1 1747-21 SS 156 Route 59,Suite C6, SUFFERN,NY 10901 PHONE:(631)427-5665 • FAX:(631)427-5620 PHONE:(645)368-1 472 • FAX:(645)366-1 572 Heritage at Cutchogue Northern Long Eared Bat Roost Investigation 3.0 Project Site investigation The site boundaries were easily identified using aerial photographs,field survey information,fence lines and adjoining development and/or farmed properties. The site was randomly traversed on May 4, 2017 using the aerial photograph and GPS? to guide the reconnaissance for complete coverage of the property. The majority of the 45.9 acres site was determined to be successional shrubland. Successional shrubland is defined by Ecological Communities of New York State (Edinger, et al,2014) as: a shrubland that occurs on sites that have been cleared(for farming, logging, development, etc) or otherwise disturbed. This community has at least 50%cover of shrubs. Characteristic shrubs include gray dogwood (Corpus racemosa), eastern red cedar (Juniperus virginiana), raspberries (Rubus spp), serviceberries (Amelanchier spp), choke-cherry (Prunus virginiana), wild plum (Prunus americana), sumac (Rhus glabra, R. typhina), nanny-berry (Viburnum lentago), and arrowwood (Viburnum dentatum var. lucidum). Non-native invasive shrubs include hawthornes (Crataegus spp), multiflora rose (Rosa multiflora), Russian and autumn olive (Elaeagnus angustifolia, E. umbellata), buckthorns (Rhamnus cathartica, Frangula alnus), and shubby honeysuckles (Lonicera tatarica, L. morrowii, L. maacckii). Characteristic birds with varying abundance include gray catbird (Dumetella caroliniensis), brown thrasher (Toxostoma rufum), blue-winged warbler (Vermivora pines), golden-winged warbler (V. chrysotera), chestnut-sided warbler (Dendroica pensylvanica), yellow-breasted chat (Icteria vixens), eastern towhee (Pipilo erythrophthalmus),field sparrow (Spizella pusilla), song sparrow (Melospiza melodia), and indigo bunting(Passerina cyanea) (Levine 1998)." Successional shrubland traditionally evolves from successional old field through natural processes. Previous site visits conducted in 1988, 2007 and 2008 documented the transition of successional old field to successional shrubland. The dominant shrub found on the property is eastern red cedar (Juniperus virginiana), while autumn olive (Elaeagnus umbellata), Multiflora rose (rosa multiflora)and poison ivy(Toxicodendron radicans)were also observed. Transitional tree species including quaking aspen(Populus tremuloides)and white birch (Betula papyrifera)were found in small stands throughout the property. The invasive sycamore maple (Ater pseudoplatanus) is found throughout the northwest corner of the property. Given the relatively young age, small DBH and smooth bark of the tree species located on site, it was determined the there are no suitable roost trees present towards the interior of the property. A relatively small,f2.38 acre,portion of the southeast portion of the property is best described as successional Northern hardwood forest. Edinger et al describes this habitat type as: a hardwood or mixed forest that occurs on sites that have been cleared or otherwise disturbed. Characteristic trees and shrubs include any of the following: quaking aspenn (Populus tremuloides), big-tooth aspenn (P. grandidentata), balsam poplarn (P. balsamifera),paper birchn (Betula papyrifera), gray birchn (B.populifolia),pin cherry (Prunus pensylvanica), black cherry (P. serotina), red maple (Ater rubrum), white pine (Pinus strobus), with lesser amounts of white ash (Fraxinus americana), green ash (F.pennsylvanica), and American elm (Ulmus americana). White pine dominated examples are known from upstate New York(e.g., Saratoga County). This is a broadly defined community,and several seral and regional variants are known. Characteristic birds with varying abundance include chestnut-sided warbler(Dendroica pensylvanica),Nashville warbler (Vermivora ruficapilla) in young forests with aspen and birch seedlings, and yellow- bellied sapsucker (Sphyrapicus varius) in mature aspen forests. �w Page 2 of 4 Heritage at Cutchogue Northern Long Eared Bat Roost Investigation Species observed in this portion of the property include black cherry (Prunus serotina),Norway maple (Acer platinoides), white pine (Prunus strobus), and black locust(Robina pseudo-acacia). The area features an extensive understory composed of multiflora rose,greenbriar(Smilax glauca), poison ivy, garlic mustard (Alliaria petiolata) and various other herbaceous species. Due to the thick canopy,heavy understory growth and absence of suitable crevices or snags,none of the trees in this area were determined to be suitable habitat for NLEB roost. 5.0 Conclusion A site visit was conducted on May 4, 2017 to detect potential signs of Northern Long-Eared Bat roosting and identify potential roost trees on the subject site. Upon inspection, it was determined that no suitable roost trees were located on the property and no signs of NLEB presence were observed. The majority of the site consists of successional shrubland and as such offers no suitable roost trees or habitat as expected for this type of habitat and as observed in the field. A small part of the southeast corner of the property can best be categorized as successional northern hardwood forest. Due to the thick canopy,heavy understory growth and absence of suitable crevices or snags none of the trees in this area were determined to be suitable habitat for NLEB roost. Page 3 of 4 1 Heritage at Cutchogue Northern Long Eared Bat Roost Investigation Attachment A Qualifications Page 4 of 4 NELSON, POPE & VOORHIS, LLC UALIFICATIONS STATEMENT WILDLIFE ASSESSMENTS II II IN I i Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville,New York 11747 Phone: (631) 427-5665 Fax: (631) 427-5620 Email: npv@nelsonpopevoorhis.com www.nelsonpopevoorhis.com ° sn0-Pmnnmnzo1r f ) 'am Nelson, Pope&Voorhis, LLC(NP&V) ban environmental planning firm,founded in1997 and brings a wealth of | experience and expertise to complex planning,zoning and environmental analyses, and resource assessment and management. VVe have office locations in Melville and Suffern, NY. NP8kV consists of three divisions, created to better serve clients with high quality, innovative and responsive consulting services. The three divisions are: • The Environmental Resource and Wetland Division prepares wetland delineations and evaluations, StormxxaterPoUution Prevention Plans (SVVPPPs)' conducts stormwater modeling and green infrastructure planning and implementation, ecological analyses, and other scientific studies, and landscape restoration. This division assists clients with permitting and SEQRApnocexxes. • The Environmental and Community Planning Division prepares comprehensive plans, comprehensive or strategic zoning amendments, long-term focused planning studies, corridor redevelopment studies, and brownfie|d plans. The group is effective in the use of geographic information systems (G|S) mapping to evaluate issues and present baseline data. Effective community outreach strategies are developed and tailored for each project and the community in which the project is taking place. The group represents a number of planning boards in the Hudson Valley and Long Island regions. • The Phase |/U ESA and 0emned|ation Division prepares Phase |/|| Environmental Site Assessments and conducts soil and groundwater sampling services, lead based paint asbestos, radon, and mold inspection services,and environmental sampling.The division evaluates the implications of past contamination on future land uses. With significant experience in long range planning,NP&V believes in planning before action and applies recognized planning methodologies to prepare creative action oriented strategies for our clients. NP&V's staff have the ' diverse capabilities to perform the following tasks: Ecological @i Wetlands: Wetlands Wetland Permits, Wetland Delineation, Feasibility Studies, Permit Plans, Res10 ratio n/yNitigation Plans, Ecol2gic@1 Studies Wildlife Surveys Endangered Species Surveys, Pond Management Plans, Invasive Species Control, Natural Resource Surveys, Aquatic Species Habitat Management, Coastal & Waterfront Mignygement Waterfront Management Plans, Waterfront Certifications,Coastal Erosion Hazard Area&FEMA Compliance,Shoreline Restoration&Improvement Plans, LEED Projects, Landscape Plans, Low Impact Development, Environmental Education&1:ignage Educational Outreach, Interpretive SiBno8e... Environmental Analysis: SECIRA Services Environmental Impact Statements (E|3), Environmental Assessment Forms (EAF), SEDRA Administration, Municipal 6E[lRA Review Services, GE|S @k Regional Impact Analysis, Noise Monitoring Q' Assessment, Air Impact Analysis, Visual Assessment, Cultural Resources Assessments, NYC CEQR Analysis Environmental Assessments, ULURP, Waterfront Certifications,Lcientific Studies Watershed Management Plans,Water Supply Studies,Groundwater& Water Quality Studies Nitrogen Load/TW1DL Evaluation ... Environmental Audits: Phase I ESA & Due Diliggencg Investigations Phase || ESA, Groundwater | Sampling, Soil Gas Surveys, Monitoring Wells & Peizometers, Tank Sampling, soQ'monnmozo1r Page Pesticide Sampling & Plans, Soil Management Plans, Remediation Brownfields/Voluntary Cleanup Plans, RCRA Closures,Superfund Sites,Samipling Services Asbestos Surveys,Influent/Effluent Sampling, Lead Based Paint Surveys, Mold Sampling, Soil Borings & Classifications,Subsurface Investigations,& Ground Penetrating Radar (GPR), Pipe Camera, Magnetometer, Groundwater Mounding Studies, Flow Studies — Planning Services: Munic12al Planning Municipal Review Services, Planning & Zoning Analysis, Build Out Analysis,G|SAnalysis, Code Preparation & Review, Downtown Revitalization, Regional Planning& Land Use Plans, Recreation Planning, LVVRP & Harbor Management Plans, Implementation & Action Plans, Demographic Analysis, Grant Writing&Administration, Public Outreach & Community Surveys, Community Visioning, Economic Planning Comprehensive Economic Development Plans, Business Retention & Expansion Strategies, Downtown Revitalization, Demographic Studies, Institutional Planning District Mapping,Spatial Analysis of Call Database, Needs Assessment,Demographic Analysis, SEQRA Administration ... Economic & Market Analysis: Fiscal Impact Analysis, Economic Impact Analysis, |K4PLAN and R|K43 || Economic Impact Modeling, School District/Community Service Impact Analysis, Market Studies, Feasibility Studies, Niche Market Analysis, Demographic Studies, Sales Tax Impact Analysis, Tax Base Analysis, Leakage Analysis, Municipal Economic Planning Comprehensive Economic Development Plans, Business Retention & Expansion Strategies, Downtown Revitalization, Demographic Studies, Funding,Financing&Tax Incentive Assistaftce IDA Financing Assistance,Cost—Benefit Analysis... Stormwater Management:Construction,Permit Com2liancgISWPPP 5tmrmxxaterPo||ution Prevention Plans (SVVPPP), Erosion & Sediment Control Plans, Construction PhasinB & Related Services, NYSOEC "Qualified Inspectors" for Construction Field Monitoring, Municipal Stormwater Planning , Compliance Stormxvater Management Programs, NYSDEC Annual Reports, 3VV9PP Review, Construction Stormwater Field Monitoring,Outfall&Infrastructure Inventory,GIS Mapping&Analysis, StorrnWgtqLBMPs StormxvaterManoQement Planning, Low Impact Design, LEED Site Planning... soQ-pmnnmuzo1r Page r r`,Iplilt'"11f7)16,t I II,J Icp (2a el,I(i c k,N% ,01�,�o,fo,s �� Page 4 � At NP&V our primary focus is to provide quality consulting services that meet the needs and goals of our clients while respecting the parameters of environmental realities. We pride ourselves on being extremely response to each client's requests. Our employees are recognized as experts and include Certified Planners, an Economist, Grants Specialist,G|SProfessional, Ecologists, Hydrologists, and Certified Environmental Professionals.VVe use an intuitive approach,utilizing the skills and experience of the staff most appropriate for the specific project. To this end, even/ client works with a partner-level professional from project start to finish. 8ios for NP&V key wildlife personnel are highlighted below and detailed resumes can be provided upon request. Charles J. Voorhis, CEP, AICP Managing Partner Long Island Office NP&V is managed by founder Charles J. Voorhis, CEP, A|CP, who has 35 years of diverse planning and environmental problem solving experience. Mr.Voorhis has managed municipal projects including regional and local planning studies,wetlands and shoreline restoration, environmental impact statements, permit compliance and environmental analysis. He served in the position of Director of Environmental Protection of the Town of Brookhaven, and supervised the environmental implementation of the Town of Brookhaven Comprehensive Plan Update. As a private consultant for the past 28 years, Mr. Voorhis has managed environmental planning and analysis of large scale planning and development projects throughout Nassau and Suffolk Counties. Recent projects include stormwater management studies on the north and south shores for the Town of Brookhaven and Town of Islip, completion of the Water Supply Management & Watershed Protection Strategy for the Town of Southold, completion of the Suffolk County North Shore Embayment's Watershed Management Plan, and completion of the Lake Agawam Comprehensive Management Plan, as well as numerous environmental impact statements,wetland and shoreline feasibility analyses and management plans. Mr.Voorhis is the environmental consultant to the Southampton ZBA and Sag Harbor Harbor Committee, delineates all wetlands on sites, and oversees wetland and coastal applications for these villages. Hannah Emouna Environmental Scientist Hannah Emouna holds Master's Degree in Biology with a concentration in Applied Eco|ogy, an Advanced Graduate Certificate in Geospatial Science and a Bachelor's Degree in Wildlife Science. Her extensive training in geospatial science includes the use of remote sensing programs and QS mapping across multiple platforms. Ms. Emouna is trained to perform environmental monitoring and assessment of both wildlife and plant populations. She regularly performs environmental monitoring that includes habitat composition, analysis, and delineation, ecological modeling and field assessments and for a variety of terrestrial and marine habitats. She holds aNYSDEC Endangered/Threatened Species: Scientific license which authorizes the collection and release of select endangered and threatened species within multiple counties across New York State. Ms. Emouna serves as a point of contact for NP&V and oversees wetland permit applications with the NYSDEC,Army Corps of Engineers(ACOE),NYS Department of State(DOS),and Towns and Villages for several projects across Long Island. Page U], I, l ^Yfk S 1� I � u I i SS4 °4A P^ '�iV il�u�i ,d614u'',iiii iP,V4tl IIPI uu, I��' mi I I IIII Insight / Commitment / Results Page 8 ° Wz'ldlqe NP&V has two ecologists on staff, and has conducted numerous ecological site investigations to assess habitat conditions, rare plant investigations, breeding bird surveys, mapped barriers to fish passage, performed shoreline and Stmrnlxvoterinventories, as well as developed signage and brochures to educate the public about their surrounding natural resources. brings resources and experience to coastal management and marine resource planning. Our expertise ranges from the preparation of large scale watershed and harbor management plans to site specific design of shoreline restoration projects. Our coastal services also include biological monitoring; erosion control/shore protection; regulatory analysis and agency coordination; and harbor and marina planning and design. • Ecological Studios &VVi|d|ife Surveys = Educational Outreach • Endangered Species Surveys e InterpnaUveSignage • Pond Management Plans • Invasive Species Control ° Natural Resources Inventories o RaingardenDmsign • Aquatic Species Habitat Management @ 8ioinfi|trationBaain ' * LEEQProjoc±s * Landscape Plans * Low Impact Design Page I�,/� I�,��,ill rJ/I ff 71r J��,ff fJ!II,f Vtd e�^.,✓�� pl' �>�f�.��lJJl ill f�f�i,,;Z�f r,,, �,�l r�1,,�,.�f��JJ!Il,�l% NP&V, utilizing staff ecologists, performed avian surveys along the eastern y`! i°'illlpq runway at the former Naval Weapons Industrial Reserve Plant (NWIRP) located in CaIv rton NY. Avian surveys were performed during breeding season utilizing methodology recommended by the NYSDEC in order to provide a comprehensive inventory of avian species utilizing the grasslands along the runway as potential breeding grounds. Additionally, winter ,f observations were collected in order to provide a comprehensive inventory of species utilizing the site. Several rare, threatened and endangered species were encountered within the former NWIRP site including grasshopper sparrows, vesper sparrows, whip-poor-wills, short eared owls, ' northern harriers,and Eastern meadowlarks. NP&V also surveyed a ±300 acre portion of the NWIRP to characterize the existing habitats exhibited at the property. Multi-season site inspections were performed to collect data for vegetation and wildlife species and their associated densities in order to provide a habitat characterization for the study area, as defined by Edinger (2002). Habitats identified on-site included pitch pine-oak forest, pitch pine-heath barrens, successional pine barrens grassland, conifer plantation and freshwater wetlands. i nnnnnnnnnnnnnnnnnnm 00000nnnnnnnnuuIt it �e�r ,rpv..i,�� NP&V performed invasive species identification and mapping and prepared an invasive species management plan for the Hempstead Plain Preserve, located to the southeast of Nassau Community College. The p an included g existing conditions, identification and quantification of the existing native and invasive plant species on the site,the extent of the site where invasive species have infiltrated and the development of a management plan to eliminate and/or restrict the expansion of invasive species. . .. . . . . . .. NP&V performed a natural resources inventory for the remnant Hempstead Plains, located to the southeast of Nassau Community College. The project, ' included inventorying existing conditions, identification of the existing native and invasive plant species on the site, and consultation with NY Natural Heritage program. Presence/absence surveys were conducted for multiple species (avian, insects and plants) noted in NYNHP correspondence. ��, W. �_ Page 10 ° I NP&V was retained by the Town of Southampton Trustees to provide on environmental inventory and assessment for a 53 acne parcel of land located on the north side of Cold Spring Pond. The environmental assessment included an ecological inventory of flora and fauna located on the parcel,identification of natural communities that comprise the site,and identification of the presence or absence of rare,threatened orendangered species identified by the New York Natural Heritage Program as being located in proximity tothe parcel. The assessment included identification and mapping of invasive species on the site. Conceptual trail design was provided for consideration of future development ofo passive park. NP&V is proud to have recently welcomed Rusty Schmidt , landscape ecologist to our staff. Mr. Schmidt has 20yeao experience in ecological ' design for yards, campus and parks with an emphasis in solving water issues on the property. Mr. Schmidt is a nationally known rainwater garden specialist who has created specialized landscapes for the small - garden in a home to large scale campus designs to resolve water issues ` with multiple projects working together for an entire complex,mall church or university. 8ioretention or 8ioinfi|tnodon Basins are gardens strategically placed to ~ catch rainwater from downspouts,sidewalks,driveways, roads,or parking lots. Many beautiful plants thrive in bloretention (raingardens)and can be ' used to enhance your yard, property, or landscape. These strategically placed gardens soak up rain where it falls, mimicking nature. They reduce rainwater runoff, erosion and remove pollutants such as Nitrogen and Phosphorous. Ruingardens create attractive landscapes that raise the value ofthe property, provide outdoor recreation, habitat for pollinators and wildlife,and decrease the maintenance needs ofuproperty. NP&V has the experience to design these gardens and locating them to have the largest potential impact. As society's understanding and enforceable and mandated sustainabiUty requirements for infrastructure projects continue, the potential environmental and social impacts of both large and snna|| infrastructure projects has grown. NP&V has worked diligently to integrate the latest technologies and concepts into our projects like bioretention. These concepts, such as sustainable design, low-impact development, smart growth, and Breen infrastructure are not pursued simply as eco-friendlyadd'ons to an existing project. They are considered at the beginning of the design process and are seamlessly and almost invisibly integrated into the final product. AOW naue1z ` NP&V has inventoried and assessed potential barriers tofish passage os part a study funded by the NYS Department ofState and South Shone Estuary Reserve (S3ER) through the Protection P �ection Fund. |n an effort to restore the historic habitats mfdiadnomous fish (such aa alewife,American eel and sea-run trout) in the tributaries of Great South Bay,the project goal was to inventory stream crossings and barriers such as dams to develop a prioritization strategy for the removal or modification of structures which inhibitfishpassage to their spawning grounds. Stream assessments (e.8. crossing & dam location/size, in-stream and riparian habitat assessments)and related information(e.8.watershed land use, barrier owner information) were incorporated into a G|S database to aid this prioritization assessment. The fish barrier database can now be easily expanded tm include inventories of additional streams within the region, as well as to track the progress of habitat restoration initiatives, including dam removals and installation of fish ladders. Streams evaluated include: Car||'s River, Brown's River,Swan River, Mud Creek, Beaver Dam Creek and the Carman's River. Additionally, NP&Vprepared a Watershed Management Plan for Beaver Dam Creek. NP&V prepared an Expanded Environmental Assessment Form regards toa Local Law amending Chapter 8D & 86with respect to vehicles and parking of vehicles ona local beach in the Village of Southampton. NP&V contacted the New York State Natural Heritage Program to determine the presence of ' any rare, threatened or endangered species at or near the project site. Five endangered and/or threatened species were identified by NYNHP, and therefore NP&V conducted site surveys to determine if these species were present at the site prior to construction. NP&V performed Tiger Salamander habitat identification and monitoring for a proposed development of an assisted living residence and associated parking which is adjacent to a previously documented potential tiger salamander habitat. A habitat survey was conducted prior to monitoring todetermine potential suitability of the project site. nage1z d�t llJ,/I`it ew"",;irr ll,?�'1 i� t of Q ,l�if 1/��111„��'I n�%I J.0 i" ' 'u�,n�t. I' r Charles J. Voorhis, AICP, CEP NELSON, POPE VooRHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Title Professional Experience Managing Partner of Firm, Nelson, Charles Voorhis is a professional planner (AICP) and a certified Pope & Voorhis, LLC; Melville, New environmental professional (CEP) with both private sector and public York sector experience. Mr. Voorhis has managed municipal projects including regional and local planning studies, wetlands and shoreline restoration, Education&Training environmental impact statements, permit compliance and environmental • analysis. Charles Voorhis has over 35 years of professional environmental SUNY at Stony Brook;Master of planning experience, including the position of Director of Environmental Science Environmental Engineering, Protection of the Town of Brookhaven, supervising the environmental concentration in Water Resource implementation of the Town of Brookhaven Comprehensive Plan Update Management,1984 and secured grants under the Local Waterfront Revitalization Program. As • Princeton Associates;Groundwater a private consultant for over 23 years, Mr. Voorhis has managed Pollution and Hydrology Short environmental planning and analysis of large scale planning and Course, Princeton,New Jersey,1983 development projects throughout Nassau and Suffolk Counties. Recent r New York State Health Department, projects include a study to eradicate aquatic invasive/nuisance species in Environmental Health Training upper and lower Canaan Lakes,Yaphank, stormwater management studies Course,Hauppauge,New York,1982 on the north and south shores for the Town of Brookhaven and Town of • Southampton College of Long Island Islip, completion of the Water Supply Management & Watershed University; Bachelor of Science in Protection Strategy for the Town of Southold, completion of the Suffolk Environmental Geology,1977 County North Shore Embayments Watershed Management Plan, and completion of the Lake Agawam Comprehensive Management Plan,as well Professional Affiliations, as numerous environmental impact statements, wetland and shoreline Certifications&Training feasibility analyses and management plans. • American Planning Association, Washington,D.C. Project Experience . National Association of Environmental a Great Cove Watershed Management Plan,2011 Professionals,Alexandria,VA a Town of Southold Comprehensive Plan Update, Economic Chapter,2010 • Environmental Assessment Association, ■ Beaver Dam Creek Watershed Management Plan,2009 Scottsdale,Arizona Lake Agawam Comprehensive Management Plan,2009 ■ American Water Resources Association, • Southold TDR Planning Report and GEIS,2008 Syracuse,New York ■ The Residences at North Hills,DEIS and FEIS,2005-o6 • New York Water Pollution Control Town of Southold Comprehensive Implementation Strategy,2003 Association,Riverdale,NY ■ Southampton Agricultural Opportunities Subdivision,DEIS,FEIS and • Water Pollution Control Federation, Findings,2001 Washington,D.C. Old Orchard Woods,DEIS and FEIS,2000 • Long Island Seaport&EcoCenter,Inc., Town of Smithtown Armory Park,DEIS,2000 Director,Port Jefferson,NY Town of Southold Water Supply Management&Water Protection . Boy Scouts of America,Trained Strategy,2000 Scoutmaster,Nathanial Woodhull District, A Knightsbridge Gardens, DEIS and FEIS,1997 • Historical Society of Port Jefferson, w Camelot Village @a Huntington,DEIS,1997 Trustee,Port Jefferson,NY . Airport International Plaza,DEIS and FEIS,1996 • Environmental Conservation Board, ■ Price Club @a New Rochelle, DEIS and FEIS,1995 Village of Port Jefferson,NY Commack Campus Park @a Commack DEIS and FEIS 1994 • Port Jefferson Village,Waterfront �a` Water Mill Shops Water Mill DEIS, Advisory Committee,Port Jefferson,NY Town of Brookhaven Mount Sinai Harbor•' Town of Brookhaven Land Use Plan,1987 Advisory Committee,Medford,NY 0' Brookhaven Conservation Advisory Council,Medford,NY kkt Hannah Emouna NELSON, POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING Title Professional Experience Environmental Scientist Hannah Emouna holds a Master's Degree in Biology with a concentration in Division of Environmental Wetlands& Applied Ecology,an Advanced Graduate Certificate in Geospatial Science and Resource Assessment a Bachelor's Degree in Wildlife Science. Her extensive training in geospatial science includes the use of remote sensing programs and GIS mapping across Education&Training multiple platforms. Ms. Emouna is trained to perform environmental monitoring and assessment of both wildlife and plant populations. She ■ Bachelor of Science in Wildlife Science, regularly performs environmental monitoring that includes habitat cum l State University New composition, analysis, and delineation, ecological modeling and field York College of Environmental Science assessments and for a variety of terrestrial and marine habitats. She holds a • and Forestry NYSDEC Endangered/Threatened Species: Scientific license which authorizes GeospAdvanced Graduate Certificate in the collection and release of select endangered and threatened species University- -Science,Stony Brook within multiple counties across New York State. Ms. Emouna serves as a University-State of New York point of contact for NP&V and oversees wetland permit applications with the ■ Master of Arts in Biology- NYSDEC Arm Corps of Engineers ACOE NYS Department of State DOS Concentration in Applied Ecology, y p g ( s o (DOS), and Towns and Villages for several projects across Long Island. Stony Brook University-State of New York Relevant Experience • Picnic.Beach EXIDanded EAE..Endangers fThr pecJej As es ent • Professional Affiliations& l�era d,.i'Jai n, ' eredCThreatened Species Assessment Certifications � rr i�r�us �n Suffolk County,NY .��9��rn Bobwhite wail C+�iincls aaaiy for thl. g r )-i Collaborated with members of the r NYSDEC Endangered/Threatened Suffolk County Soil and Water Conservation District to utilized GIS, Species:Scientific License remote sensing,and citizen science combined with the known life history • Long Island Native Plant Initiative characteristics of the species to locate potentially suitable habitat for (LINPI):Active Board Member Northern Bobwhite quail in Suffolk County. Presented recommendations • New York State GIS Association for alternate monitoring of released individuals and located historical (NYSGIS) breeding locations with the potential to support the species. • Long Island GIS Association(LIGIS) threatened Species V1+gnitQr—MB EnYj[,Qjime , IisuIting..incm.,..ire,, • Ecological Society of America(ESA) Island,New York-Determined appropriate Peregrine Falcon nest box • Long Island Native Plant Initiative locations based.Monitored breeding activity of adult falcons.Completed (LINPI), Board Member tri-weekly assessments of chick health and survival.Recorded the daily ® Ecological Society of America,Member activities of breeding adults and offspring including movement,hunting activity,and prey species identification.Assessed the impact of construction activities on nest success and overall bird health.Composed and distributed reports,as well as weekly summaries to multiple departments including the NYSDOT and NYS DEC. Fg le _Researcher..White Sea Riolgical Static y si, _Completed avian species surveys and point counts.Collected,classified,and analyzed marine invertebrates.Classified and analyzed lichen growth rates to determine time of last disturbance. 'Waidlfilhabiii ion Intern_Sweethr' :r Qw ,,NY-- Provided rehabilitative care to various native avian and mammalian species.Assisted in wildlife intake assessments and the creation implementation of care plans.Guided educational group tours. l=i .l�d l sear : r- ran. . rry L. e_RLoI l a r rq La York-Assisted in mist netting,measuring,and collection of blood samples for genetic analysis of the white-throated sparrow as part of an ongoing project run by Indiana State University.Analyzed minnow populations to determined relative abundance and distributions-using seine nets. Participated in a small mammal population surveys. From: Lanza, Heather Sent: Tuesday, May 14, 2019 10:37 AM To: Michaelis,Jessica Subject: FW: Harvest Pointe at Cutchogue - Fwd: NLEB Survey Report_2017-05-12.pdf This email is for the Incoming Mail ' From: Henry Alia [mailtoaeamalia65@gmail.com] � � Sent:Tuesday, May 14, 2019 10:24 AM To: Lanza, Heather<heather.lanza@town.southold.ny.us> _......., .... Subject: Fwd: Harvest Pointe at Cutchogue- Fwd: NLEB Survey Report_2017-05-12.pdf M ( 'fir 4 2,019 FYI - e mail from Chic at NP&Vuti'oi tcr'wn M Vanning Board Sent from my iPhone Begin forwarded message: From: Chic Voorhis<CVoorhis&nelson o e.com> Date: May 14, 2019 at 8:20:43 AM EDT To: Henry Alia <teamalia maiicom> Cc: "sherry@ harvest- ointe.com" <,sherry(Thar'yest-pointe.com>, Raymond Marino <rmarino@nelsonpope.com> Subject: RE: Harvest Pointe at Cutchogue- Fwd: NLEB Survey Report_2017-05-12.pdf Yes, please forward—that's fine. Send my regards. Charles J.Voorhis,CEP,AICP Managing Partner cvoorhis@nelsonpopevoorhis.com NELSON, _POPE&_VOORHIS,_LLC ENVIRONMENTAL • PLANNING • CONSULTING Long Island Office: 572 Walt Whitman Road,Melville, NY 11747 ph: (631)427-5665 ext.2o6 Hudson Valley Office: 156 Route 59,Suite C6,Suffern, NY 10901 ph: (845)365-1472 Visit our websitc: www.nelsonpopevoorhis.com i From: Henry Alia <teamaIia65Qa gmail.corp Sent:Tuesday, May 14, 2019 7:55 AM To: Chic Voorhis<CVoorhis@nelsonp—o e�co_m> t. Cc:,sherr m ; Raymond Marino <rma ncIsonpo e.com>K Subject: Re: Harvest Pointe at Cutchogue- Fwd: NLEB Survey Report_2017-05-12.pdf Thorough as always! I can forward to Heather? Sent from my iPhone On May 14, 2019, at 7:02 AM, Chic Voorhis<CVoorhisPnelsonpope.com>wrote: Henry- I believe we are on solid ground to call the NLEB issue "closed." The FEIS noted the following: The final 4(d) rule further indicates that information for the locations of known, occupied hibernacula and maternity roost trees can be obtained from "state Natural Heritage Inventory databases." Correspondence from the NYNHP, included in the DEIS, indicates that no agency records currently exist for northern long-eared bat hibernacula or roost trees at or in the vicinity of the subject property. Accordingly, pursuant to the final 4 (d) rule, tree removal activities at the subject property associated with the proposed action would likely not result in a prohibited incidental taking of northern long-eared bat.To be certain of this, a wildlife biologist will be deployed on site prior to any tree-clearing to search for any signs of bat roosting or hibernacula. Because a wildlife sweep may not detect the animals' presence, a further step for mitigation will be to avoid all tree removal during the pup season from June 1 through July 31. The site is/was successional growth and is not of the type that would be considered NLEB habitat. Flora substantially consisted of Red Cedar, Gray Birch, Poison Ivy and Mugwort as well as other invasive species. The area has undergone significant disturbance in the relatively recent past. In addition, adjacent construction activities would be expected to curtail the use of the site by NLEB. We contacted the endangered species wildlife specialist at NYSDEC and were informed that as long as everything was done correctly when the project was initiated, no further work is required for the NLEB. NYSDE agreed that based on a description of the vegetation, it is not likely to provide roosting habitat area for NLEB. Based on this,the site did not require an Article 11 "take" permit for NLEB provided clearing occurs prior to June 1 and after July 31 and based upon the prior NYNHP response indicating the absence of the bat as well as the completion of prior inventory and wildlife sweeps. Given this information, a finding that no further work regarding the NLEB is necessary for the site provided the clearing window is observed. Thanks and please call if you have any questions. Sincerely, Chic Charles J.Voorhis,CEP,AICP Managing Partner cvoorhis@nelsonpopevoorhis.com NELSON, POPE &VOORHIS, LLC {0HY)l Irk, 2 OFFICE LOCATION: x MAILING ADDRESS: Town Hall Annex *�f SON, P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY ' Telephone: 631 765-1938 www.southoldtownny.gov Alun PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Chief Building Inspector From: Donald J. Wilcenski, Planning Board Chairman Date: May 10, 2019 Re: Harvest Pointe (The Heritage at Cutchogue) Pursuant to condition #18 in the February 11, 2019 Planning Board resolution, the Board has verified that at least 75% of the units included in Phase 1 have either (a) been issued certificates of occupancy, or (b) are under contract to be sold; therefore, Phase 2 may begin. The following ongoing conditions are required: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse. ii. Harvest Pointe Lane from the entrance to the end of unit 82. iii. All future sections of road where certificates of occupancy have been issued. c. Provide parking and staging areas off the streets for contractor's vehicles, construction vehicles and equipment and materials. d. No clearing in Phase 2 until after a building permit has been issued for the area not yet cleared. Southold Town Planning Board Page 2 May 10, 2019 e. Plantings in the buffer, pursuant to condition #24 b must be completed to the satisfaction of the Planning Board prior to beginning construction of units 117- 122. f. Open areas of land not in active construction must be stabilized with vegetation, to the satisfaction of the Planning Board, as soon as weather permits. Additionally, with regard to architectural models, the Planning Board confirms that for Phase 2 the units beginning with "A" can be interchangeable, so anywhere an "A" unit is shown, it could be replaced by an Al unit instead, at the discretion of the applicant. Should you have any questions, please contact the Planning Department. OFFICE LOCATION: MAILING LING DRESS:. Town Hall Annex OF Sa P.O. Box 1179 54375 State Route 25 " Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY " www.southoldtownny.gov courm � PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 25, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Site Plan Inspection for Certificates of Occupancy Units 5 through 8 and 13 through 18 The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue Dear Mr. Alia: The Planning Board has found that the requirements for Units # 5 — 8 and 13 — 18 of the above-referenced Residential Site Plan have been completed based on submitted materials and the site inspection made on April 15, 2019. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 25, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these ten 10) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. These conditions will continue to be enforced. This letter does not condone any changes from the approved site plan and approvals from other agencies. Please call the Planning Department with any questions. Respectfully, S (-)DZ. Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager -.,►�F i kAL Submission Without a Cover Letter R,-- ESE VED APR 23 20197 1 + 5outhodd Town Sender: t�,^1 Planning Board ' � � Subject: �i 9 V�� po n+C SCTM#: 1000 - Date: k4 a I l I Comments: o pbcAcs o-�- QKd u<6 o)A bayyLcr l sa ��- e_ y � ajJ sa 4' 1 i a _ 4 y 'I�,a� _ gFq��I e. R� � 4 f•f rl ��•� 1.�4 t]x�j I T � �• sir. A � r Y -f � Y a - ; f A 4 j i �l ,r � R - Y + f � � r 1 : g J ^. +. w ti. y e� r .r r - : r _ 1 1 1 J; r i-� v •� � 1 ¢ 1 1 r � " L e i 4 1 1" 1 OFFICE LOCATION• MAILING ADDRESS: Town Hall Annex � !' P.O. Box 1179 54375 State Route 25r ',, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Approved Residential Site Plan The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: The Planning Board has found that the requirements for clubhouse of the above- referenced Residential Site Plan have been completed based on submitted exterior lighting materials and the site inspections made January 7th and January 141h , 2019. The clubhouse is now in general conformance with the Approved plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for the Clubhouse. This letter does not condone any other changes from the approved Site Plan and approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Respectfully, �)aAa Donald J. ilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager ,tauaoliv uMo.L `Xjjn(I •ICI tus!IIEM dDIV ` we-I 'IN aagls0H :(Il-ew-o Sq) oo saansoloug aauDsM -W ugof `sanoX Xlna1 SJ-0A •uorlsaaprsuoo anoX ao; not�Iusq j £Ic a&d `s3ousSanu0D Jo 100£I aagl'I Iu `6 i OZ `OZ .tasnagal uo `xaalD SlunoD jlojjnS aql qi!m papaooaa suns golgm jo lsulDlao aql '6 i OZ 461 Citniga j pa1Ep `uoiluotlddu paouaaojaa-anoge ag1 ioj .suollopisa'H pus slusuanoZ)JO uolluauloaa papuatuV„ panordds-pasog Duluusld agl jo ,tdoo poUp.as s pug assald posoloug •uotisollddu uuld ills paouaaaJaa-anoqu ails ao3 lusoilddu aq1 aoj shuaollu agl aau aM TisuaoliA, uuwllugD anaQ £00'££0-00'10-00'ZOi-0001 ON laaard dsIN xs1,,tluno0 3ilo.I3nS --31aOA maN`PloglnoS 3o umo L 'anoogalnD ul 'peoH asnoH 100113S puu laa.IIS Dui, P-19 Jo MS glaoN-- (alulod IsanauH uNu)an2og3ln0 Iu aDullaag aq,L.io3 uoiluailddd uuid al!S :a-d I L6 i i AN `PloglnoS 6LI I WS •O'd P.JeOg bUIUU W SZ 21noX olvIS SL£bS (Duipltng Nueg ou0 IslldeD)xouud IIsH umOL plotllnoS jo um01 01113o pasog Ouluuuld usuLnsuD `nlsuaoltM 'f PlsuoQ AllaAI'ZgQ (INVH AS iqn,l;� 61 OZ `OZ ,(aunagaj woo•u�� quew�ya sou ens x�xyxrd 2 HN')VAVW KHOf worugequew�pi.7 meL� 0l0t'6L6'if9:."'a 000E'61610:3N+a WLii AN'3onvaanvH 9si aUns'AvA)Tvvd dDioN ooi I l l.l)" Submission Without a Cover Letter Soot p tip-;f � n. PC RECEIVED Sender: 0,-C�Y APR 9 2019 Sou Town Subject: �ir1l�� 0 Planning Board SCTM#: 1000 - Date: I 9 f Continents: _ J =i� +'��, ,k a♦"":�'�iji vs,s�� +� • �� 11 1 �'j{.y��t'�`�! ' ��T,io R'di.� , , ,�I"�i�;+tC�: "J,• . r R Ail' � 3 j A �r•7, r1� • tir/•'di@ �yb i+•'4 }y �{�;u� SS• k411r�� 'giyrl�� ^�t{r'Ya,�r 1 ,1 ■+ � �.F�`��`' r,,. ,°i. �-3. �' Z � { �a1•' i�� f I s1 S°��-�G� ��-- ri F•,• 'y1i' s„ r�, '.'� ��r� �. � \'�';��} `I�'�}Abe >�� fT .'., A y r i ;• �T��A��,i i k� . f �{� 1�,i' � �rf4 .',•��+',�y r,• f� ijf/•� +'• it1\ • ._ y r f. �k�r. sp1 ' / e,F� � k _!° ^� ! i par J h gi �9V T5 i 1 r ICT r '� � � q �' ♦•k i,/f• Y 12, �' � r ilk '�, t " � - �,• + s ,: '`r yt _ + STOP L WAY � �eI ATTENTIONI g„f "• r' - s+r r _ .. !�_� 5^' ' 1�`� _ 1 y � fps. •le r�r .- . I' \ '1 Submission Without a Cover Letter e-AA- - 'fir; Sender: Acx-'\V'\, A f,"R 9 2 019 � Subject: - SCTM#: 1000 - l Date: Continents: M r r � Yi l' H Z ATTENTION !� ALL TRUCKS,TRAILERS,& DELIVERY MUSTICLES h� EXITTHESITE VIA GRIFFING ST TO MAIN ROAD USE OF SCHOOLHOUSE RD r, IS NOT PERMITTED it k I I t r C a q Southold Town Planning Board Work Session — March 11 2019 — Page 3 Project Name 4 The Po nHeritage te at Cutchogue 2015t (Harvest i SCTM#:I 1000-102 1 . 33.3 Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and Schorc_ of House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This Residential Site Plan is for the development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site 1 improvements, on a 46.17-acre parcel in the Hamlet Density (HD) Zoning District. 1 Status: Approved with Conditions Action" Final Attachments. ( Staff Report for 12 Residential Units mm ... Proiect name: Harold R. Reeve & Sons, Inc. SCTM# 1000-140 1 6 Location; 1605 Wickham Avenue, Mattituck �........ � _ -- _ _ ... Description: This proposal is for a standard subdivision of a 5.1 acre split-zoned parcel into 4 lots where Lots 1-3 equal 1 acre each in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning I Districts. This proposal includes a Change of Zone Application where the i zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District. � Preliminary Plat ch Action P _ C ry Extension Request Attachments I Staff Report _ �m n , . ®k ...... _ Discussion: •3 Draft Monthly Report for February Southold Planning Department Staff Report Site Plan Application Work Session — Review for certain Unit CO's Date March 11, 2019 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Date of Submission:: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: Hamlet Density (HD) II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 acres Building Size A Units 77-82, 123 & 124; B Units 19-22 III: Analysis 1. With reference to the final site inspection conducted by Brian Cummings on March 1, 2019: Request for CO's on: B units #19-22, A units #77-82, and #123 & 124; some energy code issues remain to be resolved with the Building Department. • Sidewalk constructed at minimum width; o Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane Phase 1 (units 82 & 123) and just past the clubhouse on Millstone Lane; r} No crosswalks have been striped in the locations shown on the approved plan; • Both termination points are to be secured by gates, the Harvest Pointe Lane location is to be the construction parking and staging area (see below); • Street trees planted as approved from the front entrance to the termination of Harvest Point Lane and Millstone Lane; 1 • Units 19-22: no foundation plantings, require to be planted by June 1, 2019; • Units 77-82, 123 & 124: constructed as approved (including foundation plantings) • Tennis court and un manned booth not constructed; 2. Consistency with Amended Conditions: Condition # 1 - Submit a copy of the Amended C&R's as submitted and reviewed at the January 14, 2019 public hearing, along with proof they were filed with the County Clerk; Completed 4 - The clubhouse must be completed and a certificate of occupancy issued prior to certificates of occupancy being issued for any residential units. The pool must be completed and a certificate of occupancy issued by June 1, 2019. Associated site work for the pool and clubhouse must be completed by June 1, 2019. Partially completed. Plantings and pool remain to be finished as required above; 7 —All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. Staff: (4) B units #19-22, and (8) A units #77-82, 123 & 124. Constructed as approved; 16 — Prior to the certificates of occupancy being issued for any residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. Staff: site visit conducted March 1, 2019, for (4) B units #19-22, and (8) A units #77-82, 123 & 124 • Sidewalk constructed at minimum width; o Begins at front entrance and runs to two termination points: end of Harvest Pointe Lane Phase 1 (units 82 & 123) and just past the clubhouse on Millstone Lane; 7 o Both termination points will be secured by gates, the Harvest Pointe Lane location is to be the construction parking and staging area (see below); • Street trees planted as approved from the front entrance to the termination of Harvest Point Lane and Millstone Lane; Units 19-22: no foundation plantings, require to be planted by June 1, 2019; m Units 77-82, 123 & 124: constructed as approved (including foundation plantings) 18 — Prior to beginning Phase 2, at least 75% of the units included in Phase 1 shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. The following conditions are required after the first residential unit received a certificate of occupancy: a. No parking of vehicles, construction equipment, or storing or staging of materials or dumpsters in streets where certificates of occupancy have been issued. Staff: an update should be provided by the applicant. At least two (2) dumpsters were observed in the Millstone Lane roadway and contractors and workers continued to be parked in the street; b. Streets and access for residents must be kept open and clear for the entire width of the road to and from their residences. i. Millstone Lane from Harvest Pointe Lane to the clubhouse ii. Harvest Pointe Lane from the entrance to the end of unit 82. iii. All future sections of road where certificates of occupancy have been issued. b. Provide parking and staging areas off the streets for contractors vehicles, construction vehicles and equipment and materials. Staff: an update should be provided by the applicant. Prior to the issuance of a CO for any of the (12) requested units, the areas detailed above in requirements "b" & "c" should be established on site; c. No clearing in Phase 2 until after a building permit has been issued for the area not yet cleared. 3 d. Plantings in the buffer, pursuant to condition #24 b must be completed to the satisfaction of the Planning Board prior to beginning construction of units 117-122. e. Open areas of land not in active construction must be stabilized with vegetation, to the satisfaction of the Planning Board, as soon as weather permits. 24— Natural Buffer: Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. Staff: the natural buffer along the northeast property line (Depot Lane side) should be bolstered in this planting season as appropriate, there are evident gaps; 33 — Exterior Lighting: Staff: • Seven (7) pole / street lights in the proximity of the units requesting CO's, all constructed as approved except for the Pole Light proposed in the pool area (not constructed); • Unit lighting: all twelve (12) units seeking CO's have exterior lighting constructed consistent with the approved photometric plan (see photos) • Photometric Plan foot candle values were verified on site; all constructed light fixtures have been completed consistent with the approved photometric plan. REMINDERS: • The extensive areas of open ground must be stabilized with vegetation at the earliest possible time this spring and all parameters of stormwater control, fugitive dust prevention, and soil erosion must be followed at all times. Please review the SPDES permit and approved site plan notes for details. 4 0 The construction route must be followed. Instruct all drivers to use the agreed- upon construction route, which is Route 25 to Griffing Street. All construction traffic must avoid Schoolhouse Road. a Review conditions 24, 25 & 26 relative to the buffer and existing trees. V: Plann:i�ng Board items to consider: Support the issuance of a Certificate of Occupancy (CO) for B Units #19-22, and A Units #77-82, 123 & 124 with the following conditions: 1. Require the completion of all seeding and foundation plantings for Units #19-22 by June 1, 2019; 2. Prior to CO's being issued for these units: a. Remove all dumpsters from the roadways; b. Establish the construction vehicle parking and staging area, proposed at the end of Phase 1 Harvest Lane, complete with gate to prevent access from unauthorized personnel; 3. Continue to bolster the vegetated buffer to the east during the 2019 planting season. 5 OFFICE LOCATION: ;; •, MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 � " Tq Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov l�ltbpry q��,. PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Approved Residential Site Plan The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: The Planning Board has found that the requirements for Units # 19-22, 77-82, 123 & 124 of the above-referenced Residential Site Plan have been completed based on submitted materials and the site inspection made March 1, 2019. These units and the supporting infrastructure on site are now in general conformance with the approved site plan dated September 26, 2017 and the Planning Board supports the issuance of a Certificate of Occupancy for these twelve (12) units. Please note that there are many ongoing conditions of the site plan approval, with the most relevant to the occupancy of the residential units being no parking of vehicles, equipment, or dumpsters and no staging of materials on the internal streets being used by residents. This letter does not condone any changes from the approved site plan and approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Stormwater Manager .� ......o9,w..... ........�_�. �� Submission Without a Cover Letter l�� I„ �;;m;;;;; �� Sender: l ��8�� irko��ung Pik,��w�a-nr rd Subject: v. m SCTM#: 1000 - \W_. - ate: Comments: ." " m� rvw 1 Y ATTENTION All trucks, trailers and delivery v e h ic l e s M U ST e xit t h e sit e via Griff ing street to Main Road . Thank you Rimor Development LLC PO Box 908 Cutchogue, NY 11935 March 9, 2019 Suffolk Cement Products, Inc. 1843 Middle Rd. Calverton, NY 11933 Re: Harvest Pointe at Cutchogue— Construction vehicle required route To whom it may concern, Please be advised that all future deliveries to our project must be made via Griffing Street off of Main Road. As per our agreement with the Town of Southold Planning Board large construction vehicles are restricted from entering or exiting our project via Schoolhouse Road. It is imperative that we comply with this requirement so that no stop work orders are issued in regards to the construction at our site and that no code violations are incurred by us, and or, your drivers f'rorn the local municipalities, If you have any questions please do not hesitate to contact me. Thank you in advance for your cooperation. Re d enry Iia Project Ma a Rimor Deve pment LLC Cell 631 678 2667 Rimor Development LLC PO Box 908 Cutchogue, NY 11935 March 9, 2019 Guillo Contracting Corp. PO Box 229 Calverton, NY 11933 Re: Harvest Pointe at Cutchogue— Construction vehicle required route To whom it may concern, Please be advised that all future deliveries to our project must be made via Griffing Street off of Main Road. s per our agreement with the Town of Southold Planning Board large construction vehicles are restricted from entering or exiting our project via Schoolhouse Road. It is imperative that we comply with this requirement so that no stop work orders are issued in regards to the construction at our site and that no code violations are incurred by us, and or, your drivers from the Vocal municipalities. If you have any questions please do not hesitate to contact me. Thank ou in advance for your cooperation. Re d m e,nry lia oject Man r Rimor Develo ment LLC Cell 631 678 2667 Rimor Development LLC PO Box 908 Cutchogue, NY 11935 March 9, 2019 Florence Building Materials County Road 104 East Quogue, NY 11942 Re: Harvest Pointe at Cutchogue— Construction vehicle required route To whom it may concern, Please be advised that all future deliveries to our project must be made via Griffing Street off of Main Road. ,As per our agreement with the Town of Southold Planning Board large construction vehicles are restricted from entering or exiting our project via, Schoolhouse Road. It is imperative that we comply with this requirement so that no stop work orders are issued in retards to the construction at our site and that no code violations are incurred by us, and or, your drivers from the local municipalities. If you have any questions please do not hesitate to contact me. Thank you in advance for your cooperation. Regar�s Henr Alia i Project Manage Rimor Cevelop t...LL Cell 631 6782667 Rimor Development LLC PO Box 908 Cutchogue, NY 11935 March 9, 2019 Amagansett Building Materials, Inca PO Box 1620 Amagansett, NY 11930 Re: Harvest Pointe at Cutchogue— Construction vehicle required route To whom it may concern, Please be advised that all future deliveries to our project must be made via Griffing Street off of Main Road. As per our agreement with the Town of Southold Planning Board large construction vehicles are restricted from entering or exiting our project via Schoolhouse Road. It is imperative that we comply with this requirement so that no stop work orders are issued in regards to the construction at our site and that no code violations are incurred by us, and or, your drivers from the local municipalities. If you have any questions please do not hesitate to contact me. Thank you in advance for your cooperation. Regar Hen Ali'..... P r o j t an e Rimor Devel pm C Cell 631 678 Rimor Development LLC PO Box 908 Cutchogue, NY 11935 March 9, 2019 Kleet Lumber Company, Inc. 777 Park Ave. Huntington, NY 11743 Re: Harvest Pointe at Cutchogue— Construction vehicle required route To whom it may concern, Please be advised that all future deliveries to our project must be made via Griffing Street off of Main Road. As per our agreement with the Town of Southold Planning Board large construction vehicles are restricted from entering or exiting our project via Schoolhouse Road. It is imperative that we comply with this requirement so that no ,stop work orders are issued in regards to the construction at our site and that no code violations are incurred by us, and or, your drivers from the local) municipalities. If you have any questions please do not hesitate to contact me. Thank you in advance for your cooperation. Ylr , 'a Pr Ject Mara r Rimor Devel m6nt LC Cell 631 678 -667 Rimor Development LLC PO Box 908 Cutchogue, NY 11935 March 9, 2019 S&H Building Materials Corp. PO Box 811 Medford, NY 11763 Re: Harvest Pointe at Cutchogue— Construction vehicle required route To whom it may concern, Please be advised that all future deliveries to our project must be made via Griffing Street off of Main Road. As per our agreement with the Town of Southold Planning Board large construction vehicles are restricted from entering or exiting our project via.Schoolhouse Road It is imperative that we comply with this requirement so that no stop work orders are issued in regards to the construction at our site and that no code violations are incurred by us, and or, your drivers from the local municipalities. If you have any questions please do not hesitate to contact me. Thank you in advance for your cooperation. Reg,, sw He y All � Project Manage Rimor Level LC Cell 631678 67 jv..b From: HenryAlia <teamalia65@gmail.com> `- - ' Sent: Monday, February 25, 2019 4:08 PM RE�;EW ;;D To: Lanza, Heather -wl _ 2 Subject: Harvest Pointe - memo to buildingfor c of o's of homes �, Naming card Hi Heather, I know you had mentioned that Brian would be taking a ride through to look at the side walks, street lights, etc. so you can send a memo to building for the c of o's on some of the unit's in Phase 1. Was that completed? I'm looking to obtain c of o's on the following units: 77, 78, 79, 80, 81, 82, 123, 124, 22, 21, 20 and 19 at this time. Please let me know. Thank you! Henry Sent from my iPhone OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex + SO r P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov co NV -1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2019 Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Performance Guaranty (Bond) Reduction Approved Residential Site Plan for The Heritage at Cutchogue, aka Harvest Pointe 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue Zoning District: HD Dear Mr. Alia:. The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February, 11, 2019: WHEREAS, this Residential Site Plan for 124 detached and attached dwellings is currently under construction; and WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a request to reduce the Bond amount from $150,014 to $39,908; and WHEREAS, on December 3, 2018 the Planning Board accepted a reduction in the performance guaranty amount from $150,014 to $75,825 for the Heritage at Cutchogue and recommended that the Town Board accept same; and WHEREAS, on December 18, 2018, the Southold Town Board accepted the reduction, as described above, by resolution #2018-1051; and WHEREAS, on January 14, 2018, the Planning Board reviewed a request to reduce the performance guaranty further and agreed that it could be reduced by $17,100; be it therefore The Heritage 21Page February 12 , 2019 RESOLVED, that the Planning Board hereby accepts a reduction in the performance guaranty in the amount of$17,100, and the total amount of the performance guaranty to be retained will be reduced from $75,825 to $58,725 for the Heritage at Cutchogue and recommends that the Town Board accepts same. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Cc: William Duffy, Town Attorney Elizabeth Neville, Town Clerk P ► H �--c M`�' ( - Submission Without a Cover Letter RECEIVED Sender: A4 , A thT60 T6wn Planning Board Subject: SCTM#: 1000 - Date: 2— I S Comments:. ��. ;,,1�'f��f�,'I � �° i � J r �,� �,1 4 x ��, � �� l i � , 1 Light OUtdoor W611 Cyhnder AZ Project Name �.._ Location: 9234AZ (Architectural Bronze) Type. Qtvuw _._... Comments: Ordering Information Product ID 9234AZ Finish Architectural Bronze Available Finishes AZ, BA, BK,WHT Dimensions ion Extension 7.00" j Height from center of Wall 3.50" opening Base Backplate 5.00 X 4.75 Weight 0.95 LBS f Specifications Material Aluminum ,lectric N Voltage 120 V Qualifications Safety Rated Wet Dark Sky Yes Warranty www.kichler.com/warranty . " 1;Mmen ion Primary 1,,,_ rri iin Height 7.00 Light Source Incandescent Width 4.75" Lamp Included Not Included #of Bulbs/LED Modules 1 Max or Nominal Watt 65W Socket Wire 150 _ ....... . ....... ............ ... . Socket Type Medium Lamp Type BR30 Alternate I11-a ps Lamp Included Bulb Listing Light Source Max Wattage/Range Bulb Product ID Dimming No Hybrid CFL 13-15W _ 1 KII611 er ugotes. 7711 East Pleasant Valley Road 1)Information provided is subject to change without notice KICHLn Cleveland,Ohio 44131-e010 All values are design or typical values when measured under Toll tree"866.558.5706 or kichler com laboratory conditions 2)Incandescent Equivalent,The incandescent equivalent as oresented is an aooroximate number and is for reference only • d Iu mmu i mmu a ,� o • Exceptional efficacy 81 LPW in halogen white • Not suitable for enclosed fixtures • Smooth Dimming with existing installations • Fits directly into existing recessed cans and tracka,. 25,000 Ihir „ 5 Years IDimrrnmabl1 @Us iii�� i I u� a. . � ,. LISTED 17171 The BR30 features an innovative design that provides more efficient light output than previous generations while using 35% less material. This environmentally friendly lamp weighs less than 1 00g and maintains a traditional incandescent form factor, making it suitable for all applications. AI �I t. dFee Y l i i OffisErm Southold Planning Department Staff Report Site Plan Application Work Session — Review for Final CO Date January 28, 2019 //riiiii/rairriirr�r�l�r�iiai�ai�aaiiiiiiiir�r/iir�r� �r ��, "-r r i!!/r/urrrriiir r��ian�irrri�iiariiiiiai�/�i��/rr�rr/�r(r,iriw,�. �w,Wrr, ,��it o riiiiiiia��ir/iicaa✓rc�rc�/o�i iiuiiiiii/ �iiiiiiiiii/ �r/»>/n/�rr�rra�rrrrarr rrarr rrrurrrrrirrrrrrrrrrr�rrr<avrrnrrrrrrrrrr raii�rr��iiiir,.airrrrrarir ��rr�/i/r✓I ///�//i //Gl ((((rk �! l 4f�ld�' //%((�!///// ((((!✓ IIJ I �I��' P �G�f,�r{ i� �/(r// /////(/��//��/J//�(Gl�U'...11�(IIII/II IUOr(r OOG ,( !!!!!lrlr�J ,//f rJllllllll��Jllllllll�//!/////l( ,(df�flrAk W'YW rt'rflitiloNN:f sifMMMMrIMtiNRrf4 frN i✓r rmYJEi4✓,N io irNWhW WW.'�.N 4NYnYFr Nv,MroM SA N.1.50.f�uF ... ✓nWNRW4'w+fiR i✓ilk 94�95��w,wWaWaMa✓nWYu fi'rr(p 1WWi�tNIf�NN+KNNf tititi5ry rvr�w�twMa?i✓!': f l,WHJ✓H.NtMUMNfHmNNHY fMWrvrNrtJf�J �.YifIJfl�MN,i✓�✓�v YAJ✓Y nlA✓lr"KW'N VNi;§WMvnHrm SY;�I I. Application Information Project Title: The Heritage @ Cutchogue Community Center Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: Building Size 6,188 gross sq. ft.. III: Analysis 1. With reference to the final site inspection conducted January 14, 2019, and January 28, 2019: 1. Site plan elements: a. Community Center: Staff: constructed as approved; b. Parking area: i. Asphalt parking area constructed as approved with open grate drywells for storm water drainage; ii. Loading area not completed; iii. Four (4) ADA parking stalls not constructed / completed: 1. Appropriate signage; 2. Striping of stalls and loading areas; c. Exterior Lighting: 1. i. Building exterior lighting constructed as approved with exception Of srx fixture whore the bulbs are viible through lass m, s; s s „ �,,. r✓ rr�rru�r �or�rrl✓ao� r�a�r�✓r rr iii ll�ru �rrrr rr a, ,� �� r�aurrrr rrrrr ��ei i�� ra�rrrrrrrvr�arrrrrrrr rr�r�� r��!�i r��r�r��✓ ��r�arrrrrurarr��rrrr�rr urrur��rr.✓✓✓�� iiiiu ��ir ��r NJfNJ lfinfN+Kd.»5M�✓rid✓Y�WaT�MriG3R9fMMlMwn fiNN R.�K&.'ff tl 4'NnYPdwr»tr� ✓hr�i WdGc"amwrNNM.J✓R O�iM�NNw'fNN�P4 fYf NN 113 fieAN 9a. ��'1N MM a!WMa tl9f NAM✓A�Rn uAMPhP� mu i;�rNfw,NW'JM1N NA N.Yw /�rMry,"vAMN fiN uxwNN�.VU t��i�rvi H�i✓"f&N. ii. One (1) pole light fixtures in pool area not constructed; d. Landscaping: i. Shade trees constructed as approved, not all seeding completed in proximity of community center building; 2. Phase One units: a. Henry Alia: ±20 units with sheet rock i. Building inspector John Jarski: 26 units "at or almost ready for final inspection" Staff: J. Jarski clarified that the noted units are at or near the drywall stage; b. Completed units have foundation shrub plantings and street trees planted. Remaining units to be completed would have to install plantings in Spring 2019; c. Sidewalks are installed; d. Pole light fixtures are installed at road intersections and within the main entrance landscape medians; 3. Tennis Court— not constructed V: Staff Recommendations Prior to supporting the issuance of a Certificate of Occupancy (CO) for the Community Center, consider the following items: 1. Striping of parking stalls, ADA compliant stalls (and signage), traffic flow arrows and traffic markings; 2. Consider additional exterior light fixtures at the front entrance as an "as-built" change or require the applicant to change/shield the fixtures; 3. Require the completion of the pool, and all seeding / plantings by June 1, 2019; 2 Prior to supporting the issuance of a Certificate of Occupancy (CO) for Phase One units, consider the following items: ��(IIQIIII�1�1�1111)1111///(%//(/l/%%�,�%//%/�%�/((((//(�/%(//�/��,////�%/%%(�Ql(�IU�4��/��(I�Q�I (.II ,y„��n 'r � ,��q. r �UU�11�y (�i i�U�(✓�. k a: �� t �1�� 71,ry[,.. ��y,r ,.. l�r n��ry�rUa x,.ice!,:. i x.I� �)/,u � �:i!'/ri r, 14�1/1(�I/l�///////%��%/�/%��%�///(%///./l(�%/�(%/(((/%%�� nn�rrrr n,rn��xmawwawrrvm �n rrr,•rr✓i✓✓rrruvN wwrrr�vt rvr,�i>� ✓� ��„m ,� rwoAwAmMr,�nr✓a�i wx✓ .... � n ��.� wr ..✓nrd r uri,�dX '.r.. , �r;Fu�ri✓ �i' ,F�, '✓ r ��fr� Wau. I �wmr✓um�m rrrnarrr ,r„nwwnvrr�mre�.ax,�r�ten: unobstructed interior roads for emergency access safety and general safety on site OR providing a second means of access; they have referenced situations where contractors are parking in the roadway or also staging materials (sheet rock, wood, metals, palettes) in the roadways making it very difficult for even small vehicles to navigate the site; 2. Phase II limit of clearing — retain existing natural buffers to the west for as long as possible 1.14.19 The land was cleared for fanning. On one side, the land was subdivided and developed as a suburban area. On the other side, the land is still in agricultural use as an organic farm. At least Levittown in Nassau County was designed to be egalitarian. Russelltown was designed to be elitist. Whatever the Developer calls it: Seacroft, Heritage at Cutchogue, Harvest Pointe... I call it Russelltown. I have not forgotten when Scott Russell's mother attacked myself and a group of other civic activists at King Kullen. She screamed at us to stop because she wanted to live in a condo in the development. Reasonable persons can disagree. She was being unreasonable. It was also unreasonable, when in a backroom deal on July 19, 1983 the property was rezoned by the Southold Town Board based on a fraudulent Environmental Assessment Form submitted by the Developer. On the other hand, it was reasonable when in January 1985 Southold Planning Board responded to public outrage and denied a Site Plan Application due to the developers refusal to do an Environmental Impact Statement. The developers sued Southold Town, and lost. It was also reasonable when on January 20, 2009, Southold Town Board enacted 3 laws with a statement of legislative intent indicating that the proposed project in Cutchogue, and a proposed project in the hamlet of Southold whose site plan application was also currently before the Planning Board, would yield significant changes in the characters of the hamlets if approved in their present form and that the Cutchogue project contained the second-largest number of residential units proposed in a single development in the Town's recent memory and that the impacts on the existing community and character of the hamlets were likely to be profound. It was also reasonable when, by letter dated February 18, 2009, Southold Town Planning Director indicated that the newly enacted Local Laws applied to Heritage's site plan application which therefore in its current form did not meet the revised Town Code, and that if Heritage wished to proceed, it could submit a new or amended application. But it was unreasonable when, on May 15, 2009 the Developer filed a lawsuit against the Town and against the Town Board and Planning Board and their individual members personally. The Town promptly filed a motion for Summary Judgment. On June 15, 2010, the motion was granted to dismiss only the claims against the Town officials personally. The developers appealed, and on April 10, 2012 their appeal was denied by the Appellate Division. It was unreasonable when, on September 11, 2014 after conducting a long series of closed door executive sessions with the Developer without any public input, Southold Town Board and Southold Planning Board entered into a Stipulation of Settlement to reverse the 3 local laws that were enacted through a public process and to resume consideration of the Site Plan application pursuant to the Town Code as it had existed in 2008. The Stipulation includes a reference to, and is apparently at least in part based on, the possibility of an appeal to the New York State Court of Appeals. It was unreasonable when, on August 14, 2017 Southold Town Planning Board granted FINAL Approval to a Site Plan application to build 124 detached and attached dwelling units to fonn an elitist residential neighborhood which is anticipated to have significant adverse environmental impacts in the heart of Cutchogue and on the Town of Southold. NOW, at the start of 2019, even before a single housing unit is occupied, the developer wants permission to increase the permitted rate of construction of the development. The Site Plan application process took over 30 years, and resulted in permission to sell and construct 124 units in 4 phases. Just over 1 year later, the developer is trying to renegotiate and seeking approval to build subsequent phases after the prior phases are in contract rather than having received certificates of occupancy. Being in contract does not mean sold. In this case the units may be in contract even before they are built. What does it mean to be in contract? Does transfer of an option to buy without a deposit constitute in contract? Is there a minimum deposit required to be considered a "binding" contract? In contrast with the current terms which are based on issuances of certificates of occupancy, a longstanding duty of the Building Department. In contract would shift the duty to the Town Attorney's Office which would have to conduct reviews of the nature and status of the alleged contracts. As one consequence, the units could end up being left vacant. The proposed Amended Declaration of Covenants and Restrictions would also increase the burden on the Town of Southold to monitor, inspect and determine acceptability of proposed utilities and infrastructure rather than of completed of utilities and infrastructure. Units could be built before the Developer completes building associated utilities and infrastructure such as roads and sewage treatment plants. Bottom line, the Developer agreed to fully construct each phase of the development before starting the next. The public being heard here today does not even know how far the construction of the first phase has proceeded. Now is not the time to agree to construction of more units before the Developer finishes the units in the current INITIAL phase. If the Developer can not sell the first phase it may decide to redesign subsequent phases. There is plenty of room for improvement. The agreed upon the timing and rates of construction protect potential buyers, as well as the Town and our community. Does the Planning Board REALLY need a public hearing, to say NO to this application for a premature amendment of the agreed to terms? Sincerely Yours, W Benj a ' cliwart Tom and Isabel Wacker S� 760 Old Pasture Road ' .. . Cutchogue, New York 11935 RECEIVED ' 917-306-7046 .mm....::.. w........_._. .W,,,,._ 917-755-4802 JM� 2 Al tl VII ...._5aaai�du �-.. VIA Facsimile—631-765-3136 Nannhg Boand Southold Town Planning Board 54375 Main Road P.O. Box 1179 Southold, New York 11971 Re: Heritage at Cutchogue aka Harvest Pointe, Gentlemen: We are writing again to express our dismay and opposition to the proposed amendments to the conditions and covenants applicable to the development of the Heritage at Cutchogue. Although we were not able to attend the meeting, we have received a report from the representative of the Fleet's Neck Property Owner's Association, of which we are members. From his report, it seems that the only reasons given for the proposed amendment to the covenants are the failure of the developer to complete the pool on schedule and the inconvenience to a few buyers who sold their residences before the new units were even close to completion. As these excuses seem completely inadequate to support the changes proposed, we are very concerned that there may be other factors of which we are all unaware. The terms of the covenant were heavily negotiated and known to all well in advance. The completion of the pool was clearly within the control of the developer. Their failure to meet a well- known deadline is no excuse for gutting the protections afforded to the community in the covenant. There must be other reasons for their desire to eliminate the 75% C of 0 requirement. If not, then why didn't they just ask to eliminate the requirement that the pool be completed before C of O's are issued for the Phase I units. The remaining covenants could remain in place. We urge you not to gut the protections afforded the community from this development. We urge you to inquire as to whether all conditions for the granting of C of O's for the Phase I units (other than the pool completion) have been met. We urge you to investigate whether they have obtained approval from the Suffolk County Health Department for the advanced sewage treatment which is so critical to attempting to minimize the environmental damage this development will bring to our wetlands. The list of condominium developments on the Suffolk County Planning Board website lists the status of this development as "pre-construction" as of November 29, 2018 — not even "under construction". We suspect that this application is just an excuse to accelerate the building of this development so that it will be more difficult for you to deny additional concessions later. While we sympathize with the buyers who mistakenly relied on the promises of this developer and sold their residences, the community should not bear the brunt of their bad choices and the developer's failure to compete these homes on schedule. Perhaps these buyers should look to the developer for relief. We repeat all the arguments in our prior letter — including this one: We have a deal and we should stick to it. Alternatively, your consideration of any change to the covenants should only be undertaken as part of a comprehensive renegotiation of the size of this development. Any concessions to the developers should be offset by concessions to the community which will bear the negative environmental and traffic effects of a development this size forever. Sincerely, CEIVED From: michael nickich <mikejo628@optonline.net> VN Sent: Friday, January 18, 2019 4:18 PM To: Michaelis, Jessica ��I� Subject: Harvest Pointe Nanning Board Our names are Michael and JoAnn Nickich. We are residents of Cutchogue and owners in Harvest Pointe and we are excited about moving into our new home. My understanding is that both the town and the developers have worked cooperatively to see the completion of phase one of this project. As the CO for the clubhouse is near, and the health department has offered it's approval for the clubhouse and some of the units we were really hoping phase two might get started. This project is needed and desired by many on the North Fork as evidenced by the overwhelming response the sales team has received. Please consider allowing phase two to begin as soon as possible; then drop in and say hi to your new neighbors. CAR 1 ttL From: Miriam & Michael Lastoria <miriamlast@yahoo.com> RECEIVED Sent: Friday, January 18, 2019 4:19 PM To: Michaelis,Jessica PU0 c g I,,� 2 2 2 1 Cc: Russell, Scott; Robert Morrow; Marie Weissheier Subject: Harvest Pointe ��, C��" ° " PlanNng Board Dear Mr. Wilcenski and Southold town Planning Board Members, We have lived in Southold (Harbor Lights) since 1988, and have been full time residents since 1999. We are so happy that Harvest Pointe is now a reality and we can continue to live in the community without the burden of yard work and outside maintenance of our home. We have been in contract for the 2000 sq. ft. unit #123 as of August 10, 2017 for 10% of the purchase price with our lawyer Robert Williams present at the signing of the contract. The Suffolk County Department Of Health related over the phone to Rob Marrow that they have approved 13 units which include the 8 large units, 1 smaller unit, the 3 models and the unit which is serving as an office and will until the completion of phase 4, also approved is the club house. Our unit #123 is completed and needs a CO from the Town. We hope this can be done as soon as possible so we can close and move into our home. We also hope that the Planning Board will approve the waiver to allow Phase 2 to begin since 26 units are in contract. This will mean that the construction will continue and finish the community more quickly. Thanking you in advance for your consideration in this matter. Respectfully, Michael and Miriam Lastoria 2330 Anchor Lane Southold, N.Y. 11971 S LI/J From: William Send <williamsertl@me.com> �� Sent: Saturday, January 19, 2019 11:23 AM To: Michaelis,Jessica Subject: Harvest Pointe -� � , w 2 2 019 wu Nanning v ". �. 'd January 19, 2019N- 0oa"'.. Jessica Michaelis Planning Department Town of Southold Dear. Ms. Michaelis: Having sold our home in Cutchogue in May and purchased a condo shortly after that in Harvest Pointe,we are most eager to get into our new home in the village. In light of the Town meeting last Monday, we sincerely hope any issues with the Clubhouse do not hold anything up. Thank you for your attention to this matter. William J. Sertl William J. Goss Unit 15 1 �L-�O � (-1�� From: jtsteiger <jamsteigerwald@gmail.com> EIVED Sent: Sunday, January 20, 2019 9:56 AM ,� .. - , To: Michaelis,Jessica �— v�J� C 1012 2019 Subject: Harvest PointeQ-Q-C-6V iJ (�Rf IOVVi P�anning V of To Whom it May Concern; .. The purpose of my letter today is encourage the Town of Southold to help those residents who have purchased in Harvest Pointe to get into their homes. The Harvest Pointe development was exactly what we are looking for, after we received a diagnosis for my husband of a degenerative neurological disease that would make living in our single family residence very difficult for us. We didn't want to leave our home on the North Fork and this development allowed us to stay local, while giving us what we needed to face the future. So, we purchased a home in Harvest Pointe in March of 2018 after selling our house in Jamesport, NY. We are local. We are not snow birds. We live and work on the North Fork. This is our home. We have been waiting for almost a year to get into our new home, and the Town of Southold can help move this forward by providing Mr. Morrow and Mr. Rimland the approval and the documentation needed to allow us to finally get into our new community. I am not familiar with all of the Town's regulations and all of legal issues surrounding all of this; What I do know is that my husband and I have been patiently waiting to get into our new home. Now that construction is completed and everything seems ready to go, the only thing holding us up, appears to be a CO from the Town of Southold. I respectfully request that the Board provide whatever is necessary to allow the residents of this town to move into their homes. Sincerely, Jennifer Steigerwald �Nm tic'w �lcl r gm- 'All-'All-con, w From: Robert Morrow <rem@kenilworthequities.com> �(� -� ��,� (�K— Sent: Sunday,January 20, 2019 11:05 AM To: Vicky Meigel [ZECEIVff Cc: Michaelis, Jessica 'w Subject: Re: Harvest Pointe Condominiums J Ai"^ 2 2 01 ,wi6e lc� i"'6 jri Excellent. You're the best !! Ilglanruuru E ar Sent from my iPhone On Jan 20, 2019, at 3:52 PM, Vicky Meigel <ra� �d G � �� ur�f i?, i ,l� .. e In> wrote: <image001.gif> To Whom it May Concern, In love with this community, in love with this town, in love with the North Fork. Being employed by Rimor Development at Harvest Pointe has been a surreal experience sharing my new found knowledge of this area with anyone who will listen. I am proud to work here and have met the loveliest people who purchased here. It truly is an asset to the town to offer these beautiful maintenance-free homes. I hope you will honor the request to allow C. O.s on the homes that are completed and give the opportunity to open Phase 2 so everyone on the waitlist can receive the good news sooner rather than later. Respectfully, Vicky Meigel <image009 Jpg> Vicky Meigel Director of Sales 75 Schoolhouse Road Cutchogue, NY 11935 Sales Office (631)735-9300 Mobile (631)942-8814 Harvest-Pointe <i mage004.gif><i mage010.j pg><image011.j pg> Connect with us! From: Lisa Tettelbach (via Google Docs) <Iptettle@gmail.com> �� Sent: Sunday, January 20, 2019 9:28 PM To: Michaelis,Jessica RECEI_ .,w.. - °I Subject: The Heritage/aka Harvest Pointe Attachments: Heritage Again.pdf � ' jF u4 -row Plaratroung 1r3oard Lisa Tettelbach has attached the following document: _..,,,r...... Q Heritage Again 1�1 r ",:Hi Jessica, Thank you so much for suggesting that I request that the planning board keep the hearing open for additional public comments on the Heritage Condominium project. I really appreciate that they agreed to extending the hearing for an additional week. I have attached my comments as a Google document. If you have any questions or need anything else from me, please let me know. Thanks again for your help. Lisa Tettelbach Google Docs: Create and edit documents online Google LLC; 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA Google You have received this email because someone shared a document with you from Google Docs 1 Lisa P. Tettelbach 1530 Crown Land Lane Cutchogue, NY 11935 January 20, 2019 Town of Southold �� l� L-cfV l � V`,�-, Planning Department I�,� E Id 11�0 Town Hall Annex ._ ,. 54375 Route 25 �IIVED 2 2 „ Southold, NY 11971 PlarIlIlk"lig Board To Whom It May Concern; - ... ,. I am writing in response to the amendments to the conditions and covenants being proposed by the owner of the Heritage at Cutchogue (aka Harvest Point). I am a resident of Cutchogue, living on Crown Land Lane,just two blocks from the destruction taking place in our beautiful town. I thank the Planning Board for allowing comments to be received after the January 14, 2019 Planning Board Meeting. My comments below are in opposition to the items being proposed for the following reasons: 1. The owner agreed to these terms and the Planning Board approved them on August 14, 2017. If the owner did not have the foresight to appropriately plan this community before he started construction, there is no reason why the residents of Cutchogue and the Town Planning Board need to agree to make changes to accommodate his poor planning. We've already been subjected to the destruction of this beautiful and environmentally sensitive piece of land, which should never have been developed in the first place. 2. The owner should continue to work and complete the clubhouse and pool amenities to obtain their certificates of occupancy. And until that happens, Phase I units should not receive their certificates of occupancy. There was a reason to complete it this way and it should remain a condition. 3. The owner should complete 75% of Phase I before moving on to Phase 2 or any other Phase. The construction process is disruptive, noisy, polluting the air and a hardship to the community. It shouldn't be compounded by having multiple phases being worked on at the same time. It should also be noted that the developer has not followed what was agreed upon prior to the start of development. I live two blocks away and they start construction before 7 am and my home has shaken as as a result of the work they are doing. It is worse at the homes on Highland Road. They have worked on Saturdays and Sundays (which they should not), they are not handling exposed construction surfaces properly, so after heavy rains, rivers of dirty water washes uncontrollably down Griffing Street. They weren't following guidelines as far back, to when they were conducting the environmental studies. Before they had permission to do so, they began removing tractor trailer loads of trees while these "studies" were going on. This was observed by neighbors bordering the property and nothing was done to stop them, even after numerous calls. I attended the January 14th meeting and all I heard were excuses from the developer as to why trucks continue to travel down Schoolhouse Road, when they are not supposed to. He said he can't police them 24/7. That is his responsibility and he should do a better job at his job. respectfully request that the Planning Board not agree to these amendments and not allow the owner to do anything more than he originally agreed to do. Thank you for your consideration. Lisa Tettelbach From: Marie Weissheier <marie@harvest-pointe.com> - - Sent: Sunday, January 20, 2019 LS5 PM CEIVED � P � �U'°� _ . To: Michaelis, Jessica Subject: [SPAM] - Harvest-Pointe Condominiums �„� , dw,p19 To whom it may concern, fi�� f�� Sn _ ajm�,ipnq Board C� ��, I've been employed by Rimor for a year now. I meet with the homeowners on a daily basis to help create a beautiful home for them. There is so much excitement from current Town of Southold residents who are moving into our community, as well as future residents who have fallen in love with the Town and the North Fork over the years and have now decided to make this their forever home. Please honor the developers request to CO the homes that are ready to be moved in to. Please also allow the developer the opportunity to begin to sell Phase II. We continuously have people stop in the office and/or call us, as they are anxiously awaiting Phase II to open. They are looking forward to purchasing one of our homes and becoming part of the community. Yours truly, Marie Weissheier Marie R. Weissheier Office Manager/Sales Associate Harvest-Pointe 631-735-9300 Harvest-Pointe.com You Connect with us! Please note our new address effective September 24, 2018: 75 Schoolhouse Road Cutchogue, NY 11935 i From: Vicky Meigel <vicky@harvest-pointe.com> RECEIVED Sent: Sunday, January 20, 2019 10:53 AM NN To: Michaelis, Jessica V L 1 ^C J u '' 1 � Subject: [SPAM] - Harvest Pointe Condominiums .. � ° �oaRn�.imnop�i,.�orn tlannii n lBoau d To Whom it May Concern, In love with this community, in love with this town, in love with the North Fork. Being employed by Rimor Development at Harvest Pointe has been a surreal experience sharing my new found knowledge of this area with anyone who will listen. I am proud to work here and have met the loveliest people who purchased here. It truly is an asset to the town to offer these beautiful maintenance-free homes. I hope you will honor the request to allow C. O.s on the homes that are completed and give the opportunity to open Phase 2 so everyone on the waitlist can receive the good news sooner rather than later. Respectfully, Vicky Meigel fl Vicky Meigel Director of Sales 75 Schoolhouse Road Cutchogue, NY 11935 Sales Office (631)735-9300 Mobile (631)942-8814 Harvest-Pointe El Connect with us! 1 From: Hannah Matthaei <hannah@harvest-pointe.com> � Sent: Sunday, January 20, 2019 12:58 PM II ECEIVED .........._.e...... � To: Michaelis, Jessica Cc: Vicky Meigel (� �wNMI 2 2 2019 Subject: [SPAM] - Harvest Pointe Condominium n of _61d1 61 6 - Planrfing Board .o 0 To whom it may concern, na I am an employee of Rimor Development at Harvest Pointe Condominiums and I also happen to be a Southold local. Jeffrey Rimland and Robert Morrow have genuinely surprised me by how much they truly care and respect the communities that they work in.They have gone above and beyond to make me feel comfortable and part of the Rimor family even though I have worked here for a short period of time.They have been respectful and upfront about this project, so I hope you will honor their current request to obtain COs on the finished homes and to open up Phase 2. This will allow homeowners,who are currently renting places locally,to finally move into their homes. Expediting the opening of Phase 2 will only benefit the community by speeding up the process. I hope you take these things into consideration. Thank you for your time, Hannah Matthaei Hannah Matthaei Sales Office (631)735-9300 Harvest-Pointe a w. RECEIVED From: Henry Alia <teamalia65@gmail.com> ~~~ rd _ ,�M. N�anni��p oa��._._� Sent: Monday,January 21, 2019 3:16 PM To: Michaelis,Jessica Subject: The Heritage aka Harvest Pointe - 1/14/2019 public hearing statement and list of units under construction Attachments: Harvest Pointe - 1142019 public hearing .pdf; Harvest Pointe - Units sold, in contract negotiations and modelssales office.pdf Hi Jessica, Please find attached our statement made during the public hearing along with the list of units under construction that are either sold, in contact negotiations or serve as our models and sales office. We would like both of these to go on record. Thank you in advance. Regards, Henry t c RECEIVED�. .. Harvest Pointe — planning board public hearing 1/14/2019 Plai�"�Ning Board Good evening members of the planning board, the planning director and staff and thank you for allowing me the opportunity to discuss our request to amend the covenants and conditions for the approved site plan formerly known as the Heritage at Cutchogue. For those of you who do not know who I am my name is Henry Alia and I am the Project Manager for Rimor Development the developer of Harvest Pointe at Cutchogue. Currently we have 30 of the 34 units in Phase 1 under construction. 26 of those units are sold and 4 units are completed and serve as our models and sales office. In addition, 2 more units are in contract negotiations. Our Clubhouse is complete and fully furnished and has been inspected by the building, engineering, electrical and fire marshal departments within the Town of Southold. We are currently awaiting Health Department approval to submit the necessary documents to obtain a certificate of occupancy. (*received health dept. approval on the models, sales office, 8 A units and the Clubhouse on 1/15/2019) The covenants we are requesting to be amended are as follows: that the Clubhouse and swimming pool amenities must receive certificates of occupancy before any residential units receive certificates of occupancy and that 75% of the certificates of occupancy for Phase 1 must be completed prior to receiving building permits to begin Phase 2 of the project. The first amendment we are requesting is to allow residences in Phase I to be issued certificates of occupancy prior to the pool and Clubhouse receiving the same At this time it appears that a certificate of occupancy is eminent on the Clubhouse and therefore it is not a factor in our request. However, since the swimming pool will not be used due to the time of year we do not want our buyers to be delayed from obtaining certificates of occupancy and subsequently closing on their homes. Let it be noted that the Gunite of the pool has been completed as well as most of the patio, BBQ area, fire pit, etc. in preparation to be operational prior to Memorial Day. The second amendment requested is that 75% of the residences in prior phases be either in contract, sold or have c of o's before starting work in the next phase. This will allow the developer to continue to sell units and continue construction so there are no stoppages and the development of the property will not be delayed. I believe this to be something the community would favor as it would mean that the trucks, earth moving, and heavy construction, etc. would come to an end sooner rather than later. I would like to note that in October 2017 a resolution was approved allowing the developer to clear in Phases 2, 3 and 4 in order to obtain fill to properly backfill and grade units excavated in Phase 1. Thus, most of the clearing and use of heavy equipment and trucking has already been completed in these future phases. Lastly, and most importantly, several emails have been circulating throughout the neighboring community. Unfortunately, all of the information contained within those a mails is untrue. As I have previously stated — 26 units are currently sold and in contract, not 10. 8 of those units are the larger 2000 sq. ft. units and 4 of which are close to obtaining certificates of occupancy, not none . Cash flow is not and has never been an issue and the developer is outraged by this comment. False statements such as these are the reasons for negative publicity which can equate to stagnant sales something I do not believe the community wants. It's unfortunate that some neigh boring residents would question someone's financial status without even knowing any facts. Why would the developer even ask for the ability to construct units in the latter phases if they had no money to do so?? Any request to build larger units has not been submitted. This includes reducing square footage in garages or basements to increase the square footage of living space. The Planning Board can confirm this. The current design and floor plans have been well received as shown by our sales and foot traffic. We have heard no comments of poor design. We welcome any of you to see for yourselves and make your own decisions as opposed to listening to one or two opinions. Again, I would like to thank you for an opportunity to speak before the board and will answer any questions that you may have. 4z H N \-I N C V+ v v m m n n n h h h n n n a0 W o0 00 00 a0 a0 00 00 00 00 00 00 00 00 +1 ++ O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N CJ N N N N N N N N N N N N N N N N N N N N N N N N N + N N w \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ u C C m m h N Q1 O H H I..PI lD Q1 00 O1 M M n h tT lD H ra \ \ \ N \ \ \ \ \ \ \ O \ \ \ C C C U 00 00 00 00 00 r-I H m h I� n h n 00 00 °1 e-I O O O N Ou m CD V 0J E LA O H O +1 y ,Q -be ; F- O_ m LU M CC w OC vai m L L C 1CJ v�i N O LLJ � '= N C m cu N m u u Q1 m u vi c f0 al m L !� C m O N I- Z Q Z � O � � l7 u � v m � q 0 0in y a o� s � LA o m L'im .a m c rcn s m C O M +� y °2S c a n c L7 bLo Q a m � v 2 v c -c c p Ir = I- cn ro j Y v v a�i = o m ai cif t � m � o � c � � c � _ uc c c s c c L u c c v c ,� +� L ,� v c u m 2 Q +� m a1 +� +' — C L t L t — N N �' 'O -c C m O m L m O f0 O O O O L L m O O t, y w lz U w a Q U l� -, m a w (7 d J u LL LID Im ro m Gl w ? C! 4J p N al 41 p p j m L O O m O 'O J J J J J J m M m m Gl m 41 f0 m C C LL C LL. C 2 LL. LL a H N N H N H N N N N `�' t4 Q a Q Q 00 0 0 0 m m m m m m Q m U m u m m u m u m m m m M w mn h r- n r-4 �� O-I N r1 H 00 � H H r-I N N o0 rl M ty r., N OFFICE LOCATION: °' ;. MAILING ADDRESS: Town Hall Annexe �'m P.O. Box 1179 54375 State Route 25 �� n,� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 �+ www.southoldtownny.gov a PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 18, 2019 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Architectural Changes Residential Site Plan for The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: The Planning Board reviewed your request to add a new architectural design, known as Model D, to the approved architectural plans for the site plan referenced above, as well as the request to add screens to the patios/porches in the rear of the residential units, at the buyers' option. The Model D plans have been approved by the Planning Board as submitted and are subject to the conditions of site plan approval. The Board has placed an approval stamp on the Model D architectural plans and filed them with the other approved plans. Further, regarding placement of the Model D units on the site, the Board has approved that a Model D unit is interchangeable with any individual Model B unit, either as attached to another Model D or a Model B. The Board has approved the optional screening in of the back patios/porches on the residential units, with the following conditions: 1. Only to cover the rear covered patios/porches shown on approved plans. 2. The screened-in patios/porches remain unconditioned space. 3. No solid walls or portions of walls. 4. No glass, Plexiglas or other solid material in the windows. 5. No plastic or similar in the windows patio door. 6. The patio door's panels are screen, and not of solid material. Southold Town Planning Board Page 2 January 18, 2019 If you have any questions, please contact the Planning Department at 631-765-1938. Sincerely, Heather Lanza, AICP Town Planning Director cc: Michael Verity, Chief Building Inspector Amanda Nunemaker, Building Permits Examiner Southold Planning Department Staff Report Site Plan Application Work Session — Review for Final CO Date January 14, 2019 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Community Center Applicant: Date of Submission: Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Rd. Hamlet: Cutchogue Zoning District: II. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site.- Building Size 6,188 gross sq. ft. III: Analysis 1. With reference to the final site inspection conducted January 14, 2019: 1. Site plan elements: a. Community Center: Staff: constructed as approved; b. Parking area: i. Asphalt parking area constructed as approved with open grate drywells for storm water drainage; ii. Loading area not completed; iii. Four (4) ADA parking stalls not constructed / completed: 1. Appropriate signage; 2. Striping of stalls and loading areas; c. Exterior Lighting: N i. Building exterior lighting constructed as approved with exception of six (6) fixtures where the bulbs are visible through glass fixture; ii. One (1) pole light fixtures in pool area not constructed; d. Landscaping: i. Shade trees constructed as approved, not all seeding completed in proximity of community center building; V: Staff Recommendations Prior to supporting the issuance of a Certificate of Occupancy (CO) consider the following items: 1. Striping of parking stalls, ADA compliant stalls (and signage), traffic flow arrows and traffic markings; 2. Consider additional exterior light fixtures at the front entrance as an "as-built" change or require the applicant to change/shield the fixtures; 3. Require the completion of all seeding and plantings by June 1, 2019; WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, January 14, 2019 4:00 p.m. Southold Town Meeting Hall 2:30 p.m. Executive Session — Advice from Town Attorney 4:00 p.m. Applications Project Name: The Heritageg at Cutcho ue 2015 Harvest SCTM#:I 1000-102-1-33 3 Pointe) 1_ Location 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This proposed Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements,'on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning Dlisltrict.1111 Approved with Con" Status: e,. Epp dtiitions Action; ; Review new proposed model D unit Attachment Staff Report Project Name: y Vineyard View SCTM#: j 1000-40-3-1 . . Location: a 62600 CR 48, Greenport Description: P This proposed Residential Site Plan is for 50 multiple dwelling units in seven buildings. All units are proposed to be offered for rent at rates set by the federal government for affordability for the next 50 years. The plan includes 14 one-bedroom units, 22 two-bedroom units and 14 three- bedroom units, a 2,769 sq. ft. community center, 102 parking spaces, and various other associated site improvements, on a vacant 17.19-acre parcel of which 9.91 acres will be preserved as open space (5.98 acres upland and 3.93 acres wetlands), in the Hamlet Density (HD) Zoning District located on the s/s of County Road 48 ±1,600' n/e/o Chapel Lane, ! pGreenport. Status: Pending Action. Review Revised Plans & Conditions for a Decision_ e. . ... a .,.. .. _ � Attachments: Staff Report Project Name,: Front Street Offices SCTM#: 1000-45-7-5.3 Location: 75795 Route 25, Greenport Description: This proposed Site Plan application is to demolish an existing two story dwelling and construct a 2,902 sq. ft. one story professional office 1 building and 16 parking stalls on 0.8 acres in the Residential Office (RO) Zoning District Status', Approved Action: Review Final Site Inspection Attachments: Staff Report 5uo-� From: Ellen Coster <moel@aol.com> RECEIVED Sent: Thursday, January 17, 2019 2:41 PM � � �� To: Michaelis, Jessica Subject: Harvest Point Planning Board Consideration is requested to permit a CofO to be issued for my home in Harvest Point. I have been homelesssince July 2018 and our expenses have been rising steadily for rental space and storage. I do not fully understand the reluctance on the part of Southold Government to delay approval for homeowners of phase 1. Respectfully submitted, Ellen Coster and Morris Isaac Sent from my Whone 1 S u. From: rubyshoe@optonline.net �� Sent: Wednesday,January 16, 2019 8:18 PM To: Lanza, Heather ..u.. ._.__........ ..,. Subject: Harvest Pointe J A N 17 2 01 Importance• High tnong Board o Nan A d^ Good evening Ms. Lanza, I am requesting on behalf of my parents, Charles and Rose Salice, and myself, that the Town of Southold Planning Department allow Certificates of Occupancy to be issued for the two (2) homes we have purchased in Phase 1 of Harvest Pointe. Any further delays in taking occupancy will result in a tremendous hardship for my elderly parents who will soon be required vacate their home. I have the financial burden of renting back my current residence from the purchaser and will also be required to vacate in the near future. As a family that has resided in the Town of Southold for over 20 years, we are looking forward to moving into our new homes. We appreciate your consideration in this matter. Sincerely, Kathleen Salice From: bkochakababs <bkochakababs@aol.com> RECEIVE..m. Tont. Tuesday, anuary Michael sJJessi a � �15, 2019 11:18 AM �..... .1 019 Subject: [SPAM] - Town hall meeting 1/14/19 u� ] wrt... Planning Board Hi Jessica, My name is Barbara Fontana-Koch and I am a full time resident of Cutchogue. I attended the meeting last night and have a question in regards to the issue with the Heritage development. Why doesn't the town allow the finished homes to be inspected and granted a CO and when the pool is completed and inspected, comes the spring, the builder can obtain the CO for that as well? There is no need for phase 2 to begin until all of phase 1 is complete. But to hold up future residents from moving into their homes because the pool isnt complete seems unreasonable. I have friends on both sides of this issue and truly feel a compromise needs to be met. Thanks for taking the time to read this. I was given your email by my friend Lisa Tettelbach who lives on the neighboring property of The Heritage development. Sincerely, Barbara Fontana-Koch Sent from my iPhone To Southold Town Planning Board on January 14, 2019brn� ' 1 IIiL4�1q P l.Lb L 01- CLAY \Ra I read the "Notice to Adjacent Landowners", the proposed "Amended in Declaration of Covenants and Restrictions" and the agenda for this meeting. I digLLJ not find any reason to change the deal made by the Developer with the Planning " 00 Ui Board, the Town Board and the Court. . UJ I am not saying there is no good reason, there is no reason, period. Why ar1g, . we even considering changing the deal? The Developer should have been required to give a good reason before scheduling a Public Hearing. The Developer has not met the burden of allegation, let alone proof. Without being infoirned of any reason � to change the deal, the public should not be expected to present any reason not to change the deal. There are plenty of people here tonight who have many good reasons why the deal should not be changed. Why did the application end up in court? Over a 50 ft buffer around the high density development to give a tiny buffer for the neighbors. This Developer doesn't care about Cutchogue. All it cares about is how much money it can make. Cutchogue was once a charming place. This development is changing Cutchogue from charming to unfriendly and ugly. I have opposed this development for over 30 years. The Developer has done nothing but lie and try to increase the amount of money it is making. If it ever considered the interests of the buyers, the community and the natural environment, then I would have supported that plan. I ask you to please deny the Developer's current application, with an opinion that will recognize the Developer's interest, And will also recognize the neighbor's interests, the natural environment and the character of Cutchogue. Thank You in advance for your anticipated courtesy and consideration, Nancy Sawastynowicz , . M " �a : 7 u� 61e, �"' �w From: Tom Wacker <tomwackerl@gmail.com> Sent: Monday, January 14, 2019 11:00 AM To. Michaelis, Jessica; Palmeri, Allison RECEIVED m.......__.._.... ............____.._.,....�.. Cc: Isabel Wacker;Tom Wacker I Subject: [SPAM] - Herigate application hearing 1-14-18 A '4'� Attachments: Heritage application 1-14-18.pdf �o�bt6 Y To,,wn Planning Board Dear Ms. Michaelis, Please deliver the attached letter concerning the Heritage project in Cutchogue to all of the planning board members. Thank you-Tom Wacker i Facsimile transmission Please deliver immediately To: Southold Town Planning Board Donald Wilcenski Pierce Rafferty Mary Eisenstein James Rich Martin Siclor From:Tom and Isabel Wacker Re: Proposed Amendment to Covenants relating to The Heritage at Cutchogue Date: January 14, 2019 Fax Number: 631-765-3136 Pnone Number: 631-765-1938 Gentlemen and Ladies: We are transmitting a letter relating to the proposed amendment to covenants restricting the development of the Heritage of Cutchogue. As we have just now heard of these proposed amendments, we are unable to attend the meeting this evening. Please consider our concerns, Best regards, Tom and Isabel Wacker y�.. .�.�..��I Tom and Isabel Wacker 760 Old Pasture Road 2 i Cutchogue, New York 11935 "'� rya y� R1 ( h - 917-306-7046 Planning Board mTy 917-755-4802 �— VIA Facsimile—631-765-3136 Southold Town Planning Board 54375 Main Road P.O. Box 1179 Southold, New York 11971 Re: Heritage at Cutch ue aka Harvest Pointe Gentlemen: We are writing to express our dismay and opposition to the proposed amendments to the conditions and covenants applicable to the development of the Heritage at Cutchogue. The covenants in question are there to protect the community from the overzealous building of a development that could ultimately fail. By substituting a requirement that 75% of the prior phase be under contract of sale for the current requirement that these homes be actually completed (with a C of O), you will be diminishing the protections to the community. There is no process in place to determine the validity of any alleged contracts of sale and, even if valid, we all know that a lot can happen between the signing of a contract and the closing — especially in these uncertain times for real estate. The covenants now in place protect against unscrupulous builders who begin a project and, when it falters, ask for concessions from the community later. This, unfortunately, is all too common in some communities. We don't need to take that risk in our community, especially for a development that was so widely opposed. We have a deal and we should stick to it. Alternatively, your consideration of any change to the covenants should only be undertaken as part of a comprehensive renegotiation of the size of this development. Any concessions to the developers should be offset by concessions to the community which will bear the negative environmental and traffic effects of a development this size. We see no good reason for the proposed amendment. We urge you to view the video released last October(which is on the Harvest Pointe website) in which Jeff Rimland states that they should reach the 75%C of O requirement by February/March and that they will be preselling Phase Two by now. So, assuming he's not lying to these people, why the amendment? Is there any benefit to the community as a result of the amendment? We think not. Sincerely, Wig, tA L-,yvv�:j\,bc Submission Without a Cover Letter Sender: S\ne<-( Subject: C,,., �ockxt 12 �o�r��> SCTM#: 1000 - Date: \ 1 \ k lo� Comments: C AFFIDAVIT OF POSTING This is to serve tics that I person y posted the 7;,ty known as 45.44 by placing the Town's of lcial poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has rem in II in place for seven days prior to the date of the public hearing on 7 ()I . I have sent notices by erti ed mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of re rd of ev r props t , w "' h ab is nd every proper which i across o w 1Z Your Name (print) ° Signature Address Date Notary Public JANE C COHEN Notary Public - State of New York N0. 01006333267 Qualified in Suffolk County M Commission Expires pires Nov 16, 2019 � � , PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon Fri. 1/11/19 Re: Residential Site Plan for The Heritage at Cutcho ue aka Harvest Pointe SCTM#s: 1000-102.-1-33.3 Date of Public Hearing: Monday, January 14 201 :03 p.m. Notice to Adjacent Property Owners The Heritage at Cutchogue 75 Schoolhouse Road, Cutchogue SCTM#1000-102-1-33.3 102123.1 -Ckv,�,(Yes V2. 102.4-9.2 - /3. 102-1-5.2 /4. 102-1-406 evoA Lebek v'5. 102...1...407 /6. 102 1-4.,8 -Ck)ur3�C6 v/7, 1024 4.9 -Virice �Arwavd V& 102...1 14 ".Di e 0 ckS*.�W U,C \1 9. 102 118,1 -_RCC -'z0ffe<S\4-6"A' f-A \/I(). 102-1-33A -Avj,.L-rD vlll, 102-1-20 ,/12. 102-8-22 - b4e/ V'11 102-8-23 - vfck CoLx_ /14, 102-8-24 -?bc��k \/15. 102-8-25 - Mc Doa"e_u V 1& 102-8-26 V17. 102-8-27 V18. 102-8-28 -VU011-arn Vele, /19, 102 8.29 -S4f-ven V/M 102... ...30 B" . n m � r - uw H C0 ' T' O W 0m o V (T � = pu1m Ium CO C m O (^J a ��. -0Er ., m wm O E' O n ? 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Adi.JQ Slg,irordUM llV¢.oriuO�:Wantt 6'Vrob+rmU r �> ✓'.. M .° Er "t3ftP 6M�d... fit5 �h rc c i i^M .. .. p AMA �ffAt,fa'rp1 f10"i"IMA V,---.. a '4 Submission Without a Cover Letter a _ JAN 2 2—ot9 scwwiaid Town Sender: ��T \ (�rQIM' Piann�ncrBaard Subject: 4 f � au _ SCTM#: 1000 - Date: Comments: IAN 2. :2 aiCJ lJ suutl4d i'n!+in I'l2nrioi AMENDED DECLARATION OF COVENANTS AND RESTRICTI AMENDELL: DECLARATION made this day of 2019SeptembeF, 2, by RIMOR DEVELOPMENT LLC, a New York limited liability company with a place of business located at 1721 D North Ocean Avenue, Medford, New York 11763, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate at the northwest corner of Schoolhouse Road and Griffing Street, at Cutchogue, in the Town of Southold, County of Suffolk, and State of New York (Suffolk County Tax Map parcel number 1000-102-1-33.3), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the DECLARANT has made an application to the Planning Board of the Town of Southold (hereinafter referred to as the "Planning Board") for a residential site plan to include 124 condominium units and associated accessory structures, hereinafter referred to as the "Project," as shown on the approved site plan entitled "Harvest Pointe" (aka "Heritage at Cutchogue"), prepared by VHB Engineering, Surveying & Landscape Architecture, P.C., last dated August 30, 2017, and including 43 pages, and hereinafter referred to as the "Site Plan"; and WHEREAS, a digital copy of the Site Plan is available for reference from the Town of Southold (hereinafter referred to as the "Town"); and WHEREAS, as a condition of granting approval of the Site Plan, and pursuant to a further Planning Board resolution adopter! 2019, the Planning Board has required that this Amended Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the development of the Property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, as a condition of approval of the Site Plan and to further the Town's goals of land preservation, the Planning Board has found that 50% of the land area of the Property shall be preserved as open space, and has required that these covenants include specific restrictions over the open space portion of the Property, as shown on the aforementioned Site Plan, on Page OS-1; and WHEREAS, pursuant to § 280-97 of the Code of the Town (hereinafter referred to as the "Town Code"), entitled Right to farm, the Town has determined that farming is an essential activity within the Town, and that farmers shall have the right to farm in the Town without undue interference from adjacent landowners or users; and, for the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property. NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. There shall be no subdivision of the Property resulting in additional building lots (this prohibition of subdivision shall not apply to condominium unit designation maps). No lot lines shall be changed unless authorized by the Planning Board by a majority-plus-one vote after a public hearing. 2. Until such time as the DECLARANT has paid in full the $2,000,000 fee specified in Paragraph 25 of the "Stipulation of Settlement" in NOCRO, Ltd., et al. v. Scott A. Russell, et al., Suffolk County Supreme Court Index No. 2 19101/2009, which was "so-ordered" by Justice Jerry Garguilo on September 25, 2014, the DECLARANT shall provide the Town Clerk with written notice of any sale or transfer of any portion of the Property, and any such sale or transfer must be expressly made subject to the terms and provisions of the "so-ordered" "Stipulation of Settlement," as same may be amended. 3. The Project shall be constructed in four phases, according to the Construction Phasing Plan approved for the Project by the Planning Board, unless otherwise approved by the Planning Board. Prior to commencement of Phases 2, 3, or 4 of the Project, Gef-Hficates at ^(GC.UpaFW4 _d�"a ha asseed feFat least 75% of the units included in the prior phase shall either (a) have been issued certificates of occupancy, or (b) be under contract to be sold. 4. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan, including the architectural drawings, except where the Site Plan is amended by a majority-plus-one vote of the Planning Board after a public hearing. 5. The occupancy of all the residential units on the Property is limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 6. The clubhouse and grounds are for the personal enjoyment of the occupants of units in Harvest Pointe and their family members, and shall not be rented or leased for use by non-occupants for special events, including, but not limited to, weddings, fund-raisers and parties. 3 7. There shall be no more than 124 dwelling units. Accessory apartments are not permitted. 8. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 9. Low-flow plumbing fixtures shall be used within the residential units and the community building on the Property. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet (i.e., 219,076 square feet of livable floor area plus a maximum increase of 125 square feet in each unit, with no expansion of the footprint of such unit), except that the Planning Board may approve additional square footage in "B" units, with no expansion of the footprints of such units, provided that the total livable floor area of all residential units on the Property shall not exceed 245,000 square feet. Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services ("SCDHS"). "Livable floor area," for the purposes of this Amended Declaration, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor 4 area on the Property does not exceed the amounts set forth in Paragraph 10, above. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11, above. 14.Construction of all buildings on the Property shall comply with the New York State Energy Conservation Construction Code. 15.Prior to issuance of certificates of occupancy for any residential units on the Property: a. i certificate of occupancy shall have been issued for the clubhouse; k on the Property sha�-b'—" Gena eted; issued;a-nd a for these amenities shall be and b. all site work and infrastructure servicing any t1:w, residential unit to receive a certificate of occupancy must be completed in accordance with the Site Plan, and to the satisfaction of the Planning Board. 16.Owners of residential units on the Property shall be given notice as to proper methods for disposal for pharmaceuticals and shall be instructed not to dispose of such materials in the wastewater disposal system on the Property. 17.A total of$2,000,000.00 shall be payable by the DECLARANT for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town 5 upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. 18.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Property until such time as a condominium owners association takes over the management of the Property; and C. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 19.All exterior lighting on the Property, including lighting on the residential units, shall comply with (a) the provisions of Chapter 172 of the Town Code, and (b) the Lighting Plan pages of the Site Plan. Any future exterior light fixtures not shown on the Site Plan must be reviewed for compliance and approved by the Planning Board prior to installation. There shall be no lights on the tennis court on the Property. 20.An entrance gate is not permitted, and the entrance booth shall not be staffed, except with prior approval of the Planning Board after a public 6 hearing. The entrance booth may be staffed during construction of the Project. 21.A nature trail, constructed of pervious material, shall be installed and maintained on the Property, as shown on the Site Plan. 22.Bike racks shall be provided at the community center and the tennis court on the Property. 23.The emergency access for the Property at Bridle Lane shall be used for emergency access only, and shall not be used for any other traffic, including construction traffic. 24.Parking shall be restricted to one side of each of the access roadways on the Property, and there shall be no overnight parking on such roadways. 25.The DECLARANT acknowledges that the Site Plan is within 500 feet of land in agricultural use. All owners and future owners of the condominiums are hereby provided notice of protected farm practices pursuant to the Town Code Farmland Bill of Rights. Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground spraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers); raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing farm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water; pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training of laborers and others in the use and care of farm 7 equipment and animals; traveling local roads in properly-marked vehicles; and providing local farm produce markets near farming areas. These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays and weekends, at night and in the day. Such activities are presumed to be reasonable. Such activities do not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare. 26.All stormwater management and drainage controls shall be maintained in perpetuity as required and shown on the Site Plan. 27.All stormwater run-off resulting from the development of the Site Plan shall be retained on site and shall be the responsibility of the Property owner to manage. 28.Utilities on the Property, including but not limited to electric, gas, telephone and cable, shall be underground. 29.Landscaping Maintenance: All plantings, landscaping, and landscape maintenance must follow the Site Plan specifications on Pages L-1 through L- 6. In particular, there is a detailed Landscape Management Plan on Page L-1 of the Site Plan. 30.All trees shall be maintained as shown on the Site Plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size shown on the Site Plan, Pages L-1, L-2, or L-3. Any change in species must be approved in writing by the Planning Board. 31.A natural, vegetated buffer, hereinafter referred to as the "Natural Buffer", shall be maintained on the Property's perimeter, at the dimensions shown on 8 the Site Plan, for the purpose of providing substantial visual screening and providing natural wildlife habitat. The Natural Buffer shall be maintained to provide a dense double row of evergreens with supplemental plantings of native evergreens to be added where substantial visual screening does not exist naturally, or where existing trees have died. The Natural Buffer is part of the Open Space and specific restrictions are included below. 32.The areas on Site Plan Pages L-2 and L-3 labeled as "Seed Mix U shall be managed for native vegetation and wildlife habitat. 33.All planted/transplanted vegetation on the Property shall survive at least three (3) years from the time each phase of the Project is completed, or shall be replaced at the expense of the Project developer. After such three (3) years, the condominium association shall be responsible for maintaining the vegetation approved in the Site Plan. 34.With respect to irrigation on the Property: a. overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; e. water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the 9 pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. all irrigation wells shall include a meter to monitor the use of water for irrigation, and a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 35.Synthetic herbicides and pesticides shall not be applied on the Property except in cases where organic methods are shown to be ineffective, and a written statement is provided by an entomologist, plant pathologist, weed scientist, and/or qualified landscape professional stating that chemical treatment(s) are the only effective measure(s) for control or eradication for a particular incident of plants or pests. This written statement, together with a map showing the proposed location(s) of the problem area(s), must be submitted to the Planning Board prior to the application of the herbicide(s) or pesticide(s). All applications of herbicides or pesticides shall be made by a New York State Department of Environmental Conservation Certified Pesticide Applicator. 36.With respect to the use of fertilizer on the Property: a. fertilizer shall be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary; b. only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and a minimum 50% of Water-Insoluble Nitrogen (WIN) shall be used; and c. fertilizer shall be applied, in any application, at a maximum rate of one (1) pound of nitrogen per 1,000 square feet of land area, and no more than two (2) pounds of nitrogen per 1,000 square feet of land area shall be applied in any calendar year. 37.Open Space Prohibited and Permitted Uses The Open Space area is required to be at least 50% of the land area of the Property, and consists of a total of 23 acres, as shown on Page OS-1 of the 10 Site Plan. The restrictions on the future uses of the Open Space, including the Natural Buffer, are as follows. Prohibited a. Vegetation Removal or Disturbance The mowing, cutting, clearing, removal or disturbance of vegetation, including trees, shrubs, and groundcover, is prohibited, except as permitted below. b. Structures No buildings or other structures or improvements may be erected or constructed, except as permitted below. c. Excavation, grading, removal of materials and mining are prohibited, except where necessary for permitted activities. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal from the site of topsoil, sand, or other materials shall not take place. The topography shall not be changed except as approved by the Planning Board on the Site Plan, and there is no grading or excavation permitted in the Natural Buffer, except the minimum amount of digging necessary to create planting holes for evergreens as required to maintain a densely-vegetated screen. d. Motorized vehicles The use of motorized vehicles within the Open Space area is prohibited, including, but not limited to, recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's), except for lawn mowers and similar maintenance equipment. e. Soil and Water 11 Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. f. Dumping The dumping or accumulation of unsightly or offensive materials, including, but not limited to, trash, garbage, sawdust, ashes or chemical waste, is prohibited. g. Utilities The creation or placement of overhead utility transmission lines and utility poles is prohibited. Underground utilities are permitted, except in the Natural Buffer. h. Other Uses The use of the Open Space for any commercial or industrial purpose is prohibited. Other uses not permitted include paintball, shooting ranges, swimming pools, wireless facilities or cell towers, and all uses that are not consistent with the purposes of these covenants. L Development Rights The use of the acreage of this Open Space for purposes of calculating lot yield on any other property is prohibited. All existing development rights, and any further development rights that may be created through a rezoning of the Open Space, except those required to carry out the permitted uses of and activities on the Open Space, are terminated and extinguished and may not be used or transferred to any other parcels. Permitted a. Landscape Maintenance 12 (1) Areas labeled 'Natural Buffer' (a) Clearing for the installation and maintenance of the Nature Trail as shown on the Site Plan. The exact location of the trail shall be adjusted during installation to avoid the removal of trees. (b) The only vegetation allowed to be disturbed or removed are noxious or invasive plants and vines, but they must be hand- pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species that does not disturb existing native plantings is permitted without prior Planning Board approval. (c) The Natural Buffer may be supplemented or re-planted with native vegetation plantings according to the approved landscape plans in the Site Plan, or according to a re- vegetation plan with prior written consent of the Planning Board. (d) Dead or diseased trees that are a potential hazard to residences or people may be removed with prior approval from the Planning Board, and with a report from a certified arborist that the tree is dead or diseased. (e) Notwithstanding the foregoing, a dead or diseased tree that, in the opinion of a certified arborist, represents an imminent threat to structures or people may be removed without prior Planning Board approval, and the arborist shall submit a report of any such removal to the Planning Board within one business day after such removal. 13 (f) Any tree removed, as set forth above, shall be replaced with a tree of a size and species listed on the Planning Board's list of approved trees. (2) Areas labeled `Seed Mix C' on Site Plan Pages L-2 & L-3 (a) Maintenance of these areas as natural native meadow habitat. (b) Mowing is permitted as follows: i. there shall be no mowing from May through October 15 to avoid turtles and other wildlife; ii. mowing shall not be performed more than once a year after October 15; iii. mowing with flail mower heads with guide bars that ride along the ground shall be avoided; iv. no less than seven (7) inches of stubble height shall be retained to retain important cover for animals, and to reduce mortality of turtles; V. mowing shall be in a pattern from the center outward, to avoid congregating fleeing animals into the center; and vi. removal of noxious or invasive plants and vines is permitted, but they shall be hand-pulled, hand-cut, cut with machinery selective enough to keep nearby plants intact to the greatest extent practicable, or treated with organic herbicides only, except as set forth in Paragraph 35, above. (c) Substitutions of species are permitted, with prior written approval from the Planning Board after a finding that the species are native and drought-tolerant. (d) Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species, and selective 14 application of organic herbicide or pesticide that does not disturb existing native plantings is permitted without prior Planning Board approval. (3) Other areas of Open Space (not including the Natural Buffer and areas labeled Seed Mix C): (a) All typical landscape maintenance activities are permitted. (b) Vegetation may be removed and replanted according to the Site Plan with no prior approval from the Planning Board. (c) Substitutions of species are permitted, so long as at least 50% of the plants in the non-turf areas are native species with moderate to high drought tolerance. All trees must be maintained as shown on the Site Plan. b. A fence along the Property boundary, with prior Planning Board approval required prior to installation, except for repair or replacement in kind, which shall not require prior Planning Board approval. Clearing for a fence line must avoid and preserve any trees of six (6) inches diameter at breast height (dbh) or larger, and must avoid removal of the evergreens in the Natural Buffer. c. "Passive outdoor recreation," defined as dispersed, noncommercial, and non-motorized recreational activities that do not rely on buildings and have minimal impact on natural resources, is permitted. Such uses include hiking, a nature trail as shown on the Site Plan, nature observation, picnicking, cross-country skiing, snowshoeing, bird watching, and enjoyment of open space. d. Structures: a gazebo as shown on the Site Plan; solar panels as permitted by the Town Code, and only with prior Planning Board approval after a public hearing; and park benches and picnic tables, 15 without prior approval of the Planning Board; except no structures are permitted in the areas labeled Seed Mix C or the Natural Buffer other than portions of the pedestrian path as shown on the Site Plan. e. Water supply and sewage disposal systems, and stormwater detention areas as shown on the Site Plan, are permitted; however, they shall not be located in the Natural Buffer. Stormwater detention areas must be designed, landscaped, and available for use as an integral part of the Open Space area. This "Amended Declaration of Covenants and Restrictions" supercedes the prior "Declaration of Covenants and Restrictions," dated the 19th day of September, 2017, that was recorded against the Property in the Office of the Suffolk Countv Clerk, on September 21, 2017, at Liber 12930 of Conveyances. Page 554, and, upon the execution and recordinq of this "Amended Declaration of Covenants and Restrictions" in the Office of the Suffolk County Clerk, the aforesaid prior "Declaration of Covenants and Restrictions," dated the 19th day of September, 2017, and recorded against the Property in the Office of the Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page 554. shall be automatically and immediately annulled, canceled, and of no further force or effect. The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority-plus-one vote of the Planning Board or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, or invalid or be held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or 16 provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the DECLARANT shall pay, either directly or by reimbursement to the Town, all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to 17 impose any liability whatsoever upon the Town or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Amend- Declaration the day and year first above written. DECLARANT RIMOR DEVELOPMENT LLC: By: RIMLANDS INC., Manager By: Jeffrey Rimland, President and MF 2 LLC, Manager By: Robert Morrow, Manager STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) f On this day of Janu i[ySepteRApc4, in the year 20192017, before me personally appeared Jeffrey Rimland, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 18 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) On this day of Janua ��^*der, in the year 20192017, before me personally appeared Robert Morrow, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 19 Schedule A. Legal Description of the Property 20 i li . �.. , ,�I I 1 Suhn ission Without a. Cover Letter � �� i,1,�� d;� ...� Sender: Subject: �; e SCTM#: 1000 - Date: Comments: 4) ,p :sluounuoo -):s1 :01E(l 000i :itw os :JQp ua ........ 7I aano,) v Inoill! iro?ssmign,S "c' �1 o,G o �w i1pg I ,x h s 1 I 0 r V), � �� I I � I V ` ��//f{I��rrr I ✓�/ / ��t-`� `! � ��..,��p ry�Y,:�'d��'k ,�-,�...... 4,tl 47 '47, d I� iV �6 � s. ti i y. 1 I i E y � f � j I rjcl� l r � V r I, r�, t Ilk �a 14 1P AV o .. Y p9 OFFICE LOCA ION: MAILING ADDRESS: Town Hall Annex so, P.O. Box 1179 Southold, NY 11971 54375 State Route 25 ""� �01� (cor.Main Rd. &Youngs Ave.) JW Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov Cow V PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 18, 2018 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Residential Site Plan for The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: As you know, the Planning Board has scheduled a public hearing for January 14, 2019 to consider changes to the recorded covenants and restrictions for the project referenced above. Please submit specific draft language changes, in the form of an amended covenants and restrictions document, to the Planning Board by December 28, 2018 (two weeks prior to the hearing) for their consideration. Should you have any questions, please contact the planning department. Sincerely, Heather Lanza, AICP Town Planning Director OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex p�� P.U. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY � www.southoldtownny.gov , 1jj PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Bond Reduction Approved Residential Site Plan for The Heritage at Cutchogue, aka Harvest Pointe 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue Zoning District: HD Dear Mr. Alia: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 3, 2018: WHEREAS, this proposed Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in Cutchogue; and WHEREAS, on April 10, 2017 the Planning Board resolved to accept the bond for the Heritage at Cutchogue in the amount of$150,014.00, and recommended the same to the Southold Town Board; and WHEREAS, on April 11, 2017, the Southold Town Board accepted the bond, as described above, by resolution #2017-341; and WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a request to reduce the Bond amount from $150,014 to $39,908; and WHEREAS, on November 5, 2018, the Planning Board reviewed this request and determined that the reduced amount was not sufficient, and must be increased to $75,825; be it therefore RESOLVED, that the Planning Board hereby accepts a reduction in the bond amount from $150,014 to $75,825 for the Heritage at Cutchogue and recommends that the Town Board accepts the reduced bond amount. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, r Donald J. Wilcenski Chairman Cc: William Duffy, Town Attorney Elizabeth Neville, Town Clerk OFFICE LOCATION: ar,r MAILING ADDRESS: Town Hall Annex '� � °° P.U. Box 1179 54375 State Route 25 w" "o, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) �� y Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Set Hearing to Amend Conditions and Covenants Approved Residential Site Plan for The Heritage at Cutchogue, aka Harvest Pointe 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue Zoning District: HD Dear Mr. Alia: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 3, 2018: WHEREAS, this site plan for 124 residential units was approved on September 20, 2017 with a number of conditions, many of which were also recorded as covenants and restrictions that run with the land; and WHEREAS, the applicant has requested that the following covenants be amended as follow: Item 3.. The Project shall be constructed in four phases, according to the Construction Phasing Plan approved for the Project by the Planning Board, unless otherwise approved by the Planning Board. Prior to commencement of Phases 2, 3 or 4 of the Project, certificates of occupancy shall have been issued for at least 75 % of the units include in the prior phase. Requested amendment: Allow construction to begin for units in Phases 2, 3 and 4 prior to 75% of the certificates of occupancy being received for units in prior phases. Item 15. Prior to issuance of certificates of occupancy for any residential units on the Property: a. the clubhouse, pool and associated site work on the Property shall be completed, and a certificate of occupancy for those amenities shall be issued. Requested amendment: Allow certificates of occupancy for residential units to be issued prior to certificates of occupancy being issued for the clubhouse and the pool; and WHEREAS, the terms of the covenants state that any consideration of an amendment requires a public hearing before the Planning Board, and that any decision to amend the covenants requires a majority plus one vote; therefore be it RESOLVED, that the Southold Town Planning Board sets MI onday, January 14 2019 at 6:03 p.m. for the public hearing regarding an amendment to the conditions and covenants of the site plan approval referenced above. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, for the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, January 11th. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. A draft of the amended sections of the covenants must be included in the public notices and certified letters to adjacent landowners. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encl. Southold Town Plannin Board Notice to Ad"scent Pro ert 4 wners You are hereby given notice: 1. The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions and covenants for this site plan, which was approved by the Planning Board on August 14, 2017. 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-102-1-33.3; 3. That the property which is the subject of this application is located in the Hamlet Density Zoning District; 4. The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions and covenants for this site plan, which was approved by the Planning Board on August 14„ 2017. Currently the covenants state that the clubhouse and pool amenities must receive certificates of occupancy before any residential units receive certificates of occupancy (c.o,'s), and that 75% of the c,o.'s for Phase One must be completed prior to receiving building permits to begin Phase Two of the project. The owner has requested that the residences in Phase One be allowed to be issued c.o.'s prior to the clubhouse and pool receiving c.o.'s, and that the requirement that 75%, of the units in Phase One receive c.o.'s be reduced or eliminated as a requirement to begin subsequent phases of construction. The covenants state that amendments may be considered only after a public hearing and with a majority plus one vote of the Planning Board The property is located at 75 Schoolhouse Road„ Cutchogue. SCTM#1000-102-1-33.3 5. The covenants require that the Planning 'Board conduct a public hearing to consider an amendment, and that a majority plus one vote would be required to approve it. 6 That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning�Department located in the Town Hall Annex on the corner of Youngs Ave NYS Rte. 25„ Southold (2 l i., former Capital One Bank), If you have any questions, you can call the Planning Board Office at (631)765-1938, Information can also be obtained via the internet. 1. Co to the Town of Southold website ww, outholcf'townnym ; 2. Click on Town Records '1/eblink/Laserfiche icon located on the home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Site Plans", then "Approved"; 5. Click on the SCTM# (tax rna #) of the application (found in #2 above). Or by sending an e-mail message to: Lessio M 0uthp1dtgwnnr goy; on 6. That a public hears Meltbe Hal at Southold Toweld on the matter byn HallaMa ngRo dBoar�Southold�lthat3a notice of s2019 uch at 6.03 rn. in th hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: The Heritage at Cutchogue, LLC Date: 12/18/18 Notice to Adjacent Property Owners The Heritage at Cutchogue 75 Schoolhouse Road, Cutchogue SCTM#1000-102-1-33.3 1. 102-1-23.1 2. 102-1-9.2 3. 102-1-5.2 4. 102-1-4.6 5. 102-1-4.7 6. 102-1-4.8 7. 102-1-4.9 8. 102-1-3.4 9. 102-1-18.1 10. 102-1-33.4 11. 102-1-20 12. 102-8-22 13. 102-8-23 14. 102-8-24 15. 102-8-25 16. 102-8-26 17. 102-8-27 18. 102-8-28 19. 102-8-29 20. 102-8-30 ..................... ..,.,.. .... ,,,. �..�....�.. e..�.. ro Hoivv .,urn.w1 Rib r mp A,p,r y d .� ' •�' n Wei �r w k e d a r q w " 6w, . �� r ✓'�PA . a 99 a r ' � `"�„ I � ,� / r� r � ° �,��;°",� �uw ✓ day ryn I � 1 g� I ,.r "� " �, � r �^"��, � w� f��' ✓ M 5 a'�y^n,.� PS � I I I I �d 0 p � fir•� �;� ,r'' ""� � � �,m "�s'� �''��`' � � �" ,b� �:-.�-�.�, � � F k ✓ f �/ f k i'�6 " wrv•u r' A � .111_-...:. rJ i � ny+ .... ........„ Z q V v m p S ,,�rdeF °W �'✓ � a 4 r '�� ',`�'�{y�✓� //p ^��A �k•.� ,,C'�W d f f �p� ! � I� Ili�Yli m IF Vb 4 x xf� a � � s d �� ✓'� '� � III " d' R. IIy �� 6 �jrr pp rIIIII' IIIIIG= � IIII 's I' Lil J ;� , w � u re d a � ,l lI I~U _ � 1 ��d C .1:�_Cv_ B-1„ 1r��C [11"I � :j7�11 ��1 � �Ti � � �� a%�� t'l AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town"s official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seer, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri. 1/11/19 Re: Residential Site Plan for The Heritage at Cutcho ue aka Harvest Pointe SCTM#s: 1000-102.-1-33.3 Date of Public Hearing: Mon Jay, January 14 2019 6:03 .m. rjub�- 11, Harvest Pointe at Cutchogue Rimor Development LLC FTO)c1 3 1. 2T PO Box 908 �a �aL�a�a�q�� Cutchogue, NY 11935 ?re�c Board October 26, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: reduction of the performance bond Dear Mr. Wilcenski, At this time we are requesting a reduction in the performance bond and security agreement for the Heritage at Cutchogue aka Harvest Pointe from its original total of$150,014.00. The following work listed in the bond estimate revised by the Town on March 27, 2017 is either completed or remaining as noted: Drainage—completed Concrete Curbs—completed Sidewalk—75' of sidewalk remains to be completed at$2,250.00 Asphalt Paving—top course remains to be completed at$7,908.00 Pavement Markings—completed Testing of Stock Piled soil—1 day of testing/15 samples to be taken at$750.00 Excavation, Mixing and Regrading of Stock Piles —3100 cu. Yds. @ $3/cu. Yd. _$9,300.00 Erosion Control—completed Seeding of Regraded Soil— 164,000 sq. ft. @ $0.05 sq. ft. _ $8,200.00 Maintenance, Irrigation and Dust Control -$1,500.00 Security Gates—completed Planting of Natural Buffer—completed Temporary Swales to Mitigate Storm Water on Site—completed Total remaining work to be completed as per original estimate =$29,908 We are respectfully requesting that this current estimate of$29,908.00 be reviewed and approved by the Engineering Department and that an additional $10,000.00 be held in good faith by the developer to complete the remaining work to the Towns approval. This would reduce the performance bond amount to $39,908.00 and we're hopeful that the appropriate department in the Town can issue a letter to the bank regarding the same. Thank you in advance. Rega s, H ry Ali P "sect Mana er Rimor Develo ment ' Southold Planning Department Staff Report Performance Guaranty Reduction Request — Site Plan Date November 5, 2018 Prepared By: Brian Cummings & Heather Lanza Application Information Project Title: The Heritage @ Cutchogue Applicant: Same as above Date of Submission: January 2, 2015 Tax Map Number: 109.-1-33.3 Project Location: 75 Schoolhouse Road Hamlet: Cutchogue Zoning District: HD - Hamlet Density Description of Project Type of Site Plan: Residential Site Plan for condominiums Acreage of Project Site: ±46.17 acres Number of units 124 Other structures Clubhouse, outdoor swimming pool, tennis court, gazebo, 3 parking lots This proposal has been approved for 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). Total maximum livable floor area of residential units equals 219,076 sq.ft; Action to Review Reduction of the Performance Guaranty pursuant to Town Code §280-131 K. Guaranty of performance. (1) Public improvements. A guaranty of performance may be required for all public improvements as part of the conditions of approval. If a guaranty of performance is required, the provisions of Article IX, Bonds and Other Security,[2] shall apply. (2) Other on-site improvements, including, but not limited to, securing the property, buffers, landscaping and/or screening. A guaranty of performance may be required in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the following circumstances: a. Where the application involves a commercial property that abuts or is across any public or private street from a residential property. b. Where the application involves a change or intensification of use that may substantially impact adjacent property owners. At the time of site plan approval, a performance guaranty was required and submitted, both to satisfy some public improvement requirements as outlined in item K (1) above and as 1 Pagc 12 outlined in item K (2), where the main purpose of the bulk of the guarantee is to protect adjacent residences and safely secure the site. Performance Guaranty amount submitted at time of approval = $150,014. Reduction Request submitted October 26, 2018 - reduce bond by $110,106 to $39,908 Analysis of performance guaranty purpose, work completed to date, and future considerations. Most of the items reported as completed in the letter from Henry Alia dated October 26, 2018, have been verified. Several items are recommended by Planning staff to remain as incomplete or only partially completed. These are as follows: Pavement Markings. Original: $250 (stop bars only) Requested amount: $0 Recommendation: Future crosswalk, stop bars when top coat is done. $1,000 Excavation, mixing and regrading of soil stockpiles Original: $40,889 (to cover 17 acres) Requested amount: $9,300 (to cover 3.5 acres) Recommendation: To cover 7 acres (approx. current open areas) $20,445 Seeding of regraded soil Original: $36,800 (17 acres) Requested amount: $8,200 (3.8 acres) Recommendation: To cover 7 acres (approx. current open area) $15,246 Security gate and fencing Original: $2,350 Requested amount: $0 Recommendation: Retain original amount — to be able to fence off open foundations, other safety measures if site was abandoned in current state. $2,350 Natural Buffer Original: $14,550 Requested amount: $0 Recommendation: About half of the area close to the property line where the buffers are required have not yet been cleared and therefore the effectiveness of the natural buffer for screening of the neighbors cannot be assessed. Retain half of the original funds until those areas have been cleared and evaluated for their effectiveness as a buffer. Important to protect neighbors in the event the site is abandoned after clearing those areas. $7,275 Items remaining to be completed as per Henry Alia's letter Sidewalk — 75' $ 2,250 Asphalt Paving — top course in Town road $ 7,908 Testing of Stockpiled soil — 1 day of testing, 15 samples $ 750 Dust control $ 1,500 Total: $58,724 Total original Bond: $150,014 2 Pagc 13 Total proposed Reduced Bond: $39,908 (total above + $10K) Total Recommended Reduced Bond: $58,724 Sidewalk along Griffing Street (570 linear feet) $17,100 Recommendation: Collect this amount prior to the beginning of Phase 4. This amount for the sidewalk, which was included on the original bond estimate at $17,100, should be retained prior to the beginning of Phase 4 or until the sidewalk is constructed. The delayed collection of this part of the performance guarantee is warranted due to the circumstances surrounding the sidewalk construction, which are that the adjacent landowner will construct that sidewalk when they complete their subdivision, but that the Heritage/Harvest Pointe is required to complete it as part of their mitigation under SEQRA if it hasn't been constructed by the time they begin Phase 4. Note: The Planning Board decided to include the sidewalk along Griffing Street in the total amount of performance guaranty to retain. Factors in this decision included the fast pace of development happening at this site, and the lack of progress being made by the owner of the adjacent property on their subdivision. With the amount of$17,100 being retained as a guaranty for the public improvement of the sidewalk, a reduction in the bond amount of $74,109 was recommended. The new performance guaranty amount would be $75,824. Attached: Original Bond Estimate & Bond Reduction request letter dated 10/26/18 from Henry Alia 3 �C p� p i ,14LIrhriec" , N I Harvest Pointe at Cutchogue Ialll, i � ;o ,, ��< Rimor Development LLC PO Box 908 Cutchogue, NY 11935 October 26, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: reduction of the performance bond Dear Mr. Wilcenski, At this time we are requesting a reduction in the performance bond and security agreement for the Heritage at Cutchogue aka Harvest Pointe from its original total of$150,014.00. The following work listed in the bond estimate revised by the Town on March 27, 2017 is either completed or remaining as noted: Drainage—completed Concrete Curbs—completed Sidewalk—75' of sidewalk remains to be completed at$2,250.00 Asphalt Paving—top course remains to be completed at$7,908.00 Pavement Markings—completed Testing of Stock Piled soil—1 day of testing/15 samples to be taken at$750.00 Excavation, Mixing and Regrading of Stock Piles —3100 cu. Yds. @ $3/cu. Yd. = $9,300.00 Erosion Control—completed Seeding of Regraded Soil — 164,000 sq, ft. @ $0.05 sq. ft. =$8,200.00 Maintenance, Irrigation and Dust Control -$1,500.00 Security Gates—completed Planting of Natural Buffer—completed Temporary Swales to Mitigate Storm Water on Site—completed Total remaining work to be completed as per original estimate =$29,908 We are respectfully requesting that this current estimate of$29,908.00 be reviewed and approved by the Engineering Department and that an additional $10,000,00 be held in good faith by the developer to complete the remaining work to the Towns approval. This would reduce the performance bond amount to $39,908.00 and we're hopeful that the appropriate department in the Town can issue a letter to the bank regarding the same. Thank you in advance. mega s, H ry Ali P ject Mana er Rimor Develo ment I-K SCOTT A. RUSSELL � � �� JAMES A. RIGHTER, R.A. s' u � A" SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD ' r TOWN OF SOUTHOLD,NEW YORK 11971 765 1560Fax. (631)u7659Spu.uV1f��^1 �,4w1 I �Ilu�, u, T � 'V 1 S u9 1 V II Iu 1�,�� e. �II�"�i z 4°�,,,�a M llr��l��;f µ ms lwN a 91,, u a OFFICE OF THE ENGINEER 'R uU 5 TOWN OF SOUTHOLD Heritage at Cutchogue Bond Estimate - 3/16/2017 Prepared by Henry Alia, Project Manager, Rimor Development LLC *ALL ITEMS INCLUDE LABOR/MATERIAL Revised by the Town of Southold Engineering Department — 3/27/2017 Off Site Work (Item #1) Drainage - 1 - catch basin - $ 3,500.00 85 linear feet of 18" RCP @ $30.00/If- $ 2,550.00 1 - 10' x 10' x 6' drainage structure - $ 3,000.00 Concrete Curbs — "Type A" - 3,000PSI 445 linear ft. @ $16.00/If- $ 7,120.00 IIII te: 620 ""16 (")ll llll 8,320.00 liiis aloiig rlii[fftiii° St I iii ucte l at tfte wid of 1 o :l Sidewalk - 3,000PSI 75 linear feet x 5' width - 376 sq ft @ $6.00/sq ft - $ 2,250.00 Asphalt Paving - 7,500 sq. ft. @ $5.00/sq. ft. - $ 37,500.00 Pavement Marking - 3 Stop bars - $ 250.00 Sub-Total: $ 56,170.00 *Note: I obit Estliiii t $ 26,420.00 Due to fi of (�'Flvr]I3s & Blinds JIII loiii1 Grifffing S11 IIIIDe coniipleted by iim IIIPowneill, on soattimast oiii,n&ii111. Page 1 of 2 Heritage at Cutchogue Revised Bond Estimate Page 2 of 2 Remaining Work items Testing of Stockpiled Soil (Item #2) 5 days of testing @ $300.00 per day - $ 1,500.00 15 samples per day @ $30.00 per sample - $ 2,250.00 Excavation, Mixing and Re grading of Soil Stockpiles (Items #3 and #5) 736,000 sq. ft. @ 6" depth - 13,630 C.Y. @ $3.00/C.Y. - $ 40,889.00 Erosion Control (Item #4) 2800 linear feet of wire backed silt fence @ $2.00/If- $ 6,600.00 Seeding of Regraded Soil (Item #6) 736,000 sq. ft. @ $0.05/sq.ft. - $ 36,800.00 Maintenance, Irrigation and Dust Control (Item #7 and #8) 1 water truck @ $100 per day for 15 days - $ 1,500.00 Security Gates and Fencing (Item #9) 1 - 30' swing crash gate (2 sections) and chain link fencing at sides totaling approx. 50 linear feet - $ 2,350.00 Planting of Natural Buffer (Item #10) 50 Eastern Red Cedars @ $291.00 each - $ 14,550.00 Temporary Swales to Mitigate Stormwater On site (Item #11) 1 day machine time - bulldozer, bobcat or equal — $ 1,500.00 Sub-Total: $ 93.844.00 Total Bond Estimate as required by the Planning Board: $150,014.00 11ll'' °: Colin E °]iiiii�,�iu a c I t III liiillII be $175,434,00 Wftl'i liiihi l sl n of Ct:rbs & Sidewafl loiii�ig St thatBill Im coiiii,npletedl he endllll project by lllll: IIII°°°Illlerl e IIII' IIII p ii, i Street, IIII: IIII IIII : ownerl on 1,:� IIII'llll' � �1„ side � liii�l: ,, Harvest Pointe at Cutchogue Rimor Development LLC � `° °�r��' PO Box 908 ,;�j,r]. p and Cutchogue, NY 11935 sda�� Cc�•-� -�v�a�� cC�d October 26, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: amending conditions and covenants as per October 22nd work session Dear Mr. Wilcenski, As per our discussions during the Planning Board work session on Monday October 22nd,we are requesting that condition #4 and #18 and the related covenants of the site plan approval dated September 20, 2018 be amended. Please review the following comments pertaining to both conditions. Condition#4—This condition states that the clubhouse, pool and associated site work must be completed and a certificate of occupancy for those amenities be issued prior to certificates of occupancy being issued for the residential units. Although we are progressing relatively quickly on getting the clubhouse and associated site work to a point where we would have the ability to request final inspections, we can not predict when those inspections will be completed and subsequently when we will receive a certificate of occupancy. The residential units are in a similar situation and we would like to able to provide to our buyers the ability to close on their new homes before leaving for the winter. Having the ability to obtain those certificates of occupancy without worrying about the more extensive inspections and paperwork necessary for the clubhouse would be appreciated. In regards to the swimming pool, it would be better suited to complete the construction of the same in the spring where weather is more conducive and in turn we would be ready for a summer opening. We would not want to cause any hardship to our buyers by delaying the ability to obtain certificates of occupancy for their future homes due to the lack of having a certificate of occupancy on the pool. Condition #18—This condition states that at least 75%of the units in the prior phase be issued certificates of occupancy before beginning the next phase. There are thirty-four (34) units in Phase 1 in which we have building permits for twenty-eight (28) of them. Therefore, twenty- five (25) of those units would have to be issued certificates of occupancy before beginning the construction of units in Phase 2. This would mean that we would not be able to start construction of the units in Phase 2 until approximately May 301" of next year when all those units would have obtained certificates of occupancy. We believe it would be in ours, and the Towns, best interest to continue to move forward so that construction does not linger and continues to move at a brisk pace. This will enable the duration of construction activities to be shortened dramatically over the course of the project. As you know, 80%of the area in Phase 2 has already been cleared as per the Planning Board's approval to amend the Phasing Plan on October 17, 2017. This would give us the ability to construct twenty-four(24) out of the thirty (30) units. In addition, we would want to clear the remaining area necessary to construct the six (6) units left in Phase 2 along the westerly property line. Lastly, we would want to continue this process in future phases so there is no stoppage of work and delays in project completion. We are hopeful that the members of the Planning Board are understanding of our concerns and are amicable to our requests. Thank you in advance. Regan H nryA,a ,roject anag Rimor Develop rMLL 5uVD-� �l Qi\A\-�W�T l Harvest Pointe at Cutchog ue 2 1."P 20 Rimor Development LLC PO Box 908 rlia�hu, Ir� �u Cutchogue, NY 11935 October 26, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: amending conditions and covenants as per October 22nd work session Dear Mr. Wilcenski, As per our discussions during the Planning Board work session on Monday October 22nd, we are requesting that condition #4 and #18 and the related covenants of the site plan approval dated September 20, 2018 be amended. Please review the following comments pertaining to both conditions. Condition #4—This condition states that the clubhouse, pool and associated site work must be completed and a certificate of occupancy for those amenities be issued prior to certificates of occupancy being issued for the residential units. Although we are progressing relatively quickly on getting the clubhouse and associated site work to a point where we would have the ability to request final inspections, we can not predict when those inspections will be completed and subsequently when we will receive a certificate of occupancy. The residential units are in a similar situation and we would like to able to provide to our buyers the ability to close on their new homes before leaving for the winter, Having the ability to obtain those certificates of occupancy without worrying about the more extensive inspections and paperwork necessary for the clubhouse would be appreciated. In regards to the swimming pool, it would be better suited to complete the construction of the same in the spring where weather is more conducive and in turn we would be ready for a summer opening. We would not want to cause any hardship to our buyers by delaying the ability to obtain certificates of occupancy for their future homes due to the lack of having a certificate of occupancy on the pool. Condition #18—This condition states that at least 75% of the units in the prior phase be issued certificates of occupancy before beginning the next phase. There are thirty-four(34) units in Phase 1 in which we have building permits for twenty-eight (28) of them. Therefore, twenty- five (25) of those units would have to be issued certificates of occupancy before beginning the construction of units in Phase 2. This would mean that we would not be able to start construction of the units in Phase 2 until approximately May 30th of next year when all those units would have obtained certificates of occupancy. We believe it would be in ours, and the Towns, best interest to continue to move forward so that construction does not linger and continues to move at a brisk pace. This will enable the duration of construction activities to be shortened dramatically over the course of the project. As you know, 80%of the area in Phase 2 has already been cleared as per the Planning Board's approval to amend the Phasing Plan on October 17, 2017. This would give us the ability to construct twenty-four (24) out of the thirty (30) units. In addition, we would want to clear the remaining area necessary to construct the six (6) units left in Phase 2 along the westerly property line. Lastly, we would want to continue this process in future phases so there is no stoppage of work and delays in project completion. We are hopeful that the members of the Planning Board are understanding of our concerns and are amicable to our requests. Thank you in advance. Reg r ` H my A as ,.r'oject snag Rimor Developr 4 n ALL �C p� I �f Harvest Pointe at Cutchogue111 Rimor Development LLC ,� PO Box 908 ,,.., 1�i d Cutchogue, NY 11935 October 26, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: reduction of the performance bond Dear Mr. Wilcenski, At this time we are requesting a reduction in the performance bond and security agreement for the Heritage at Cutchogue aka Harvest Pointe from its original total of$150,014.00. The following work listed in the bond estimate revised by the Town on March 27, 2017 is either completed or remaining as noted: Drainage—completed Concrete Curbs—completed Sidewalk—75' of sidewalk remains to be completed at$2,250.00 Asphalt Paving—top course remains to be completed at$7,908.00 Pavement Markings—completed Testing of Stock Piled soil—1 day of testing/15 samples to be taken at$750.00 Excavation, Mixing and Regrading of Stock Piles —3100 cu. Yds. @ $3/cu. Yd. = $9,300.00 Erosion Control—completed Seeding of Regraded Soil — 164,000 sq, ft. @ $0.05 sq. ft. =$8,200.00 Maintenance, Irrigation and Dust Control -$1,500.00 Security Gates—completed Planting of Natural Buffer—completed Temporary Swales to Mitigate Storm Water on Site—completed Total remaining work to be completed as per original estimate =$29,908 ... _ We are respectfully requesting that this current estimate of$29,908.00 be reviewed and approved by the Engineering Department and that an additional $10,000,00 be held in good faith by the developer to complete the remaining work to the Towns approval. This would reduce the performance bond amount to $39,908.00 and we're hopeful that the appropriate department in the Town can issue a letter to the bank regarding the same. Thank you in advance. mega s, H ry Ali ' P ject Mana er Rimor Develo ment UK,-- Michaelis, Jessica From: Lanza, Heather Sent: Wednesday, September 19, 2018 8:45 AM To: Michaelis,Jessica Subject: FW: Harvest Pointe - meeting with Planning Board at Sept 24th work sessionp�l ��'�tt - Please print for the incoming mail S L, 1 i 2 0 -----Original Message----- From: Henry Alia [ nail-to:teamalia65 -tnail.com] Sent:Tuesday,September 18, 2018 7:28 PM � To: Lanza, Heather<h ther.11ama@town.soLathold.n .us> Subject: Harvest Pointe - meeting with Planning Board at Sept 24th work session Good evening Heather, Upon our site inspection with Brian and Mary, areas of the silt fencing along the perimeter of the site were found to be either not intact or buried.These areas include the property line east and west of the entrance to the site running to the RV park and church property respectively,the easterly property line adjacent to the farm behind units 9 through 26 and an approximate 60' section that would cross the fire access road. We will be repairing the silt fencing along the easterly property line behind the units and are looking into other methods of fencing where construction is completed and landscaping is in place. That being said,we would like to discuss this further with the Planning Board as to what is the intent of the fencing and its placement once a new habitat is established upon the installation of the approved landscaping. In addition, we are asking to meet with the Planning Board at the upcoming September 24th work session to discuss the following items: - obtaining c of o's for the residential units prior to obtaining the c of o for the Clubhouse -obtaining permits and starting work on the units in Phase 2 prior to having c of o's on 75%of the units in Phase 1 -finishing the basements of the residential units as this has been one of the most asked questions of the buyers and potential buyers Regarding basement, we are looking to install electric to code, insulate, sheet rock walls/ceiling and install floor covering. No windows will be added and no bedrooms. We would like to add a 1/2 bath if possible, but are looking into that with our engineer and any possible health department regulations or restrictions. As always, thank you and the board members for your cooperation and understanding. Regards, Henry f,. JHarvest Pointe at Cutchogue Rimor Development LLC I#� J 7it P. 0. Box 908 ...,,... ,.._. Cutchogue, NY 11935 September 1, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: Notice of violation of site plan conditions- residential site plan for the Heritage @ Cutchogue aka Harvest Pointe, 75 Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Mr. Wilcenski, The following actions and comments are in response to the Planning Board's letter dated August 10, 2018 in regards to violations of the site conditions: Condition 21.1-The silt fence barrier has been re installed and repaired as necessary along the perimeter of the areas under construction. Condition 29-The emergency access gate has now been installed as per the approved plans and a chain and lock have been installed on the same. Keys for that lock have been given to the Cutchogue Fire Department.The incident noted in your letter was an isolated incident and no contractor or supplier has been given permission to enter or exit the site at this location.That driver took it upon himself to exit that area and we have notified that supply company to inform their drivers that entering or exiting the site in this location is prohibited. We have had large trailers enter the site from the main entrance on a routine basis to deliver materials required for the construction of the homes- i.e. roof trusses, lumber, roofing, siding, drainage pipe, etc. -without an issue and find no reason to modify the entrance islands at this time. We will however monitor the situation and take the necessary action if needed. Condition 34-We are aware of two instances where "outdoor" work had taken place on site.The first was on Sunday June 10, wherein our excavation contractor needed to pick up his machine and move it to another development.There office did not see any reason to notify us of the same since they were not actually performing work on site.We have informed that company that picking up or dropping off machines is prohibited on Saturdays between Memorial Day and Labor Day and must be done during the week.The second was on Saturday July 14,wherein our plywood installation contractor worked on site without permission. I actually spoke to the foreman in charge that day and informed him of our specific conditions in regards to Saturday work. He was asked to leave the site and did so immediately. If you have any questions or concerns in regards to this response please feel free to contact me at any time. Re gar, Hej is pro Ma Ls iUmor l ev I met LL Harvest poi t t CLhog cell 63167 7 Michaelis, Jessica From: Lanza, Heather Sent: Wednesday, September 19, 2018 8:45 AM To: Michaelis, Jessica Subject: FW: Harvest Pointe - meeting with Planning Board at Sept 24th work session P9dlivL( . ?)c Please print for the incoming mail -----Original Message----- From: Henry Alia [riiailto,teamalia652 mail.com] Sent: Tuesday, September 18, 2018 7:28 PM To: Lanza, Heather<heather,lan;za_ town.south�id.n_.us> Subject: Harvest Pointe- meeting with Planning Board at Sept 24th work session Good evening Heather, Upon our site inspection with Brian and Mary, areas of the silt fencing along the perimeter of the site were found to be either not intact or buried.These areas include the property line east and west of the entrance to the site running to the RV park and church property respectively,the easterly property line adjacent to the farm behind units 9 through 26 and an approximate 60' section that would cross the fire access road. We will be repairing the silt fencing along the easterly property line behind the units and are looking into other methods of fencing where construction is completed and landscaping is in place.That being said,we would like to discuss this further with the Planning Board as to what is the intent of the fencing and its placement once a new habitat is established upon the installation of the approved landscaping. In addition, we are asking to meet with the Planning Board at the upcoming September 24th work session to discuss the following items: - obtaining c of o's for the residential units prior to obtaining the c of o for the Clubhouse -obtaining permits and starting work on the units in Phase 2 prior to having c of o's on 75%of the units in Phase 1 -finishing the basements of the residential units as this has been one of the most asked questions of the buyers and potential buyers Regarding basement, we are looking to install electric to code, insulate, sheet rock walls/ceiling and install floor covering. No windows will be added and no bedrooms. We would like to add a 1/2 bath if possible, but are looking into that with our engineer and any possible health department regulations or restrictions. As always, thank you and the board members for your cooperation and understanding. Regards, Henry 1 Michaelis, JessicaL From: Henry Alia <teamalia65@gmail.com> I Sent: Saturday, September 01, 2018 9:07 AM To: Lanza, Heather; Cummings, Brian A.;Terry, Mark Cc: Michaelis, Jessica Subject: Re: Heritage w!.Ir,'11OW ua��s�e, o,.o September 1, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold,NY 11971 Re: Notice of violation of site plan conditions - residential site plan for the Heritage @ Cutchogue aka Harvest Pointe, 75 Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Mr. Wilcenski, The following actions and comments are in response to the Planning Board's letter dated August 10, 2018 in regards to violations of the site conditions: Condition 21.1 - The silt fence barrier has been re installed and repaired as necessary along the perimeter of the areas under construction. Condition 29 - The emergency access gate has now been installed as per the approved plans and a chain and lock have been installed on the same. Keys for that lock have been given to the Cutchogue Fire Department. The incident noted in your letter was an isolated incident and no contractor or supplier has been given permission to enter or exit the site at this location. That driver took it upon himself to exit that area and we have notified that supply company to inform their drivers that entering or exiting the site in this location is prohibited. We have had large trailers enter the site from the main entrance on a routine basis to deliver materials required for the construction of the homes - i.e. roof trusses, lumber, roofing, siding, drainage pipe, etc. - without an issue and find no reason to modify the entrance islands at this time. We will however monitor the situation and take the necessary action if needed. Condition 34 - We are aware of two instances where "outdoor" work had taken place on site. The first was on Sunday June 10, wherein our excavation contractor needed to pick up his machine and move it to another development. There office did not see any reason to notify us of the same since they were not actually performing work on site. We have informed that company that picking up or dropping off machines is prohibited on Saturdays between Memorial Day and Labor Day and must be done during the week. The second was on Saturday July 14, wherein our plywood installation contractor worked on site without permission. I actually spoke to the foreman in charge that day and informed him of our specific conditions in regards to Saturday work. He was asked to leave the site and did so immediately. If you have any questions or concerns in regards to this response please feel free to contact me at any time. Regards, i HcnrnAlia Project Manager Rimor Development LLC Harvest pointeotCutchmgue cell 63l6782667 On Aug 10, 2018, a13:55 PM, Michaelis, }eooiuu nrOtc: Please see attached letter. Thank you, Jessica Michaelis, Clerk Typist Southold Town Planning Department S4375NY5 Route 25 P.O. Box 1179 Southold, NY11971 Phnne: 631'76S-1938 Emai|: <B[mritage notice ofvi0[atimo.pdf> 2 Harvest Pointe at Cutchogue Rimor Development LLC ��jl ` Im ., i "1 2018 P. 0. Box 908 .... .,. ;r�l�'rll(�lri'U�'1Y1 Cutchogue, NY 11935 September 1, 2018 Mr. Don Wilcenski Town Hall Annex 54375 State Route 25 Southold, NY 11971 Re: Notice of violation of site plan conditions- residential site plan for the Heritage @ Cutchogue aka Harvest Pointe, 75 Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Mr. Wilcenski, The following actions and comments are in response to the Planning Board's letter dated August 10, 2018 in regards to violations of the site conditions: Condition 21.1 -The silt fence barrier has been re installed and repaired as necessary along the perimeter of the areas under construction. Condition 29-The emergency access gate has now been installed as per the approved plans and a chain and lock have been installed on the same. Keys for that lock have been given to the Cutchogue Fire Department.The incident noted in your letter was an isolated incident and no contractor or supplier has been given permission to enter or exit the site at this location.That driver took it upon himself to exit that area and we have notified that supply company to inform their drivers that entering or exiting the site in this location is prohibited. We have had large trailers enter the site from the main entrance on a routine basis to deliver materials required for the construction of the homes- i.e. roof trusses, lumber, roofing, siding, drainage pipe, etc. -without an issue and find no reason to modify the entrance islands at this time. We will however monitor the situation and take the necessary action if needed. Condition 34-We are aware of two instances where "outdoor" work had taken place on site.The first was on Sunday June 10, wherein our excavation contractor needed to pick up his machine and move it to another development.There office did not see any reason to notify us of the same since they were not actually performing work on site. We have informed that company that picking up or dropping off machines is prohibited on Saturdays between Memorial Day and Labor Day and must be done during the week.The second was on Saturday July 14,wherein our plywood installation contractor worked on site without permission. I actually spoke to the foreman in charge that day and informed him of our specific conditions in regards to Saturday work. He was asked to leave the site and did so immediately. If you have any questions or concerns in regards to this response please feel free to contact me at any time. Regar , He pia a ro Ma er .Rimor ev i' n°ie LLC Harvest poi t.. t C chogue cell 631678 . 7 OFFICE LOCATION: � MAILING ADDRESS: Town Hall Annex �� ,, , P.O. Box 1179 54375 State Route 25 �91� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 =* www.southoldtownny.gov Ulm PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2018 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Res Notice of Violation of Site Plan Conditions — Residential Site Plan for The Heritage @ Cutchogue aka Harvest Pointe, 75 Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: At a recent site visit, Planning Department staff observed several instances of conditions of the site plan approval not being followed. These include the following: Condition 21. I. Routine silt fence barrier maintenance is required from April 1st to October 31st to prevent Eastern Box Turtles from entering the site during construction. It was noted that the silt fence barrier was buried by construction activity, and not maintained in several locations. The silt fence barrier (also known as the turtle exclusion barrier) must be reinstalled immediately where it has been destroyed or buried, and maintained taut between the stakes and any holes along the bottom repaired. Condition 29. The emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and shall be closed with a gate at all times. Southold Town Planning Board Page 2 August 10, 2018 Staff observed a large tractor trailer exiting by the emergency access gate. Contractors on site said the reason they allowed this was due to the tractor trailer being unable to navigate the islands in the entrance driveway, and that it had blown tires and broken a rim on the Belgian block curbing on the islands. The Planning Board is requiring that the curbing on the islands be made temporarily mountable to allow and accommodate large trucks during the remainder of the construction at this site. This can be accomplished by using soil, or some other method to allow trucks to ride over the curbs safely.. Condition 34. Construction activities shall only occur from 7am — 6pm on weekdays and Saturdays. No outdoor construction on Saturdays Memorial Day to Labor Day. Instances of outdoor construction on Saturday, as well as construction on a Sunday have been reported. Please submit a report to the Planning Board by September 1, 2018 that all of the above has been completed so that we may inspect the site. Respectfully, Donald J. Wilcenski Planning Board Chairman OFFICE LOCATION: u. 1VIAiLING ADDRESS: Town Hall Annex w � `" P.O. Box 1179 54375 State Route 25 j° ��,,, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) � �� Southold NY � Telephone: 631 765-1938 wwwsoutholdtowiuzy.gov PLANNING BOARD OFFICE May 9, 2018 TOWN OF SOUTHOLD Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Residential Site Plan for The Heritage @ Cutchogue, aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: As discussed at their Work Session on May 7, 2018, the Planning Board has approved the minor changes to the architecture of the Model C unit as shown on the plans submitted. The Board requested that some attempt be made to have the dormers not extend pass the ridge line, however they did not condition their approval on this change being done. A memo noting this approval has been sent to the Building Department. The Board also approved the minor increase in the size of the back patio of the community center, as well as the additional plantings, with the condition that the irrigation water limit is not exceeded. Please submit three copies of the new patio design for the community center to the Planning Department at your earliest convenience. Please also submit a cover letter that details the differences between the patio that was approved, and the new plan. It was the Board's understanding at the Work Session that the increase in the patio size was approximately 700 square feet, and the Board determined that this increase was insignificant as it did not cause the open space preserved to fall below the 50% required. The site is 45.99 acres. The original amount of open space provided was 23.037 acres and after the patio expansion, it will be 23.02 acres. The Board also discussed the complaints they have received regarding dust from the site entering the homes of neighbors. You agreed to increase the amount of watering of the site to reduce the potential for fugitive dust. You also agreed to send an interim report of the results of on-site air monitoring that has been conducted to date as Southold Town Planning Board Page 2 May 9, 2018 required in the Community Air Monitoring Plan. Please also include a summary of efforts to date to reduce dust including number of water trucks, amount of water used, protocol followed for watering and any other information that illustrates what has been, and is being done to control the dust. Another complaint received was that construction activities were beginning before 7am. Please ensure that construction activities, including lumber deliveries, do not begin before 7am. Please feel free to contact the Planning office with any questions. Sincerely, James Rich, I'll Vice Chairman OFFICE LOCATION: " NLAILING ADDRESS: Town Hall Annex `+ riF So �ro. P.O. Box 1179 54375 State Route 25 '''" Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov : PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 3, 2018 Mr. Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Architectural Changes — Residential Site Plan for The Heritage @ Cutchogue aka Harvest Pointe 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Alia: The Planning Board reviewed your request to replace units 15 and 16, designated on the site plan as Type C units, with Type B units. They have approved this change because the footprints are similar and the net number of C and B units will not change (4 Type C units and 72 Type B units were approved on the site plan). They have also approved that the four Type C units may be located anywhere that a B unit is designated, so long as no more than four C units total are constructed. Please contact this office with any questions. Sincerely, Heather Lanza, AICP Town Planning Director cc: Amanda Nunemaker, Building Permits Examiner Suhmission Without a Cover Letter ��m f S Subject: .......� �� .�. �N M, ..� , .. � ... � .. SCTM#: 1000 - w a Date. aj Comments: _ I-e""Vxh A4 o (30Dpiels) Submissior2 Without a Covey Letter- �g MTV 6C Sender: Subject: S CTM#: 1000 Date: l 411--1117( Comments: �� f OFFICE LOCATION: P MAILING ADDRESS: Town Hall Annex P.O. Box 1179 � 54375 State Route 25 �� b e rY- Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) S9 Southold, NY to Telephone: 631 765-1938 www.southoldtownny.gov ,0 f" l� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Chief Building Inspector From: Donald J. Wilcenski, Planning Board Chairman l� Date: February 7, 2018 Re Harvest Pointe (The Heritage at Cutchogue) Elevations/Site Plan The Planning Board reviewed their approval of this project and has determined that, for Phase 1, all the units beginning with "B" (B, B1, 132), are interchangeable with what is shown on the site plan, i.e. a B unit shown on the site plan can be replaced by a 131 or B2 unit and vice versa. They also determined that the units beginning with "A" can also be interchangeable, so anywhere an "A" unit is shown, could be replaced by Al unit instead, at the discretion of the applicant. The Planning Board will reassess this prior to the beginning of Phase 2. In addition, the changes as shown on the architectural drawings submitted on February 5, 2018 for units 25, 26, 77-82, 123, 124 are also approved by the Planning Board. Enclosed please find an original set with the approval stamp of the Planning Board. Submissiori Witliout a Cover Letter Sender: 1 Subject: SCTM#: 1000 - � FEE, I' j Date: �� Comments: (Ws SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK _ ------------------- - -- -- -X NOCRO,-LTD. and THE HERITAGE AT AMEN Q ryI E NT r0 CUTCHOGUE,LLC, STIPULATION OF SET TLE11E1' T Petitioners/Plaintiffs, Index No, 0 -1 101 - against- SCOTT A. RUSSELL,LOUISA P. EVANS, THOMAS H. WICKHAM,ALBERT J. KRUPSKI, JR.,WILLIAM P. RULAND, and VINCENT M. ORLANDO, individually and as members of the TOWN BOARD OF THE TOWN OF SOUTHOLD; TOWN BOARD OF THE TOWN OF SOUTHOLD; JERILYN B, WOODHOUSE, GEORGE SOLOMON, JOSEPH L.TO SEND, K.ENNETH L. EDWARDS, MARTIN H. SIDOR, individually and as members of the PLANNING BOARD OF THE TOWN OF SOUTHOLD;PLANNING BOARD OF THE TOWN OF SOUTHOLD; and TOWN OF SOUTHOLD, Suffolk County,New York, Respondents/Defendants. ------------------------------------------------------------------- WHEREAS,the Petitioners/Plaintiffs NOCRO,Ltd. and The Heritage at Cutchogue, LLC have heretofore entered into a"Stipulation of Settlement," in this proceeding/action, with the above-named Respondents/Defendants Planning Board of the Town of Southold, Town Board of the Town of Southold, and the Town of Southold, which stipulation was signed by or on behalf of the aforesaid Petit]oners/Pl aintiffs and the aforesaid Respondents/ Defendants Planning Board of the Town of Southold, Town Board of the Town of Southold, and the Town of Southold(hereinafter collectively the "parties") on various dates between June 3, 2014 and September 11, 2014, and which stipulation was "so ordered"by the Court on September 25, 2014; and 5771650.1 WHEREAS, the parties desire to modify certain terms and provisions of the aforesaid "Stipulation of Settlement"; and WHEREAS, Paragraph 46 of the aforesaid"Stipulation of Settlement"provides that "Except as otherwise specifically provided for in this stipulation, no provision of this stipulation may be waived or modified except by a writing signed by all the parties and `so ordered' by a Justice of the Supreme Court, Suffolk County"; NOW,THEREFORE, the parties and their undersigned attorneys, stipulate and agree as follows: l. Paragraph 25 of the aforesaid"Stipulation of Settlement" is hereby amended and modified to read as follows: "The parties acknowledge and agree that the application fee for the amended Site Plan Application has been previously paid in full, and no additional application fee will be required. The parties further agree that (a) a total of$2,000,000.00 shall be payable by NOCRO and/or The Heritage for all park,recreation area, affordable housing,professional, and other fees associated with the Contemplated Development and the amended Site Plan Application, other than post-site plan building permit and inspection fees; (b) the Town Board and Planning Board shall issue all waivers (e.g., pursuant to Section 280-137[E] of the Town Code) as are or may be required to establish the foregoing $2,000,000.00 combined fee; (c) 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town upon issuance of each certificate of occupancy for the 124 residential units included in the Contemplated Development; and (d) the Planning Board may, if appropriate, require, as a condition of site plan approval, that a guarantee of performance be provided pursuant to Section 280-131(K) of the Town Code. Notwithstanding the foregoing, any balance of the $2,000,000.00 in total fees that is not paid as of September 25, 2023 shall be paid in full on or before such date." 2. Paragraph 29 of the aforesaid "Stipulation of Settlement" is hereby amended and modified to read as follows: -2- 5771650.1 "The parties contemplate that the Town and its various boards, departments, agencies, employees, and consultants will, at all times after the date of`so ordering' of this stipulation, acknowledge and take into consideration the existence of this stipulation in all comprehensive plans, land use and zoning studies, and proposed and adopted changes in land use and zoning laws, ordinances, and other regulations that are prepared, considered, or adopted by the Town or its various boards, departments, and agencies. The parties further contemplate that, for a period ending September 25, 2021, any and all changes to Town laws, ordinances, and other regulations that affect the land use requirements or restrictions applicable to the Subject Property shall exempt the amended Site Plan Application, any site plan approved for the Subject Property, and development and use of the Subject Property in accordance with this stipulation and a site plan approval for the Subject Property. Notwithstanding the foregoing, this paragraph shall not be applicable to any changes in laws, ordinances, or other regulations that are adopted by the Town and/or its various boards, departments, or agencies after September 25,2019 unless, on or before September 25, 2019,building permits shall have been issued or applied for with respect to at least 20% of the residential units approved through the Site Plan Application and certificates of occupancy shall have been issued or applied for with respect to at least 10% of the residential units approved through the Site Plan Application." 3. Paragraph 32 of the aforesaid "Stipulation of Settlement" is hereby amended and modified to read as follows: "The parties contemplate that, except as otherwise provided in this stipulation, any and all applications for approvals, permits, authorizations, certifications, and extensions in connection with the amended Site Plan Application or the Contemplated Development will be reviewed, processed, and determined by the Town and its various boards, departments, agencies, officials, employees, and consultants in accordance with the site plan review procedures of the Town Code, as such procedures exist or are in effect on the date of first signing of this stipulation, notwithstanding any subsequent changes to, or additions to, such procedures, and the parties further contemplate that the Town Board and Planning Board will ensure that any subsequent changes to such procedures recognize and provide that development of the Subject Property in accordance with either the Contemplated Development or any site plan approval is exempt from such changes. Notwithstanding the foregoing, any such application shall be subject to the fees applicable at the time of the filing of the application. In addition, this paragraph shall not be applicable to any such changes adopted by the _3_ 5771650.1 Town and/or its various boards, departments, or agencies after September 25, 2019, unless, on or before September 25, 2019, building permits shall have been issued or applied for with respect to at least 20% of the residential units approved through the Site Plan Application and certificates of occupancy shall have been issued or applied for with respect to at least 10% of the residential units approved through the Site Plan Application." 4. The reference to "Parcel No. 1000-102.00-01.00-133.003 on the Suffolk County Tax Map," in the first WHEREAS clause of the aforesaid"Stipulation of Settlement," is hereby amended and modified to read "Parcel No. 1000-102.00-01.00-033.003 on the Suffolk County Tax Map." 5. Nothing in this"Amendment to Stipulation of Settlement" shall be deemed to constitute an admission by or against any party to this proceeding/action. 6. Notwithstanding anything in this "Amendment to Stipulation of Settlement"to the contrary, this "Amendment to Stipulation of Settlement" shall be deemed to have been drafted by all the parties hereto. 7. In the event of any inconsistency between the terms of this "Amendment to Stipulation of Settlement" and the terms of the Town Code,the terms of this "Amendment to Stipulation of Settlement" shall control. 8. If any provision of this "Amendment to Stipulation of Settlement" is invalidated or deemed or adjudged unenforceable, the remaining provisions of this "Amendment to Stipulation of Settlement" shall remain in full force and effect. 9. This "Amendment to Stipulation of Settlement" shall be binding upon, and enforceable by, the successors and assigns of the parties hereto. 10. This "Amendment to Stipulation of Settlement" maybe signed in counterparts. -4- 5771650.1 11. The parties acknowledge and agree that, following its execution by all parties, this "Amendment to Stipulation of Settlement"will be submitted for"so ordering"by the Court. The parties further acknowledge and agree that no portion of this "Amendment to Stipulation of Settlement" shall be effective unless and until the Court shall have"so ordered" the entirety of the"Amendment to Stipulation of Settlement"without modification or redaction. 12. Except as otherwise specifically provided for in this "Amendment to Stipulation of Settlement,"no provision of this"Amendment to Stipulation of Settlement"may be waived or modified except by a writing signed by all the parties and"so ordered"by a Justice of the Supreme Court, Suffolk County. Dated: Hauppauge,New York January 25, 2018 NOCRO, LTD. By: Date of Signature; THE HERITAGE AT CUTCHOGUE,LLC By: ��...... .... M..... , anaging Member Date of Signature: _IT PLANNING BOA1W OF TH - TCWN OF SOUTHOLD t Chairman,pursuant to • . -5- 5771650.1 OFFICE LOCATION: 11IAILING ADDRESS: Town Hall Annex *Qf SO P.O.Box 1179 54375 State Route 25fi Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold,NY www.southoldtownny.gov o , PI , NG BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Chief Building Inspector From: Donald J. Wilcenski, Planning Board Chairman Date: February 7, 2018 Re: Harvest Pointe (The Heritage at Cutchogue) Elevations/Site Plan The Planning Board reviewed their approval of this project and has determined that, for Phase 1, all the units beginning with "B" (B, B1, 132), are interchangeable with what is shown on the site plan, i.e. a B unit shown on the site plan can be replaced by a 131 or B2 unit and vice.versa. They also determined that the units beginning with "A" can also be interchangeable, so anywhere an "A" unit is shown, could be replaced by Al unit instead, at the discretion of the applicant. The Planning Board will reassess this prior to the beginning of Phase 2. In addition, the changes as shown on the architectural drawings submitted on February 5, 2018 for units 25, 26, 77-82, 123, 124 are also approved by the Planning Board. Enclosed please find an original set with the approval stamp of the Planning Board. Lanza, Heather From: Lanza, Heather Sent: Monday, September 25, 2017 11:25 AM To: Don Wilcenski (don@briarclifflandscape.com); Donald Wilcenski; Fishers Island Museum (fimuseum@fishersisland.net);James Rich (JamesRich3@optonline.net); Martin Sidor(E- mail); Pierce Rafferty(prafferty@fishersisland.net) Cc: Duffy, Bill; Cummings, Brian A.;Terry, Mark; Michaelis,Jessica Subject: Heritage at Cutchogue, aka Harvest Pointe -Items submitted - Ready for Site Plan endorsement by Chairman Dear Planning Board, The Heritage at Cutchogue applicant has submitted all the required items as listed in the Planning Board's approval resolution passed on August 14, 2017. These items were to be completed prior to the Chairman endorsing the site plan. All have been received in the Planning Department as of today when we received proof of filing of the C&R's. Below is a summary of those items from the resolution: 1. Prior to the Chairman endorsing the site plans, the following must be completed: a. Lighting Plan shall be submitted, reviewed and approved, including sign lighting i. All exterior lights and their light measurements are to be shown on a single page photometric plan Staff: Completed b. Reduce the number of street lights by 11, leaving street lights at intersections, road ends, median islands and parking lots. Staff: Completed c. Four paper copies of the final site plan and all related plans (see attached list) shall be submitted Staff: Completed d. Covenants & restrictions (C&R's) shall be finalized Staff: Completed e. A copy of the C&R's and proof they were filed with the County Clerk shall be submitted Staff. Completed f. Submittal of the site plan with the approval stamp of the Suffolk County Department of Health Services Staff: Completed After the Chairman endorses the site plans, one of the originals will be sent to the Chief Building Inspector and one will be sent to the Office of the Town Engineer.The applicant has let us know they will be filing for building permits immediately. Heather Lanza,AICP Town Planning Director Southold Town Planning 53o95 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: he atherl dsoWholdt'o aann� 2 MAILING DRESS: N BOARD E 1�V o P.O_ Box 1179 DONALD J.WILCENSKI ry Southold, NY 11971 Chair ' ° OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III , (car. Main Rd. &Youngs Ave.) MARTIN H.SIDOR � � ) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 20, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Site Plan Approval (Final): The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The following resolution was adopted at a meeting of the Southold Town Planning Board on August 14, 2017: WHEREAS, this proposed Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 +/- sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 289 parking spaces, of which 248 are associated with the individual dwelling units and 41 are associated with the clubhouse, and various other associated site improvements, on a vacant 45.99- acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in Cutchogue; and WHEREAS, on November 7, 2016, the Planning Board granted Conditional Approval to this Site Plan application; and WHEREAS, on January 6, 2017, the applicant submitted revised plans; and WHEREAS, on February 27, 2017, the revised plans were referred to the Office of the Town Engineer for review and comment; and WHEREAS, at their Work Session on February 27, 2017, the Planning Board reviewed the revised plans and compared them with their conditional approval from November, 2016; and The Heritage at Cutchogue 2 September 20, 2017 WHEREAS, in a letter to the applicant's agent dated March 6, 2017, the Planning Board required more information to be submitted to satisfy the conditional approval, and agreed to modify several conditions; and WHEREAS, on March 6, 2017, the applicant submitted updated architectural drawings, and on March 7 those drawings were referred to the Town Architectural Review Committee; and WHEREAS, on March 10, 2017, the applicant submitted a letter requesting permission to begin Phase 1 tree clearing prior to Final Site Plan approval due to the condition that no tree clearing be permitted between June 1 and July 31; and WHEREAS, on March 13, 2017, the Planning Board received comments from the Office of the Town Engineer on the revised plans; and WHEREAS, in their letter dated March 15, 2017, the Planning Board required that certain revised plans be submitted prior to their considering the request for tree clearing prior to final site plan approval; and WHEREAS, on March 17, 2017 the revised plans were referred to the Cutchogue Fire District for review and comments about emergency access and fire hydrant locations; and WHEREAS, on March 21, 2017 the applicant submitted a letter of water availability from the Suffolk County Water Authority; and WHEREAS, on March 27, 2017 the Planning Board received comments from the Architectural Review Committee; and WHEREAS, on March 28, 2017 the applicant submitted the revised plans required by the Planning Board to be submitted prior to their considering the request for tree clearing prior to Final Site Plan approval; and WHEREAS, on April 5, 2017 the Planning Board received a Bond Estimate (aka Performance Guaranty) from the Office of the Town Engineer; and WHEREAS, on April 10, 2017, the applicant submitted a "Performance Bond and Security Agreement" (the "Bond") and, as security therefor, a Savings Passbook in the principal amount of$150,014.00; and WHEREAS, at their meeting on April 10, 2017, the Planning Board approved the Bond Estimate (aka Performance Guaranty), and the Bond in the amount of$150,014.00, as well as the clearing of trees for Phase 1 before Final Site Plan approval; and WHEREAS, on April 11, 2017, the Town Board approved the Bond referenced above in their Resolution No. 2017-340; and The Heritage at Cutchogue 3 September 20, 2017 WHEREAS, on April 13, 2017 the Planning Board received comments from the Cutchogue Fire District that the revised plans were in accordance with their requests; and WHEREAS, the Planning Board completed their review of the site plans submitted on January 6, 2017 and required corrections and revisions as outlined in their letter to the applicant dated June 2, 2017; and WHEREAS, on June 23, 2017, the applicant submitted revised plans in digital format; and WHEREAS, the Planning Board reviewed the revised plans and required corrections and revisions as outlined in their letter to the applicant dated June 28, 2017; and WHEREAS, at their Work Session on June 19, 2017, the Planning Board received a request from the applicant for the Planning Board to authorize the Heritage and its contractors to commence steps 7, 8 and 9 of Phase I prior to Final Site Plan approval; and WHEREAS, at their meeting on July 10, 2017, the Planning Board authorized the Heritage to commence steps 7, 8 and 9 of Phase I prior to final site plan approval; and WHEREAS, on August 3, 2017, the applicant submitted revised plans in digital format; and WHEREAS, the Southold Town Planning Board has reviewed the revised plans and determined that they meet the Board's conditions, and that all applicable requirements of the site plan regulations in Southold Town Code, Article XXIV, §280 Site Plan Approval, have been met under the conditions listed below; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants Approval With Conditions, listed below, of the residential site plan entitled "Harvest Pointe at Cutchogue" (aka The Heritage at Cutchogue) prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated July 10, 2015, and last revised July 28, 2017, and authorizes the Chairman to endorse the site plan after Condition I" below is met. See attached list of plans included in the site plan: Conditions: 1. Prior to the Chairman endorsing the site plans, the following must be completed: a. Lighting Plan shall be submitted, reviewed and approved, including sign lighting: i. All exterior lights and their light measurements are to be shown on a single page photometric plan; The Heritage at Cutchogue 4 September 20, 2017 b. Reduce the number of street lights by 11, leaving street lights at intersections, road ends, median islands and parking lots; c. Four paper copies of the final site plan and all related plans (see attached list) shall be submitted; d. Covenants & restrictions (C&R's) shall be finalized; e. A copy of the C&R's and proof they were filed with the County Clerk shall be submitted; f. Submittal of the site plan with the approval stamp of the Suffolk County Department of Health Services. 2. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan including the architectural drawings, except where the Site Plan is amended by a majority plus one vote of the Planning Board after a Public Hearing. 3. The site will be constructed in four phases according to the Construction Phasing Plan, page PH-1. 4. The clubhouse, pool, and associated site work must be completed and a certificate of occupancy for those amenities issued prior to certificates of occupancy being issued for any residential units. 5. There shall be no more than 124 residential units. Accessory apartments are not permitted. 6. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 7. All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. 8. No buildings shall be within 100 feet of the westerly property line of the subject property and no buildings shall be within 75 feet of the eastern property line. 9. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8) feet; and The Heritage at Cutchogue 5 September 20, 2017 c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet. The Site Plan was approved with 219,076 square feet of livable floor area, with an allowance of 125 square feet potential increase in each unit with no expansion of the footprint. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed 234,576 square feet. This condition does not preclude the applicant from applying for an amendment to the site plan to add livable floor area in the form of second floors on the one-story units, with no expansion of the footprints as shown in the approved site plan, up to the amount in the Stipulation of Settlement (245,000 square feet). Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services. "Livable floor area," for the purposes of this condition, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 12.There shall be no conversions of garages or screen porches on the Property to livable floor area. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11 above. 14.There shall be at least six different colors used for the exteriors of the residential units in the development to provide variety in appearance. 15.The use of low-flow plumbing fixtures within the residential units and the community building is required. 16.Prior to the certificates of occupancy being issued for residential units, all site work and infrastructure servicing those units must be completed in accordance with the The Heritage at Cutchogue 6 September 20, 2017 approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 17.According to the Stipulation of Settlement, a total of $2,000,000.00 shall be payable by the Declarant for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town of Southold upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. These payments will be apportioned as Park and Playground fees and payments in lieu of building Moderate Income Family Dwelling units. 18.Prior to beginning Phases 2, 3 or 4, certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase. 19.Limits of clearing will be established for each phase of development according to the approved Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. At the beginning of each phase of development, the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee, and the Office of the Town Engineer prior to any land clearing. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: a. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. c. Tree removal will be avoided during the pup season from June 1 through July 31. 21.April 15 through October 15: Prior to beginning clearing of each phase, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site The Heritage at Cutchogue 7 September 20, 2017 scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. b. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort c. Timing of survey: i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. e. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. f. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. g. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. h. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). i. The barrier should be installed immediately prior to the required survey. j. A person familiar with barrier maintenance shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. k. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. The Heritage at Cutchogue 8 September 20, 2017 I. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1st through October 31st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. m. Outside the Turtle Active Season (November 1 st through March 31 st) -- If the barrier has been left in place over the winter months and construction is on- going, a person familiar with barrier maintenance shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 22.To facilitate access for Eastern Box Turtles to the habitat reserved for them in the two areas labeled Seed Mix C that are surrounded by curbing and sidewalk, add at least two sections of flush curbing, each at two feet in length, to each circle, the location and design of which will be reviewed and approved by the Planning Board. These are in addition to the handicap ramps where turtles could also conceivably gain access. 23.All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site. All drainage structures must be installed as approved and any changes must be reviewed and approved by the Southold Town Office of the Engineer. 24.Natural Buffer: a. A minimum 50-foot buffer shall be maintained around the perimeter of the property, as shown on the approved site plan. The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer is identified on the site plan as "Natural Buffer." The Heritage at Cutchogue 9 September 20, 2017 b. Where the Natural Buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the buffer of native evergreens in Phase 1 must be done to accomplish the goals stated above in a. and b. wherever the Natural Buffer is accessible. Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall be done during appropriate planting seasons during these later phases. d. No clearing, grading or mowing may occur within the Natural Buffer area. e. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 25.Existing native evergreens will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where possible. 26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. 27.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 28.Landscaping must be planted and maintained as detailed and shown on pages L-1 through L-6 of the approved site plan. 29.The emergency access to Bridle Lane shall not be used as a construction entrance or for any other purpose other than emergency access in the case of an emergency, and, once constructed, shall be closed with a gate at all times. 30.A gate at the entrance to the development is not permitted without prior approval by the Planning Board after a Public Hearing. 31.The booth at the entrance shall not be staffed unless approved by the Planning Board after a Public Hearing, except during construction. The Heritage at Cutchogue 10 September 20, 2017 32.Bike racks shall be provided at the community center and the tennis court. 33.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 34.The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. b. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. c. No construction activities are permitted on Sundays, year-round, and the following holidays: i. New Year's Day ii. Memorial Day iii. Independence Day (Fourth of July) iv. Labor Day v. Thanksgiving Day vi. Christmas Day 35.The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site improvements as detailed on page C-10 Off-site Improvement Plan. 36.The following signage must be installed at the expense of the Heritage at Cutchogue prior to receiving building permits, except for item c. below, which is only required if (1) such No Left Turn sign is approved by Town Board resolution and also by the New York State Department of Transportation (NYSDOT) without requirement of submission of a traffic study or intersection re-design plan, and (2) the requirement of such sign will not delay implementation of the subject project: The Heritage at Cutchogue 11 September 20, 2017 a. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection (as detailed on page C-10 of the site plan). Approved by Town Board resolution #2017-533. b. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. Approved by Town Board resolution #2017-533. c. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. A Town Board hearing will be requested by the Planning Board after approval of this resolution. 37.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 38.A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: a. A notice provided to all contractors and subcontractors accessing the site about the following: b. Area speed limits; c. Public and private school safety zones; d. Residential neighborhoods; e. No access to or from site over Spur Road or Bridle Lane; f. Days/hours of proposed construction activity; g. Parking areas for workers and heavy vehicles; h. Construction staging areas; i. Measures to ensure protection of land and integrity of local roadways; j. Construction Vehicle Route Designation; k. Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission.. 39.All utilities must be underground. The Heritage at Cutchogue 12 September 20, 2017 40.No overnight parking in the streets due to their narrow width. 41.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On- Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Subject Property until such time as a condominium owners association takes over the management of the Property; and c. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 42.Irrigation: a. Overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. Drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. Soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. Irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; and e. Water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and The Heritage at Cutchogue 13 September 20, 2017 f. All irrigation wells shall include a meter to monitor the use of water for irrigation, a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 43.The Open Space area is required to be at least 50% of the land area of this site, and consists of a total of 23 acres, as shown on page OS-1 of the Site Plan. The permitted and prohibited uses in the open space are detailed in the covenants and restrictions and in part on page L-1 of the site plan. 44.Any changes in the extent, height or materials to the existing fence along a portion of the perimeter of the property require prior review and approval from the Planning Board. 45.Solar panels are required to be provided on the clubhouse. 46.A first aid station is required to be provided in the clubhouse. 47.The final design of the Harvest Pointe sign at the entrance for the development will require prior review and approval by the Planning Board for location and lighting, and the Building Department for code compliance. 48.The fence around the tennis court will require review by the Building Department for code compliance. 49.This site plan approval shall be valid for three (3) years from the date of this approval, unless the Planning Board grants an extension. 50.Any changes from the approved site plan shall require Planning Board approval. 51.Prior to the issuance of the first residential unit's certificate of occupancy for each phase of the project, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan and issue a final site inspection approval letter. Should the site be found to not be in conformance with the Approved Site Plan, no certificate of occupancy may be issued unless the Planning Board approves the change. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. °fie truly yours, Donald J. Wilcenski Chairman The Heritage at Cutchogue 14 September 20, 2017 cc: Michael Verity, Chief Building Inspector, with map James Richter, Engineering Inspector, with map Encl. Site Plan list for Heritage at Cutchogue (aka Harvest Pointe) By signing this letter, the applicant acknowledges that there are conditions, listed above, some of which must be satisfied prior to the Planning Board Chairman endorsing the site plans, some of which must be satisfied prior to issuance of a building permit, and some of which must be satisfied after building permits are issued. Print name: Applicant Signature: Date: The Heritage at Cutchogue 15 September 20, 2017 �nte t Cutcho�ue (aka Harvest Poi pate Site Plan list for_Herita a a.-e �.... ....._ .. . Title Last Revised S 11 heet Index 8130/17 and C-1 Le end General Notes 8/30/17 - - d C-2.o .._... Layout Overall ^and Materials Plan mm 8/30/17 LaVout and Materials Plan /30/17 C-2_...�.. -... Layout a ..out and M...�............�w� .... �. C-3.0 OverallMaterials Plan e Plan 8/30/17 .. ! rlan ..... . . ......— 8/30/17 din and D �T C 3.1 Gradin an.. _ . �... _.7. �.._ Gra C32. g d Drainage Plan 8/30/17 _ .n and Dramae Plan �� 8/30/17 -. ...., Drain- /17 ra ..C-4.0 Overall U al Plan 8/30/17 � 8/30/17 UtilityPlan � 8 8/30/17 C-4.2 Utility Plan ,,,,..�.......mm w _ 1 t Plan 8/30/17 �.. 8/30/17 ...- _._ ..,_Sanitary /30/17 C-4.4 Sanita Plan 8 .... C-4.5 Sanitary Calculations, �� /30/17 _ . ons, hart 8/30/17 Water Service Crossin C � - C-4 6 Draina e Structure Table 8/30/17 o.. of Plan _ 8/30/17 C-5.0 Erosion & Sediment Control C-6.0 Site Details 1 8/30/17 8/30/1 C-6.1 Site Details II - - 7 � ., . C-7.0 Draina a Details 8/30/17 C-8.0 Water Details _ 7 C-9.0 Sanitary Details 8/30/17 p emen - _._ - /30/17 L-1 .. -Overall Plantin ��.�� ...._ .. ..... .. C 10 ..... Off site v- Plan Plan t Improvement /30/17 e Plantmg and Seeding Plan 8/30/17 L-2 Tree laming _ 7 L-4 Shrub PlantingPlan Typical Units d Seedin Plan 8/30 8/30/17 L-5 ShrubClubhouse and L-6 �' PI Details Clubh Entrance �.., 8/30/17 SB-1 7 Plan . Soil Bonn ., .. - 8/30/1 8/30/17 I 8/30/ n aP-1 O Ien Sp ace Plan- Soil §tr! in P w _ OS ... pace Plan 8/30/17 L1.1 ....... _ �.- �... .. 8/_30._11.7 8/30/17L1.2 Li kitingPlan L1.3 Details .. 8/30/17 R-1 500' Radius Ma 12/29/15 Conditions S... urvey .. 2/4/15 Eire T �. 7 FiregTruck Circulation Plan 1/3/1 TR-2 0 Single Unit Truck Circulation Plan 1/3/17 PH-1 Construction Phasin Plan 0/17 TS-1 Tree Surve Overla Pla ...._ 1/3/17 TS-2 Tree Survey Overlay 1/3/17 TS-3 -Tree Relocation n Plan - _ 3/27/17 .... The Heritage at Cutchogue 16 September 20, 2017 m (Booklet Format Narrative Plans_yyy Title � .. Date �. Construction Health and Safety Plan Octobe r 12, 2016 Soil Management Plan Octo ber 12, 2016 Construction Traffic Management and Logistic Plan June 14, 2017 ...Communit Air Monitorin Plane � October 12, 2 y g 016 Architectural Drawings_ .� Title Pa e # Last Revised Date Recreati on BuiLd.i��_ .... . ... _ . .. ...._ Elevations Al 5/30/17 ... ...... ..... ..�.. Elevations.....: . ..m �...�. A2 5/30/17 Floor Plan A4 5/30/17 Roof Plan A5 5/30/17 Model A-Basic Elevations A-1 2/20/17 First & Second Floor Plans A-2 2/20/17 Roof Plan A-3 2/20/17 Foundation Plan FD1 F . -3R/17�mm� ....�I _ Cluster Elevations A-1 3/7/17 Model A-1 Elevations Al-1 2/20/17 ......._ First...& Second..� .. ..._ � _ ..�. ... Floor Plans Al 2 2/20/17 Roof Plan Al-3 2/20/17 3/ Foundation Plan FD1 .. 7/17 Model B .Elevations B-1 3/3/17 . ......� _.. .... Floor Plans B-2 3/3/17� ._...� _......._ FoundationPlan FD1 3/7/1. 7 _ Cluster Elevations B-1 3/7/17 Model_ Elevations B1-1 3/3/17 Floor Plans B 1-2 3/3/17 Foundation Plan FD1 3/7/17 Model C First and Second Floor Plans 1 of 2 1/23/17 � 1 Roof Plan and Front Elevation 2 of 2 /2 - �3/17 ... _ _�. .. ,.Duplex Front Elevation..__.� .. . C1 1/23/17�ww 100 MOTOR PARKWAY,SUITE 156 HAUPPAUGE,NY 11788 PHONE:631.979.3000 Fax:631.979.7070 ww%i%cerrilmanbalin.com JOHN M.WAGNER PARTNER jwagner(&certilmanbalin.com September 21, 2017 BY FEDEX DELIVERY Donald Wilcenski, Chairman Planning Board of the Town of Southold , 2 Town Hall Annex (Capital One Bank Building) 54375 State Route 25 south® r:»Yacr�s�ung town a�Board P.O. Box 1179 Southold, NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Road, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Chairman Wilcenski: We are the attorneys for The Heritage at Cutchogue, LLC, the applicant for the above- referenced site plan application. Enclosed please find a certified copy of the approved Planning Board "Declaration of Covenants and Restrictions" for the above-referenced application, dated September 19, 2017, the original of which was recorded with the Suffolk County Clerk, on September 21, 2017, at Liber 12930 of Conveyances, Page 554. As I understand it, the site plan is now ready for your endorsement. Thank you for your consideration. Very truly yours, John M. Wagner cc (by e-mail): Heather M. Lanza, AICP William M. Duffy, Town Attorney am`ii`rLmAN BALrNN fir)➢f-,R Via.HYMA V,LLP 6445295.1 NASSAU OFFICE:EAST MEADow,NY 11554 Submission Without a Cover Letter 0 Sender: (`� �1'1 C7 ��,.� Subject: 4U,`�� 40"�,Os� pul SCTM#: 1000 - Date: t l 1 1 l 1 Comments: Submission Without a Cover Letter• Sender: ,. �m Subject: YA SCTM#: 1000 - Date: Comments: /� MAILING ADDRESPLANNING BOARD MEMBERS tP , S: P.O. Box 1179 s0171 " , Southold, NY 11971 DONALD J.WILCENSKIt , Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III " " (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ' Southold, NY Telephone: 631 765-193 8 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 6, 2017 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board has reviewed your request to store mulch generated on-site in the area identified on page SMP-1 Soil Management Plan as the Phase 2 Soil Stockpile area, and agrees to allow it under the following conditions: 1. Only mulch generated from on-site materials is permitted to be stored. 2. The pile(s) must be managed to avoid fires. 3. Access to the mulch pile(s) over land located in the Phase 2 area must be minimized to avoid trampling additional areas of Phase 2, which are to generally remain naturally vegetated until Phase 2 officially begins. 4. Request the Fire Marshall to review the mulch pile(s) for fire access and safety. If you have any questions regarding this site plan application or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. Submission Without a Cover Letter ; li, ,; 'J,, 1 Sender: VAMVUJ 1 Ol , Subject: a , SCTM#: 1000 - Date: I ` 8 l rl Comments: Octoberp16, 2017 V„0 Town of Southold .� 7 Planning Board Town Hall Annex Building SwthWd Town 54375 Route 25 Nanf*ig Board PO Box 1179 Southold, NY 11971 Re: Heritage at Cutchogue (Harvest Pointe at Cutchogue) Cutting of grade in areas of Phase 2, 3 and 4 for fill to be utilized in Phase 1 To whom it may concern, It has been found that upon clearing the Phase 1 area and subsequently starting on the rough grading and site infrastructure, fill is required to bring the roadways, areas in and around the buildings and the common area in this phase to grade. Unfortunately, the fill necessary to perform this action exists in Phases 2, 3 and 4 requiring that some of the areas in these phases will need to be disturbed. The Town engineering department was made aware of this situation and site inspections were performed on Monday, October 2nd with the Town engineering inspectors, Jamie Richter and Michael Collins along with the Planning Board Chairman, Don Wilcenski and on Friday, October 6th with Heather Lanza, the Planning Director. In order to generate the fill necessary to properly bring Phase 1 to grade disturbance in future phases will be required as follows: Phase 2 - approximately 4.8 of the 6.3 areas Phase 3 - approximately 2.6 of the 6.6 acres Phase 4 - approximately 3.6 of the 6.1 acres Let it be noted that the perimeter areas of these phases will not be disturbed which will mitigate dust and noise to the surrounding neighborhoods.A sketch of the areas to be disturbed and the fill generated from these areas was completed on a site plan and provided to the engineering department and planning director. The following phasing plan notes and sequencing of the same for Phases 2, 3 and 4 on the Construction Phasing Plan, sheet PH-1 of the approved site plan, will be followed and completed for each phase during this process: Step 2 - Wildlife Sweeps Step 3 - Mobilization - most of which has already occurred during Phase 1 Step 4 - Limited Clearing for ESC Installation Step 5 - Erosion and sediment Control Installation Step 6 - Clearing and Grubbing/Tree Relocation and Buffer Restoration Step 7 - Soil Management Step 8 - Rough Grading and Earthwork No construction of the foundations in Phases 2, 3 and 4 will be performed during this process and Town inspections will be coordinated with the engineering department. In addition, Nelson, Pope and Voorhis has prepared an Expanded Environmental Assessment for Construction Phasing dated October 13, 2017 which was delivered via a mail to the Planning Director. Their review concluded that no significant impacts are expected to occur as a result of the proposed clearing and cutting of grade in the future phases. I'm hopeful the board will review our situation as outlined above and grant permission for us to move forward. Thank you in advance. Regards, Henry Alia Rimor Development LLC Project Manager Harvest Pointe at Cutchogue OFFICE LOCATION: �� MAILING ADDRESS: Town Hall Annex �� F U I P.O. Box 1179 54375 State Route 25 + k Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY Telephone: 631 765-1938 ' www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Amend Phasing Plan of the Site Plan for The Heritage at Cutchogue 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The following resolution was adopted at a meeting of the Southold Town Planning Board on October 16, 2017: WHEREAS, on September 20, 2017, the Planning Board granted Final Approval to this Site Plan application; and WHEREAS, on October 2, 2017, the applicant's agent met with representatives of the Office of the Town Engineer and the Planning Board Chairman at the site to inspect the site; and WHEREAS, on October 13, 2017, the applicant's agent submitted a request, via e-mail, to amend page PH-1 Construction Phasing Plan of the approved site plan, and that this request involved clearing and grading interior portions of later phases of the project area for the purpose of obtaining fill material to complete Phase 1; and WHEREAS, on October 13, 2017, the applicant submitted an Expanded Environmental Assessment for Construction Phasing, which assessed this request and analyzed the potential impacts as described in the FEIS and Findings Statement for this project as they related to the proposed clearing program change; and WHEREAS, on October 16, 2017, the applicant submitted a letter with details of the request to clear portions of Phases 2, 3 and 4 during Phase 1, as well as a Sketch Plan identifying the areas to be cleared; and The Heritage at Cutchogue 2 October 17, 2017 WHEREAS, the alternative to amending the timing of some of the clearing in later phases was to import fill material, and this alternative would cause a significant increase in truck traffic; and WHEREAS, the Planning Board, after review of the Expanded Environmental Assessment, found that the potential adverse impacts of the proposed clearing program change will not be significant as all the mitigation measures including wildlife sweeps, the Community Air Monitoring Program, the Soil Management Plan (dust control, arsenic testing), the Construction Health and Safety Plan, and the Construction Traffic Management Logistics Plan remain in place; be it therefore RESOLVED, that the Southold Town Planning Board hereby amends page PH-1, Construction Phasing Plan of the Site Plan for the Heritage at Cutchogue, also known as Harvest Pointe, to address encountered field conditions, as set forth in the letter dated October 16, 2017 from the applicant, and further discussed in the Expanded Environmental Assessment for Construction Phasing dated October 13, 2017. Please call this office with any questions. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector, with map James Richter, Engineering Inspector, with map Encl. • Request letter from applicant dated October 16, 2017 • Expanded Environmental Assessment For Construction Phasing dated October 13, 2017 • Sketch of areas to be cleared October 16, 2017 un Town of Southold Planning Board Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Re: Heritage at Cutchogue (Harvest Pointe at Cutchogue) Cutting of grade in areas of Phase 2, 3 and 4 for fill to be utilized in Phase 1 To whom it may concern, It has been found that upon clearing the Phase 1 area and subsequently starting on the rough grading and site infrastructure, fill is required to bring the roadways, areas in and around the buildings and the common area in this phase to grade. Unfortunately, the fill necessary to perform this action exists in Phases 2, 3 and 4 requiring that some of the areas in these phases will need to be disturbed. The Town engineering department was made aware of this situation and site inspections were performed on Monday, October 2nd with the Town engineering inspectors, Jamie Richter and Michael Collins along with the Planning Board Chairman, Don Wilcenski and on Friday, October 6th with Heather Lanza, the Planning Director. In order to generate the fill necessary to properly bring Phase 1 to grade disturbance in future phases will be required as follows: Phase 2 - approximately 4.8 of the 6.3 areas Phase 3 - approximately 2.6 of the 6.6 acres Phase 4- approximately 3.6 of the 6.1 acres Let it be noted that the perimeter areas of these phases will not be disturbed which will mitigate dust and noise to the surrounding neighborhoods.A sketch of the areas to be disturbed and the fill generated from these areas was completed on a site plan and provided to the engineering department and planning director. The following phasing plan notes and sequencing of the same for Phases 2, 3 and 4 on the Construction Phasing Plan, sheet PH-1 of the approved site plan, will be followed and completed for each phase during this process: Step 2 - Wildlife Sweeps Step 3 - Mobilization - most of which has already occurred during Phase 1 Step 4- Limited Clearing for ESC Installation Step 5 - Erosion and sediment Control Installation Step 6 - Clearing and Grubbing/Tree Relocation and Buffer Restoration Y F ______-_�—� _ V E X r ` 4 ..... F a c i 1�b t p .—go ij �qM(w 8 � err^ ^�„ `,,, 111 i C_ y �� . • d I I � F8 r I X- r � m �"� al" � � 'rw ''��' '.war'+r�r ram ,,� B / ggpp � � ��HMO �� t �BBp SS Y� tl S6i N �0 1 1 H O 1�9�itl� ( . � M� v� 1 d Gig g 4 yA 3 i�o� � a 3 a!_; P1 a 3 I I x� Bye � Cr-' �p Y RV Cc. € yp p5e (( G s t t L 714 _� - �i c � w So tl lot owl" "Ons ^ w r p 1 r B y w y E r ro _. r � Y —f � T _ J Wry kN� , i J EXPANDED NV R N ENT"AL ASSESSMENT ENT" for CONSTRUCTION PHASING THE HERITAGE AT CUTCHOGUE Site Plan Application North side of the intersection, Griffing Street and Schoolhouse Road S CTM: 1000-102-011-3 3.003 Hamlet of Cutchogue, Town of Southold Suffolk County,New York Prepared for: The Heritage at Cutchogue,LLC 1721-D North Ocean Avenue Medford,New York 11763 Contact:Henry Alia For submission to: Southold Town Planning Board c/o Town Planning Department 53095 Route 25,PO Box 1179 Southold,New York 11971 Contact: Heather Lanza,AICP; Town Planning Director (631)765-1938 Prepared by: Nelson,Pope&Voorhis,LLC 572 Walt Whitman Road Melville,New York 11747 Contact: Charles Voorhis, CEP,AICP,Managing Partner NP&V Project No. 00026 October 13, 2017 .. HERITAGE AT CUTCHOGUIE, SITE PLAN APPLICATION ENVIRONMENTALEXPANDED ASSESSMENT for CONSTRUCTION S N Hamlet of Cutchogue, Town of Southold NP&V No.00026 Prepared for: Southold Town Planning Board c/o Town Planning Department 53095 Route 25,PO Box 1179 Southold,New York 11971 Contact: Heather Lanza,AICP; Town Planning Director (631)765-1938 Prepared by: Nelson,Pope&Voorhis,LLC 572 Walt Whitman Road Melville,New York 11747 Contact: Charles J.Voorhis,CEP,AICP;Managing Partner (631)427-5665 Date: October 13,2017 1.0 INTRODUCTION This document is an Expanded Environmental Assessment ("EA") that has been prepared to identify and analyze potential impacts which may arise from changes and/or additional information on the proposed construction clearing and phasing of an approved development on the subject site. The subject site is the location of The Heritage at Cutchogue, a 124 unit residential housing community that is currently under development. The proposed project was the subject of a Draft and Final Environmental Impact Statement (DEIS/FEIS) culminating in the issuance of a Findings Statement to approve the project and thus fulfilling the State Environmental Quality Review Act (SEQRA)process for the approved project which is under construction. The review was completed by the Town of Southold Planning Board as lead agency. This document is narrowly focused on only the construction phasing and does not in any way change the EIS documentation or Findings Statement with respect to the development of the project itself. This document is provided to the Planning Board to assess changes and additional details concerning construction to assist in determining if these changes may result in an adverse impact. EXPANDED ENVIRONMENTAL ASSESSMENT for CONSTRUCTION PHASING THE HERITAGE AT CUTCHOGUE Site Plan Application North side of intersection, Griffing Street and Schoolhouse Road S C TM: 1000-102-011-3 3.003 Hamlet of Cutchogue, Town of Southold Suffolk County,New York Prepared for: The Heritage at Cutchogue,LLC 1721-D North Ocean Avenue Medford,New York 11763 Contact: Henry Alia For Submission to. Southold Town Planning Board c/o Town Planning Department 53095 Route 25,PO Box 1179 Southold,New York 11971 Contact: Heather Lanza,AICP; Town Planning Director (631)765-1938 Prepared by: (Environmental Analysis and Planning) Nelson,Pope&Voorhis,LLC 572 Walt Whitman Road Melville,New York 11747 Contact: Charles Voorhis,CEP,AICP;Managing Partner (631)427-5665 (Civil Engineering) VHB Engineering, Surveying&Landscape Architecture,P.C. 100 Motor Parkway, Suite 135 Hauppauge,New York 11788 Contact:Kevin Walsh, P.E.,Principal (631)787-3400 October 13, 2017 Copyright ©2017 by Nelson,Pope,&Voorhis,LLC axaMuw+TR� ...N'rAL.- u��k 94J 24^�w Try Page i The Heritage at Cutchogue Expanded EA for Construction Phasing TABLE OF CONTENTS Page COVERSHEET 1 TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 DESCRIPTION OF THE PROPOSED PHASED CLEARING PROGRAM 3 3.0 ANALYSIS OF POTENTIAL IMPACTS 5 3.1 Vegetation and Wildlife 5 3.2 Soils 9 3.3 Transportation 14 4.0 SUMMARY & CONCLUSIONS 14 4.1 Summary 15 4.2 Conclusions 17 APPENDICES: A SMP-1, VHB Engineering, Surveying&Landscape Architecture,P.C.,Annotated for Updated Construction Phasing Earthwork Analysis, October ...., 2017 f kiwi Page ii rv,.F m,r Lv*ar v m c�... -ear The Heritage at Cutchogue Expanded EA for Construction Phasing The subject site consists of 45.99± acres on the north side of the Griffing Street and Schoolhouse Road intersection, in the hamlet of Cutchogue, Town of Southold, Suffolk County,New York, and is more particularly described as: Suffolk County Tax Map Number: Section 1000-102.00-00100- 33.003. The assessment addresses key areas of potential impacts including potential impacts to vegetation, wildlife, soil or transportation resources or conditions of the project site or vicinity. Phased clearing was proposed, and its impacts were addressed, in the Final EIS and the Findings Statement. Subsequently, detailed engineering plans were developed for Phase 1 development, the Town granted the necessary site plan approvals, and Phase 1 of the project is presently under construction. The grading plan for Phase 1 revealed the need to deposit a substantial amount of fill material in a portion of Phase 1, in order to provide proper grades for residential lots and the project's stormwater runoff system. In conformance with the general goal of minimizing impacts on the vicinity associated with truck traffic during export or import of soil to or from the site, the Applicant plans to use the excess soil that would be generated from Phases 2, 3 and 4 for this fill material. Consequently,the planned phased clearing program of the site has been revised from that described in the FEIS and Findings Statement, so that portions of Phases 2, 3 and 4 will be cleared to provide fill material for Phase 1 of the development. It is noted that the cut and fill on the overall site is nearly balanced. If the use of material from Phases 2, 3 and 4 is not provided as a source of fill material for Phase 1, material will need to be trucked to the site to complete Phase 1. This would result in extensive truck traffic during Phase 1, as well as excess material at the end of completion of Phases 2, 3 and 4 due to the need to export material. The solution to make fill material available from Phases 2, 3 and 4 to complete Phase 1 avoids these impacts. The purpose of this Expanded EA is to provide the Board, the entity having discretionary jurisdiction over the site plan application, with information necessary to support its determination regarding the potential impacts of the changed construction and clearing program for the project. In this way, the "hard look"required by SEQRA at potential impacts of the project will be taken, and conformance to SEQRA requirements will be maintained. This document is organized to address each of the three types of potential impact associated with clearing that were identified in the Findings Statement. This format enables the Board to quickly find the new impact analyses and correlate teach to corresponding discussion as contained in the Findings Statement. On a preliminary basis, and as described in more detail herein,potential significant adverse impacts from the updated construction program have not been identified. This is primarily due to the following factors that are incorporated into the proposed change in the construction process: 1. All fill source areas in Phases 2, 3 and 4 are within the subject site and not near the perimeter of the site. Ca� �.,,., Page 2 �r, �.y _�.a �,,,..��ar�, .:�Fl ,��:, The Heritage at Cutchogue Expanded EA for Construction Phasing 2. All fill source areas are within the silt fence area already established for Phase 1, which includes the roads and drainage systems and Phase 1 residential dwelling construction. 3. All fill source areas will be established at a lower grade than the surrounding area to avoid off- site transport of material and provide a vertical separation in addition to the horizontal separation from property lines noted above. 4. All fill source areas will be surveyed for presence of the Eastern Box Turtle prior to clearing in keeping with the provisions of the original approval resolution. 5. The fill source area does not provide suitable habitat for the Northern Long-Eared Bat as determined through ecological survey work performed in conformance with conditions of Site Plan approval. 6. All fill source areas will have a slope of less than 1:3 for any grade transitions within the cleared area. 7. The entire fill source area in Phases 2, 3 and 4 will be prepared by cutting and removing above ground vegetation; however, grubbing, removal of organic material, and borrow of fill material will only occur as it is needed for fill in Phase 1. Above ground vegetation that is removed will be processed as mulch and left on-site for erosion control. As a result, surface soils will remain stable until fill is actually needed, and once fill is removed, mulch generated on-site will be applied to bare soils to provide soil stability, erosion and dust control. Only fill that is needed for final setting of grades in Phase I will be removed from Phases 2, 3 and 4, and this will only occur when the material is needed, thus reducing the time frame of exposed soils in the fill source area. 8. The fill source area will be subject to the Soil Management Plan (SMP) pursuant to the approved site plan and resolution of approval. 9. The Applicant will monitor the fill source areas in Sections 2, 3 and 4 daily during days of construction to ensure that mulch is present to stabilize exposed soils. If necessary, a water truck will be used to dampen exposed soils to avoid fugitive dust. 10. The fill source area will only be temporarily disturbed expressly as noted above. Ultimately, these areas are proposed to be developed in conformance with the approved site plan. The Applicant will seek to move into each phase consecutively as quickly as possible in conformance with the existing conditions of approval that the next subsequent phase will be started once 75% of the units in the preceding phase have been issued Certificates of Occupancy. The following sections provide additional detail on the proposed phased clearing program for construction as well as impact assessment with the understanding of the general approach as outlined above. 2.0 DESCRIPTION OF THE PROPOSED PHASED CLEARING PROGRAM The FEIS and Findings Statement indicated that, in order to minimize the degree of impacts associated with clearing of the site for the residences, internal roadways and amenities, the project would be developed in four Phases. In this way, the potential impacts to resources associated with clearing operations would be limited to discrete portions of each Phase, and decreased in magnitude (i.e., decreased in the acreage to be cleared at any one time). rwor ,,u.0�s ,�a�+I� �. I.ati dm�m.n ,�r:. Page 3 C,I I AY.'C I,IT "N„s", 0N.,m The Heritage at Cutchogue Expanded EA for Construction Phasing As noted above, the FEIS and Findings Statement provided an estimate of the total acreage of land to be cleared for Phase 1 (19.3± acres), and it was on this assumption and value that the evaluation of impacts in the FEIS and Findings Statement were based. However, subsequent detailed engineering analysis indicates that grades of about 4.3 acres in Phase 1 will require filling to a depth averaging eight(8) feet. This equates to approximately 1,500,000 cubic feet of fill, or 55,556 cubic yards (CY) of fill. As the Applicant proposes to use excavated soil from within the site (i.e., soil excavated during clearing of Phases 2, 3 and 4), it is now proposed to generate this volume of fill by excavating I1± acres of land in Phases 2, 3 and 4 to an average depth of three (3) feet (see Appendix A). As a result, it is necessary that approximately 11 acres in Phases 2, 3 and 4 be cleared in association with development of Phase 1, rather than delay clearing of Phases 2, 3 and 4 until such time that these phases are to be developed. Table 1 provides a comparison of the acreages anticipated to be cleared for each phase of the project, for both the approved project and for the proposed phased clearing program. As can be seen, the effect of the program change is to increase the acreage of land cleared for Phase 1 of the project, from 19.3 acres to 30.3 acres. However, the proposed clearing program change will not change the total acreage of land cleared for the overall project; the same 38.3 acres as analyzed in the FEIS and Findings Statement will be cleared under the proposed clearing program change. The difference is that the proposed clearing program will clear 1 if acres of land in Phases 2, 3 and 4 as part of Phase 1 development, whereas, under the approved plan, these 1 if acres would be cleared later, as part of the 19 acres of clearing for Phases 2, 3 and 4. Thus,the proposed clearing program change will not change the amount of clearing for the overall project; it merely changes the amount of clearing for Phase 1 (for 11± acres of land that would later be cleared anyway, for Phases 2, 3 and 4). Additionally, the proposed clearing program change will not alter the amount or configuration of naturally-vegetated land to be retained as buffers and/or open spaces. Table 1 COMPARISON OF PROPOSED CLEARING Approved Clearing Program vs. Proposed Clearing Program Parameter Areas to Be Cleared for Phase 1( cres) Areas to Be Cleared for Project(acres) �. t`oved Proposed Phase 1 19.3 19.3 19.3 Phase 2 0 4. (4) 6.� M Phase 3 0 2.6(4) 6.6(2) Phase 4 0 3.6(4) 6.1 �3y Totals 19.3 30.3 .. 38.3 „ w (1) 1.5 acres of additional clearing on Phase 2 will occur,when developed. (2) 4.0 acres of additional clearing on Phase 3 will occur,when developed. (3) 2.5 acres of additional clearing on Phase 4 will occur,when developed. (4) Totals 1 if acres of additional proposed clearing in Phase 1 development. To provide further mitigation of potential impacts, the Applicant intends to conduct the clearing on Phases 2, 3 and 4 in a sequenced manner, wherein the needed fill material is initially obtained from Phase 2 then, when these 4.8 acres are exhausted, fill from the 2.6 acres in Phase 3 will be obtained. At such time that all 2.6 acres of Phase 3 have been exhausted,the 3.6 acres of Phase 4 W Page 4 u.rv.✓rn ar !0.w i W. r Ty ..er i�..,nc m ✓'m ui_m uu.rr The Heritage at Cutchogue Expanded EA for Construction Phasing will be used to provide the remaining fill. It is expected that this sequenced clearing operation will help reduce adverse impacts, by limiting the area on which clearing is conducted at any one time, and reducing truck noises and emissions by reducing the distance between sites of excavation and filling. It is proposed that, as excavations of the areas providing fill are completed, these areas will be covered by mulch generated from the vegetation previously cleared from them, which will have been stockpiled for such re-use. These areas will be monitored on a daily basis by the construction manager, ensuring that the potential for erosion from the underlying soil is minimized. If necessary, a water truck will be used to dampen exposed soils to avoid fugitive dust. The Applicant will arrange to transplant a significant number (estimated at up to 50 trees) of eastern red cedar trees now on the site from areas to be developed and into the designated perimeter buffer areas. With respect to the fill source area, the following conditions exist with respect to its juxtaposition within the development and further management considerations to minimize potential impacts. All fill source areas in Phases 2, 3 and 4 are within the subject site and not near the perimeter of the site. All fill source areas are within the silt fence area already established for Phase 1, which includes the roads and drainage systems and Phase 1 residential dwelling construction. All fill source areas will be established at a lower grade than the surrounding area to avoid off-site transport of material and provide a vertical separation in addition to the horizontal separation from property lines noted above. All fill source areas will have a slope of less than 1:3 for any grade transitions within the cleared area. Based on the construction/clearing program outlined herein,the following section assesses potential impacts of this more detailed construction program subject to the management provisions identified. 3.0 ANALYSIS OF POTENTIAL IMPACTS 3.1 Vegetation and Wildlife The Findings Statement contains the following with respect to Vegetation and Wildlife resources: Potential Impacts: The impacts to vegetation and wildlife are expected to be moderate to large from this project. 1. Vegetation 2. Wildlife a. Eastern Box Turtle b. Northern Long-eared Bat c. Other wildlife species m,,,. Page 5 N 4WW1" :I'N T M 11: .fAJ N AI,111 n w �0"•R': I The Heritage at Cutchogue Expanded EA for Construction Phasing Mitigation: 1. 23+/-acres of open space to be set aside as open space(50 percent of the site). a. Of this, 6.52+/-acres will be in the form of a natural buffer of 50'or more around most of the perimeter (not to be cleared or graded), including areas of the Successional Old Field, Successional Shrubland and Successional Southern Hardwoods ecological communities. b. An area of 9+/- acres will be managed as natural habitat after replanting with native vegetation(and will not include long-term irrigation). c. The natural buffer and native vegetation areas together include 15 +/-acres or 32% of the project site that will be managed as native vegetation and wildlife habitat. i. These areas will be identified on the site plan. ii. Management of areas for native vegetation and wildlife habitat (as recommended from the New York State Department of Environmental Conservation Natural Heritage Program)will include the following: 1. Mowing Timing-No mowing from May through October 15 to avoid turtles and other wildlife 2. Mowing Rotation - mowing permitted only once a year after October 15, once every two years is preferable. Another option is to mow half the area one year, and the other half the next year. 3. Mower Style — Avoid flail mower heads with guide bars that ride along the ground. 4. Mowing Height — No less than 7 inches of stubble height must be retained to reduce mortality and retain important cover for animals. 5. Mowing Pattern - Mow in a pattern from the center outward to avoid congregating fleeing animals into the center. 6. Invasive or noxious plant removal must be done by hand-pulling only. 7. Buffer area—no mowing allowed. d. Additional existing trees on the edges of the natural areas with high wildlife value, such as oak species, will also be preserved to the greatest extent practicable and where they will not interfere with necessary grading and drainage. Particularly valuable trees may require some adjustment to the location of grading, drainage and septic systems to preserve them. 2. The construction phasing plan has been changed from the entire property being clear-cut and graded all at once, to a more gradual phased plan where the property will be cleared and graded in four phases over time. Each phase will be completed with native plantings in the natural areas and buffers in place prior to the next phase being cleared to provide some replacement of the habitat. 3. The clearing of each phase will follow the schedule that is reviewed and approved by the Planning Board prior to final site plan approval. 4. The roadway section from the emergency access to the cul-de-sac will not be cleared until Phase 4 to preserve more undisturbed natural habitat for a longer period. 5. Existing native evergreens and shrubs will be preserved and transplanted into and adjacent to the buffers, and throughout the site where appropriate. 6. Clearing, grading&transplanting will occur only in the areas identified within the limits of each phase. .III „Old 4i11 ttl-41X^M.mw6 ,W m4I II.Z Page III' m &T4m U A,Y11N,- The Heritage at Cutchogue Expanded EA for Construction Phasing 7. The Planning Board will require the developer be responsible for all required vegetation to survive at least three years or be replaced. After the three years, the condominium association will be responsible for maintaining the vegetation as approved in the site plan. 8. The amount of land to be cleared (by phase) at any one time must be specified in writing to the Lead Agency prior to final site plan approval. 9. The land area to be cleared shall be staked and inspected by the Planning Board or their designees prior to any land clearing. 10. Trees and/or shrubs that can be left in place shall be flagged and protected during clearing and grading. 11. Trees or shrubs that will be transplanted to the buffer will be flagged, and a site visit conducted by the Planning Board to approve where the clearing will occur, which trees will remain, which will be transplanted to the buffer, and where in the buffer they will be planted. 12. The large drainage swales to be cleared in Phase 1 will be seeded with the native plant mix as soon as possible after grading is completed. 13. Prior to beginning the next phase of the project, all planting in the prior phase will be completed. 14. The Eastern Box Turtle, as a New York State-listed species of Special Concern, requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section II- 0103(5)(c). Although the FEIS discusses avoiding clearing during breeding season as mitigation for the taking of Eastern Box Turtle, upon receiving more information the Lead Agency finds that clearing can be allowed at any time of the year so long as surveys are conducted according to the protocol listed below. This protocol is for successional old field habitat, and is from the Eastern Box Turtle protection guidelines from the Massachusetts Natural Heritage&Endangered Species Program, as provided by the New York Natural Heritage Program. To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: a. Prior to the commencement of any vegetative clearing activity,temporary turtle barriers shall be installed around the limits of work and pre-construction turtle surveys must be conducted during appropriate weather conditions. Turtle barrier design specifications will be provided by the Lead Agency; however,they are basically the same as silt fencing(without hay bales), and can likely serve both purposes. b. Installation of the temporary turtle barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. c. The bottom of the silt fencing must be buried in a 4 to 6-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. d. The silt fencing must be composed of at least 2 '/2 feet of vertical barrier above ground. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. e. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). f. The turtle barrier(silt fencing)should be installed immediately prior to the required survey. g. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. ao aw.ae s vo s LLc Page 7 ENVVA M NTLL,PL VALA G CON%_LTWX; The Heritage at Cutchogue Expanded EA for Construction Phasing h. Turtle barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. i. Routine turtle barrier maintenance is required during the Turtle Active Season (April 1st through October 31 st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. j. Outside the Turtle Active Season (November 1 st through March 31 st) — If the barrier has been left in place over the winter months and construction is on-going, a biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. k. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles. 1. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort in. Timing of survey i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist: n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation and results of the survey must be provided to the Planning Department as soon as possible after completion. 15. Northern long-eared bat(Myotis septentrionalis) Correspondence from the New York Natural Heritage Program (NYNHP) included in the DEIS indicates that no agency records currently exist for northern long-eared bat (Myotis septentrionalis), however, this is not a definitive assessment on the current or future use of the site by the species. To minimize loss of northern long-eared bats, the following actions shall be taken: a. Trees around the perimeter shall be preserved within the buffer shown on the site plan. b. Trees capable of providing roost trees outside the buffer shall be preserved to the greatest extent practicable. c. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree- clearing to search for any signs of bat roosting. d. Avoid tree removal during the pup season from June 1 through July 31. 16. Spring peepers(Pseudacris crucifer) The occurrence of Spring peepers or habitat thereof on site could not be verified by field observations and site analysis. No mitigation to prevent impacts to the species or habitat is proposed. Based on the foregoing, all significant adverse impacts to vegetation and wildlife have been mitigated to the greatest extent practicable. It should be noted that the proposed clearing program changes are limited to the timing of clearing activities that have already been described and evaluated in the FEIS and Findings Statement, and will not change either the amount or configuration of clearing on the overall site. Page 8 4'::.I' WEN I IOW. �..:,'W`htl^,_ i.:.9;,"iR'n'-..`d..,tl..1 fM' „ The Heritage at Cutchogue Expanded EA for Construction Phasing As a result, there will be no net change in the degree of impact to vegetation and/or wildlife resources. It is noted that impacts to vegetation and wildlife impacts were found to be mitigated through Mitigation identified in the Findings Statement and outlined above. The long-term impacts will not change; however, the timing of impacts in the proposed fill source areas of Phases 2, 3 and 4 will occur sooner, but will retain the mitigation outlined in the FEIS and Findings Statement. When development of Phases 2, 3 and 4 occurs, additional clearing within these phases will occur, to conform to the values upon which the impact analyses of the FEIS and Findings Statement have already been prepared. The nature and extent of the proposed clearing program changes will not require any changes to the mitigation measures specified in the FEIS and Findings Statement with respect to endangered species, open spaces,management of areas for native vegetation and wildlife habitat. With respect to Findings Statement Item 14, a series of site visits were conducted by qualified Nelson, Pope & Voorhis, LLC staff from May 15, 2017 through May 24, 2017 to locate Eastern box turtles within the area of proposed clearing, and relocate any turtles that were found to an undisturbed area of the property. All investigations began within an hour to an hour and a half after sunrise to ensure surveys were conducted during prime hunting and foraging times. A total of 4 survey hours per acre of clearing was devoted to the detection and relocation of Eastern box turtle. The project site was divided into two-acre plots, and each plot was randomly traversed for complete coverage of the property. Particular care was taken to turn leaf litter and survey under heavy ground cover to increase the overall efficacy of the survey, as this species is known to hide and/or burrow in these areas. Upon inspection, twelve (12) individual Eastern box turtles were relocated outside of the area of disturbance, two additional turtles were found injured and transported to Turtle Rescue of the Hamptons, Inc. for assessment and treatment. With respect to Findings Statement Item 15, a site visit was conducted on May 4, 2017 to detect potential signs of Northern Long-Eared Bat(NLEB) roosting and identify potential roost trees on the subject site. Upon inspection, it was determined that no suitable roost trees were located on the property, and no signs of NLEB presence were observed. The majority of the site consists of successional shrubland and, as such, offers no suitable roost trees or habitat as expected for this type of habitat and as observed in the field. A small part of the southeast corner of the property can best be categorized as successional northern hardwood forest. Due to the thick canopy, heavy understory growth and absence of suitable crevices or snags, none of the trees in this area were determined to be suitable habitat for NLEB roost. As noted in Section 2.0 above, the Applicant will arrange to transplant a significant number (estimated at up to 50 trees) of eastern red cedar trees now on the site from areas to be developed and into the designated perimeter buffer areas. 3.2 Soils The Findings Statement contains the following with respect to Soil resources:. �� Page 9 The Heritage at Cutchogue Expanded EA for Construction Phasing Potential Impacts: 1. Loss of agricultural soil. The loss of approximately 92 percent of the soils on site classified as productive agricultural soil is an unavoidable impact. Development of the subject property for residential use, in accordance with its zoning classification and development design makes continued agricultural use of the property infeasible. Therefore, the loss of agricultural soils is an adverse impact that cannot be mitigated. 2. Erosion The loss of topsoil through erosion when the soil is exposed is possible during construction. Mitigation for Potential Erosion: The following measures will be implemented to reduce the potential for erosion and sedimentation due to construction activity: 1. Limits of clearing and grading will be established, and construction fencing will be installed along the limits. 2. Existing vegetation to remain will be protected and remain undisturbed during construction. 3. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties or roadways. 4. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. The construction entrance will be maintained until the site is permanently stabilized. 5. Clearing and grading will be scheduled to minimize the size of exposed areas and the length of time areas are exposed. 6. Cleared areas, exposed soil and stockpiles will be kept stabilized through the use of temporary seeding and other measures as approved by the Planning Board and the Town Engineer. 7. A dust control and watering plan will be instituted to prevent surface and air movement of dust from disturbed soil surfaces. 8. Drainage inlets will be protected through the use of sediment barriers and traps as required. 9. Sediment barriers and other erosion control measures will remain in place until disturbed areas are permanently stabilized. 10. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. 11. Soil Management Plan In addition, a more detailed soil management plan will be developed that will include many of the measures listed above. The soil management plan is directed, in part, towards mitigating impacts to public health from soils potentially contaminated with arsenic, and fugitive dust, as well as erosion. 12. Vegetated Buffer A natural, vegetated buffer will be left around the perimeter of the site and will be supplemented with evergreens. This buffer will provide mitigation by not allowing soil to be stripped all the way to the property line, and by providing a windbreak to reduce wind erosion. Plantings within this buffer area will be done carefully and using procedures to prevent windblown soil and dust. The specific procedures will be determined in the Overall Planting Plan and Soil Management Plan described above. The proposed clearing program change will not increase the overall acreage to be cleared on the site than was already subject to analysis in the FEIS and Findings Statement; the proposed N"„Gt.-„O"+d Page 10 The Heritage at Cutchogue Expanded EA for Construction Phasing clearing program changes are limited to performing some of the clearing planned for Phases 2, 3 and 4 in Phase 1, rather than performing all of that clearing at such time that Phases 2, 3 and 4 are developed. The change in the sequence of during Phase 1 as related to the fill source area will not increase the potential for and extent of impact on soil resources in comparison to the analyses prepared for the FEIS and Findings Statement. Approximately 11 acres of vegetated land that would have been undisturbed in Phases 2, 3 and 4 will be cleared during Phase 1. Impacts associated with this additional clearing include: increased risk of soil erosion, and increased potential to raise dust from denuded soil surfaces. However, it is noted that these impacts will be temporary in duration and, when development of Phases 2, 3 and 4 occurs, additional clearing within these phases will occur, to conform to the values upon which the impact analyses of the FEIS and Findings Statement have already been prepared. The nature and extent of the proposed clearing program changes will not require any changes to the mitigation measures specified in the FEIS and Findings Statement with respect to erosion control measures, dust control measures, soil management plans, or retention of naturally- vegetated buffers. A number of measures are outlined in Section 2.0 above,that are important in assessing potential soil impacts as related to the change in construction phasing. These are noted as follows: • All fill source areas in Phases 2, 3 and 4 are within the subject site and not near the perimeter of the site. • All fill source areas are within the silt fence area already established for Phase 1, which includes the roads and drainage systems and Phase 1 residential dwelling construction. • All fill source areas will be established at a lower grade than the surrounding area to avoid off- site transport of material and provide a vertical separation in addition to the horizontal separation from property lines noted above. • All fill source areas will be surveyed for presence of the Eastern Box Turtle prior to clearing in keeping with the provisions of the original approval resolution. • The fill source area does not provide suitable habitat for the Northern Long-Eared Bat as determined through ecological survey work performed in conformance with conditions of Site Plan approval. • All fill source areas will have a slope of less than 1:3 for any grade transitions within the cleared area. • The entire fill source area in Phases 2, 3 and 4 will be prepared by cutting and removing above ground vegetation; however, grubbing, removal of organic material, and borrow of fill material will only occur as it is needed for fill in Phase 1. Above ground vegetation that is removed will be processed as mulch and left on-site for erosion control. As a result, surface soils will remain stable until fill is actually needed, and once fill is removed, mulch generated on-site will be applied to bare soils to provide soil stability, erosion and dust control. Only fill that is needed for final setting of grades in Phase 1 will be removed from Phases 2, 3 and 4, and this will only occur when the material is needed, thus reducing the time frame of exposed soils in the fill source area. i.�A..A 4"',A IE P 41.i C1 W J�,,.;;: .-. Page 11 �� The Heritage at Cutchogue Expanded EA for Construction Phasing • The fill source area will be subject to the Soil Management Plan (SMP) pursuant to the approved site plan and resolution of approval. With regard to the SMP, mitigation Item 11 above addresses the preparation of a detailed Soil Management Plan designed to include not only the measures stated in Items 1 through 10 (of the Mitigation identified in the Findings Statement), but also mitigates impacts to public health from soils potentially contaminated with arsenic. The Applicant will have the required SMP prepared in full conformance with the FEIS and Findings Statement, and the proposed clearing program changes will conform to the requirements of that SMP. As discussed in Section 2.0 and noted above, the Applicant will conduct the additional clearing on Phases 2, 3 and 4 in a sequenced manner where the 4.8 acres of clearing for Phase 2 will be completed before clearing of 2.6 acres on Phase 3 begins; the additional 3.6 acres of clearing for Phase 4 will commence after completion of the additional clearing in Phase 3. The intent of this sequenced clearing operation is to help reduce adverse impacts, by limiting the area on which clearing is conducted at any one time, and reducing truck noises and emissions by reducing the distance between sites of excavation and filling. 3.3 Transportation The Findings Statement contains the following with respect to Transportation resources: Potential Impacts: The potential impacts to transportation, as a result of the proposed development, have been comprehensively evaluated in the Traffic Impact Analysis (TIA) Report included as Appendix G of the DEIS, and summarized in Section 3.1 of the DEIS text. The TIA Report concluded that "[t]he traffic generated by the proposed development can be accommodated by the adjacent roadway network." While the Lead Agency agrees that the volume of traffic from the development once completed can be accommodated by the adjacent roadway network, there remain safety and quality of life impacts related to traffic that must be mitigated. 1. Traffic safety due to increased traffic from the development. 2. Pedestrian safety due to increased traffic from the development. 3. Traffic and pedestrian safety in the short term during the construction phases of the proposed project. Mitigation: 1. Re-alignment of the intersection of Schoolhouse Road and Griffing Street so the two roads meet at approximately a right angle to be designed and installed at the expense of the Heritage at Cutchogue. The project driveway does not have to meet the intersection at a right angle,however the final design will be subject to approval by the Town Engineer, Town Highway Superintendent and the Planning Board as part of the final site plan approval. 2. Subject to Southold Town Board approval, create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. In other words, Stop signs will be installed so that all traffic will stop at this intersection, regardless of the direction is it traveling. The installation of these stop signs will be at the expense of the Heritage at Cutchogue. Page 12 : MN„r M"N NqNu I I u,..i="NNVhCw,,CV @ r III,µ.Yl.. The Heritage at Cutchogue Expanded EA for Construction Phasing 3. Install a crosswalk from the east side of the Heritage at Cutchogue's driveway across Schoolhouse Road. The installation of this crosswalk will be at the expense of the Heritage at Cutchogue. 4. Install a sidewalk (approximately 600 feet in length) that connects the crosswalk and Heritage project site to the sidewalk existing in front of the Post Office which also connects to the rest of the Cutchogue hamlet center and Route 25. The installation of this sidewalk is planned to be accomplished by the owner of the land adjacent to the east side of Griffing Street where the sidewalk would traverse. In the event the sidewalk has not been installed by the time the Heritage at Cutchogue is ready to begin Phase 4 of this proposed development, the Heritage will be responsible for its design and construction, subject to the approval of the Town Engineer and the Town Highway Superintendent. 5. Temporary Construction Route directly to Depot Lane over the property to the east. Impacts from construction traffic would be mitigated by the applicant providing a separate dedicated temporary construction route over property with access to Depot Lane. This may not be possible because it requires an adjacent private landowner to agree, however the Heritage at Cutchogue must show a good faith effort was made to use the temporary construction route from the landowner by providing the Lead Agency with written evidence, prior to the final site plan approval. 6. Construction Traffic Management and Logistics Plan a. A bi-annual submittal, subject to the approval of the Planning Board, of a Construction Traffic Management and Logistics Plan to address and adapt to changing conditions (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) in the area over time and address community concerns (if any), and that will include, at a minimum,the following: i. A notice provided to all contractors and subcontractors accessing the site about the following: 1. Area speed limits, 2. Public and private school safety zones 3. Residential neighborhoods ii. Days/hours of proposed construction activity iii. Parking areas for workers and heavy vehicles iv. Construction staging areas v. Measures to ensure protection of land and integrity of local roadways vi. Construction Vehicle Route Designation Prior to beginning each of the four phases of construction, the Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board,with recommendations from the Southold Town Transportation Commission. 7. Construction on Saturdays between Memorial Day and Labor Day will be limited to only indoor construction to mitigate traffic safety concerns by limiting the amount of construction traffic traveling to and from the site. The summer months are the peak times for pedestrian and bicycle use, especially on weekends, and limiting construction traffic will mitigate potential impacts on safety. 8. Subject to Southold Town Board approval, replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. 9. Subject to Southold Town Board approval, install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. Page 13 u,,WIR i m iu"'i r r,,,,, i .,. W;. The Heritage at Cutchogue Expanded EA for Construction Phasing Based on the foregoing, all significant adverse impacts to transportation have been mitigated to the greatest extent practicable. It is not expected that the proposed clearing program changes will change the results of the traffic impact analysis for the overall project, which was subject to Board analysis in the FEIS and Findings Statement. The change in the sequence of clearing during Phase 1 is not expected to increase the level or duration of impact on traffic flow in the vicinity as the ultimate clearing and grading for the overall site was anticipated and assessed in the DEIS, FEIS and Findings Statement. Though the sequencing of on-site activity will change, the overall construction related activity is expected to remain the same as previously anticipated. In addition, these impacts will be temporary in duration and, staging and construction management are addressed through Mitigation 6 as noted above which calls for a Construction Traffic Management and Logistics Plan. The Applicant has been working with the Town to ensure that construction is properly managed and will continue to do so to ensure that off-site impacts due to construction are minimized to the maximum extent practicable. This plan seeks to locate staging areas such that earthmoving equipment is stored on-site overnight; as a result, there would be no local roadway impact at all. During the workday, these trucks will operate entirely within the site, moving excavated fill material from Phase 2, 3 and 4 to Phase 1, so that no impact to the vicinity will occur. Finally, when development of Phases 2, 3 and 4 occurs, additional clearing within these phases will occur, to conform to the values upon which the traffic impact analyses of the FEIS and Findings Statement have already been prepared. The numbers of truck trips generated during these times will be less than those assumed for the FEIS and Findings Statement, as substantial portions of Phases 2, 3 and 4 will have already been cleared, thereby reducing the number of truck trips and/or duration of clearing activities involved, and thereby reducing traffic impacts. The nature and extent of the proposed clearing program changes will not require any changes to the mitigation measures specified in the FEIS and Findings Statement with respect to traffic- related issues. It is further noted that the cut and fill on the overall site is nearly balanced. If the use of material from Phases 2, 3 and 4 is not provided as a source of fill material for Phase 1, material will need to be trucked to the site to complete Phase 1. This would result in extensive truck traffic during Phase 1, as well as excess material at the end of completion of Phases 2, 3 and 4 due to the need to export material. The solution to make fill material available from Phases 2, 3 and 4 to complete Phase 1 avoids these impacts. 4.0 SUMMARY& CONCLUSIONS The impact analyses presented in this document are intended to be useful to the Board in its determination of the significance of the potential impacts of the proposed clearing program change. The following summarizes the anticipated impacts of the proposed action, as described and discussed in Section 3.0 of this document. Page 14 ENVWON/ENT.oL•FLGNNNC'•CD`bZ.ITIIC"i The Heritage at Cutchogue Expanded EA for Construction Phasing 4.1 Summary eewtation and.Wildlife • As the proposed clearing program changes will not increase the amount or configuration of clearing on the overall site than that already described and analyzed in the FEIS and Findings Statement, no net change in the degree of impact to vegetation and/or wildlife resources will occur. • It is noted that impacts to vegetation and wildlife impacts were found to be mitigated through Mitigation identified in the Findings Statement and outlined above. The long-term impacts will not change; however, the timing of impacts in the proposed fill source areas of Phases 2, 3 and 4 will occur sooner, but will retain the mitigation outlined in the FEIS and Findings Statement. When development of Phases 2, 3 and 4 occurs, additional clearing within these phases will occur, to conform to the values upon which the impact analyses of the FEIS and Findings Statement have already been prepared. • The nature and extent of the proposed clearing program changes will not require any changes to the mitigation measures specified in the FEIS and Findings Statement with respect to endangered species, open spaces,management of areas for native vegetation and wildlife habitat. • In conformance to Findings Statement Item 14,a series of site visits were conducted to locate Eastern box turtles within the area of proposed clearing, and relocate any turtles that were found therein to an undisturbed area of the property. All investigations began within an hour to an hour and a half after sunrise to ensure surveys were conducted during prime hunting and foraging times. Particular care was taken to turn leaf litter and survey under heavy ground cover to increase the overall efficacy of the survey, as this species is known to hide and/or burrow in these areas. Upon inspection, twelve (12) individual Eastern box turtles were relocated outside of the area of disturbance, two additional turtles were found injured and transported to Turtle Rescue of the Hamptons, Inc. for assessment and treatment. • As required by Findings Statement Item 15, a site visit was conducted to detect potential signs of NLEB roosting and identify potential roost trees on the subject site. The inspection found no suitable roost trees on the property, and no signs of the NLEB were observed. The majority of the site consists of successional shrubland and, as such, offers no suitable roost trees or habitat as expected for this type of habitat and as observed in the field. A small part of the southeast corner of the property can best be categorized as successional northern hardwood forest. Due to the thick canopy, heavy understory growth and absence of suitable crevices or snags, none of the trees in this area were determined to be suitable habitat for NLEB roost. • The Applicant will arrange to transplant a significant number(estimated at up to 50 trees) of eastern red cedar trees now on the site from areas to be developed and into the designated perimeter buffer areas. Soils • The proposed clearing program change will not increase the acreage of clearing on the overall project site than was already subject to analysis in the FEIS and Findings Statement; the proposed clearing program changes will merely perform a portion of that clearing in Phase 1, rather than performing that clearing later,when Phases 2,3 and 4 are developed. As such,the impact of the project's overall clearing program has already been described and evaluated. • The change in the sequence of during Phase 1 as related to the fill source area will not increase the potential for and extent of impact on soil resources in comparison to the analyses prepared for the FEIS and Findings Statement. Approximately 11 acres of vegetated land that would have been undisturbed in Phases 2, 3 and 4 will be cleared during Phase 1. Impacts associated with this Y Page 15 ai X'^N'I u-ki_M^W µhdv ur 11L ON..in"°,IVHN nCn,., U0..I"MdlG, The Heritage at Cutchogue Expanded EA for Construction Phasing additional clearing include: increased risk of soil erosion, and increased potential to raise dust from denuded soil surfaces. However, it is noted that these impacts will be temporary in duration and, when development of Phases 2, 3 and 4 occurs, additional clearing within these phases will occur, to conform to the values upon which the impact analyses of the FEIS and Findings Statement have already been prepared. • The nature and extent of the proposed clearing program changes will not require any changes to the mitigation measures specified in the FEIS and Findings Statement with respect to erosion control measures,dust control measures,soil management plans,or retention of naturally-vegetated buffers. • As discussed in Section 2.0, the Applicant will conduct the additional clearing on Phases 2, 3 and 4 in a sequenced manner where the 4.8 acres of clearing for Phase 2 will be completed before clearing of 2.6 acres on Phase 3 begins; the additional 3.6 acres of clearing for Phase 4 will commence after completion of the additional clearing in Phase 3. The intent of this sequenced clearing operation is to help reduce adverse impacts, by limiting the area on which clearing is conducted at any one time, and reducing truck noises and emissions by reducing the distance between sites of excavation and filling. �ng_11%P_(_taf1O11 • It is not expected that the proposed clearing program changes will result in any changes in the impacts associated with overall project, which have already been subject to Board analysis in the FEIS and Findings Statement. • The change in the sequence of clearing during Phase 1 is not expected to increase the level or duration of impact on traffic flow in the vicinity as the ultimate clearing and grading for the overall site was anticipated and assessed in the DEIS, FEIS and Findings Statement. Though the sequencing of on-site activity will change,the overall construction related activity is expected to remain the same as previously anticipated. In addition, these impacts will be temporary in duration and, staging and construction management are addressed through Mitigation 6 as noted above which calls for a Construction Traffic Management and Logistics Plan. The Applicant has been working with the Town to ensure that construction is properly managed and will continue to do so to ensure that off- site impacts due to construction are minimized to the maximum extent practicable. This plan seeks to locate staging areas such that earthmoving equipment is stored on-site overnight; as a result, there would be no local roadway impact at all. During the workday, these trucks will operate entirely within the site, moving excavated fill material from Phase 2, 3 and 4 to Phase 1, so that no impact to the vicinity will occur. Finally, when development of Phases 2, 3 and 4 occurs, additional clearing within these phases will occur,to conform to the values upon which the traffic impact analyses of the FEIS and Findings Statement have already been prepared. The numbers of truck trips generated during these times will be less than those assumed for the FEIS and Findings Statement, as substantial portions of Phases 2, 3 and 4 will have already been cleared,thereby reducing the number of truck trips and/or duration of clearing activities involved, and thereby reducing traffic impacts. • The nature and extent of the proposed clearing program changes will not require any changes to the mitigation measures specified in the FEIS and Findings Statement with respect to traffic-related issues. • It is further noted that the cut and fill on the overall site is nearly balanced. If the use of material from Phases 2,3 and 4 is not provided as a source of fill material for Phase 1,material will need to be trucked to the site to complete Phase 1. This would result in extensive truck traffic during Phase 1, as well as excess material at the end of completion of Phases 2, 3 and 4 due to the need to export material. The solution to make fill material available from Phases 2, 3 and 4 to complete Phase 1 avoids these impacts. r1ti111l,lL„rr u v 7u„S r�m.,.0 v a " Page 16 r�,v'3`d a`u�auv„m�;„r��„w4 r-'�, :Al..��r,�s+,di p'I- i`'::Iw The Heritage at Cutchogue Expanded EA for Construction Phasing 4.2 Conclusions This document is intended to provide information to the Southold Town Planning Board for its use and consideration on the potential impacts of the proposed clearing program changes for The Heritage at Cutchogue project. This Expanded EA has been structured to address the issues pertinent to the action that were presented in the FEIS and Findings Statement, which were prepared and accepted by the Town. The impact discussions and analyses herein are to then be used by the Board to determine the environmental significance of the proposed clearing program change. The analyses (summarized in Section 3.0 above) support a conclusion that the potential adverse impacts of the proposed clearing program change will not be significant and will, in any case, be geographically localized. Therefore, based on the contents of this Expanded EA, no significant impacts are expected to occur as a result of the proposed construction phasing and clearing program change. Page 17 II'dP°rY'hM tli,'lll'r,W°+M',PXrC nX %....d$H`'VdrI w C'A]],eY"+gym A VY1A, The Heritage at Cutchogue Expanded EA for Construction Phasing APPENDIX A SIP-1 VHB Engineering, Surveying & Landscape Architecture, P.C. Annotated for Updated Construction Phasing Earthwork Analysis October , 2017 M L.A..0 pig uwrra•epyry �� " �� ib. " � A � � � �R V ut cm �I I 1jgq�y µµi , flu �� tµµ Ot two I -. 33 � f mnr89A' o pe xA . V9 Ry IN � �a NMI ,y y x� s v �r Y' C'a"` n�' M 4 .. fir• �r, q f oil Y f W g gg GIB?'' � s'➢ ,I log • o y u S kjI T /fir E kill .k P y l .°�.O�c CL c gg �� 1 ` ri.. x L .ts r qr3 a n e CC# : C17-39732 c, COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 09/21/2017 under Liber D00012930 and Page 554 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 09/21/2017 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/21/2017 Number of Pages : 21 At: 10 : 48 : 09 AM Receipt Number : 17-0164980 LIBER: D00012930 PAGE : 554 District: Section: Block: Lot: 1000 102 . 00 01 . 00 033. 003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $105. 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $13 . 65 NO RPT $200 . 00 NO Fees Paid $358 . 65 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Y 1�11.2.^ Number of pages RECORDED �°ti.:iJ R° ,eep 21 0-.48.Fr74 AM TV_Ik�I l W r A. 1 PAS CLERK OF This document will be public S3i_IFFOLK CNJ,UIL,W record. Please remove all i_ a au:]iuM011.2,9_70 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/ Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee ,. ..�. 1. Basic Tax Handling wmmmm _ 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation l y) or � � Spec. /Add. EA-5217 Count SubTotal TOT. MTG.TAX EA-5217(State) — Dual Town Dual County R.P.T.S.A. r Held forAppointment Comm. of Ed. 5. 00 TransferTax Mansion Tax Affidavit G � 01 The property covered by this mortgage is Certified Copy or will be improved by a one or two family dwelling only. 15. 00 NYS Surcharge - Sub Total YES or NO Other ..._......_ Grand Total If NO, see appropriate tax clause on � � page # of this instrumeru 4 Day 3480240 1000 10200 0100 033003 ",3.003 5 Community Preservation Fund Real Prc "t2l T °, Consideration Amount$ Tax Sen L A A A e , II IIIII I „ I CPF Tax Due $ g n l!3-t 7 Verificz Improved Satisfactions/Discharges Releases Lisl:Propperty Owners Mailing Address 6 RECORD&RETURN'TO: Vacant Land CERTILMAN BALIN ADLER & HYMAN, LLP ATTN: JOHN M. WAGNER, ESQ. TD 100 MOTOR PARKWAY, SUITE 156 TD HAUPPAUGE, NEW YORK 11788 TD Mail to: Judith A. Pascale, Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Chicago Title Insurance Company www.suffolkcountyny.gov/clerk TGtP!e# C17-7474-17461-BUFF g Suffolk County Recording & Endorsement Page This page forms part of the attached„Declaration of Covenants and Restrictions (Town) made by: (SPECIFY TYPE OF INSTRUMENT) RIMOR DEVELOPMENT LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of CUTCHOGUE BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 117 day of September, 2017, by RIMOR DEVELOPMENT LLC, a New York limited liability company with a place of business located at 1721 D North Ocean Avenue, Medford, New York 11763, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate at the northwest corner of Schoolhouse Road and Griffing Street, at Cutchogue, in the Town of Southold, County of Suffolk, and State of New York (Suffolk County Tax Map parcel number 1000-102-1-33.3), more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the DECLARANT has made an application to the Planning Board of the Town of Southold (hereinafter referred to as the "Planning Board") for a residential site plan to include 124 condominium units and associated accessory structures, hereinafter referred to as the "Project," as shown on the approved site plan entitled "Harvest Pointe" (aka "Heritage at Cutchogue"), prepared by VHB Engineering, Surveying & Landscape Architecture, P.C., last dated August 30, 2017, and including 43 pages, and hereinafter referred to as the "Site Plan"; and WHEREAS, a digital copy of the Site Plan is available for reference from the Town of Southold (hereinafter referred to as the "Town"); and WHEREAS, as a condition of granting approval of the Site Plan, the Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the purpose of these covenants is to mitigate environmental and public health, safety and welfare impacts from the development of the Property, and to further the goals of the Town's Comprehensive Plan; and WHEREAS, as a condition of approval of the Site Plan and to further the Town's goals of land preservation, the Planning Board has found that 50% of the land area of the Property shall be preserved as open space, and has required that these covenants include specific restrictions over the open space portion of the Property, as shown on the aforementioned Site Plan, on Page OS-1; and WHEREAS, pursuant to § 280-97 of the Code of the Town (hereinafter referred to as the "Town Code"), entitled Right to farm, the Town has determined that farming is an essential activity within the Town, and that farmers shall have the right to farm in the Town without undue interference from adjacent landowners or users; and, for the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of the Property. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Property shall hereafter be subject to the covenants and restrictions as herein cited, to wit: 1. There shall be no subdivision of the Property resulting in additional building lots (this prohibition of subdivision shall not apply to condominium unit designation maps). No lot lines shall be changed unless authorized by the Planning Board by a majority-plus-one vote after a public hearing. 2. Until such time as the DECLARANT has paid in full the $2,000,000 fee specified in Paragraph 25 of the "Stipulation of Settlement" in NOCRO, Ltd., et al. v. Scott A. Russell, et al., Suffolk County Supreme Court Index No. 2 19101/2009, which was "so-ordered" by Justice Jerry Garguilo on September 25, 2014, the DECLARANT shall provide the Town Clerk with written notice of any sale or transfer of any portion of the Property, and any such sale or transfer must be expressly made subject to the terms and provisions of the "so-ordered" "Stipulation of Settlement," as same may be amended. 3. The Project shall be constructed in four phases, according to the Construction Phasing Plan approved for the Project by the Planning Board, unless otherwise approved by the Planning Board. Prior to commencement of Phases 2, 3, or 4 of the Project, certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase. 4. All aspects of the Project shall be constructed and maintained substantially in accordance with the Site Plan, including the architectural drawings, except where the Site Plan is amended by a majority-plus-one vote of the Planning Board after a public hearing. 5. The occupancy of all the residential units on the Property is limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 6. The clubhouse and grounds are for the personal enjoyment of the occupants of units in Harvest Pointe and their family members, and shall not be rented or leased for use by non-occupants for special events, including, but not limited to, weddings, fund-raisers and parties. 7. There shall be no more than 124 dwelling units. Accessory apartments are not permitted. 3 8. Basements in the residential units on the Property: a. shall not be used for habitable space; and b. shall not have a ceiling height in excess of eight (8)feet; and c. shall not have windows in excess of the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes. 9. Low-flow plumbing fixtures shall be used within the residential units and the community building on the Property. 10.The maximum total livable floor area for all residential units on the Property shall not exceed 234,576 square feet (i.e., 219,076 square feet of livable floor area plus a maximum increase of 125 square feet in each unit, with no expansion of the footprint of such unit), except that the Planning Board may approve additional square footage in "B" units, with no expansion of the footprints of such units, provided that the total livable floor area of all residential units on the Property shall not exceed 245,000 square feet. Any expansion must meet all other building codes and wastewater regulations of the Suffolk County Department of Health Services ("SCDHS"). "Livable floor area," for the purposes of this Declaration, is defined as all spaces within the exterior walls of a dwelling unit, but shall not include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basements having a window area of less than 10% of the square foot area of the room. 11.The maximum livable floor area in any one unit must not exceed 1,999 square feet, except for minor increases in livable floor areas within existing structures of not more than 125 square feet for any unit, so long as the total livable floor area on the Property does not exceed the amounts set forth in Paragraph 10, above. 4 12.There shall be no conversions of garages or screen porches on the Property to livable floor area.. 13.There shall be no additions to the residential units on the Property, except as set forth in Paragraphs 10 and 11, above. 14.Construction of all buildings on the Property shall comply with the New York State Energy Conservation Construction Code. 15.Prior to issuance of certificates of occupancy for any residential units on the Property: a. the clubhouse, pool, and associated site work on the Property shall be completed, and a certificate of occupancy for those amenities shall be issued; and b. all site work and infrastructure servicing the residential units must be completed in accordance with the Site Plan, and to the satisfaction of the Planning Board. 16.Owners of residential units on the Property shall be given notice as to proper methods for disposal for pharmaceuticals and shall be instructed not to dispose of such materials in the wastewater disposal system on the Property. 17.A total of$2,000,000.00 shall be payable by the DECLARANT for all park, recreation area, affordable housing, professional, and other fees associated with the Project, other than post-site plan building permit and inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to the Town upon issuance of each certificate of occupancy for the 124 residential units included in the Project. Notwithstanding the foregoing, any balance of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023 shall be paid in full on or before such date. 5 18.With respect to wastewater disposal from the Project: a. the Project shall use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk County Sanitary Code); b. the Project developer shall be responsible for continued successful operation of the I/A OWTS systems on the Property until such time as a condominium owners association takes over the management of the Property; and C. an annual monitoring report shall be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, and the duration and methodology of such annual reporting shall be determined in conjunction with the Suffolk County Department of Health Services ("SCDHS"). 19.All exterior lighting on the Property, including lighting on the residential units, shall comply with (a) the provisions of Chapter 172 of the Town Code, and (b) the Lighting Plan pages of the Site Plan. Any future exterior light fixtures not shown on the Site Plan must be reviewed for compliance and approved by the Planning Board prior to installation. There shall be no lights on the tennis court on the Property. 20.An entrance gate is not permitted, and the entrance booth shall not be staffed, except with prior approval of the Planning Board after a public hearing. The entrance booth may be staffed during construction of the Project. 21.A nature trail, constructed of pervious material, shall be installed and maintained on the Property, as shown on the Site Plan. 6 22.Bike racks shall be provided at the community center and the tennis court on the Property. 23.The emergency access for the Property at Bridle Lane shall be used for emergency access only, and shall not be used for any other traffic, including construction traffic. 24.Parking shall be restricted to one side of each of the access roadways on the Property, and there shall be no overnight parking on such roadways. 25.The DECLARANT acknowledges that the Site Plan is within 500 feet of land in agricultural use. All owners and future owners of the condominiums are hereby provided notice of protected farm practices pursuant to the Town Code Farmland Bill of Rights. Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground spraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers); raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing farm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water; pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training of laborers and others in the use and care of farm equipment and animals; traveling local roads in properly-marked vehicles; and providing local farm produce markets near farming areas. These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays and weekends, at night and in the day. Such activities are presumed to be reasonable. Such activities do 7 not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare. 26.All stormwater management and drainage controls shall be maintained in perpetuity as required and shown on the Site Plan. 27.All stormwater run-off resulting from the development of the Site Plan shall be retained on site and shall be the responsibility of the Property owner to manage. 28.Utilities on the Property, including but not limited to electric, gas, telephone and cable, shall be underground. 29.Landscaping Maintenance: All plantings, landscaping, and landscape maintenance must follow the Site Plan specifications on Pages L-1 through L- 6. In particular, there is a detailed Landscape Management Plan on Page L-1 of the Site Plan. 30.All trees shall be maintained as shown on the Site Plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size shown on the Site Plan, Pages L-1, L-2, or L-3. Any change in species must be approved in writing by the Planning Board. 31.A natural, vegetated buffer, hereinafter referred to as the "Natural Buffer", shall be maintained on the Property's perimeter, at the dimensions shown on the Site Plan, for the purpose of providing substantial visual screening and providing natural wildlife habitat. The Natural Buffer shall be maintained to provide a dense double row of evergreens with supplemental plantings of native evergreens to be added where substantial visual screening does not exist naturally, or where existing trees have died. The Natural Buffer is part of the Open Space and specific restrictions are included below. 8 32.The areas on Site Plan Pages L-2 and L-3 labeled as "Seed Mix C" shall be managed for native vegetation and wildlife habitat. 33.All planted/transplanted vegetation on the Property shall survive at least three (3) years from the time each phase of the Project is completed, or shall be replaced at the expense of the Project developer. After such three (3) years, the condominium association shall be responsible for maintaining the vegetation approved in the Site Plan. 34.With respect to irrigation on the Property: a. overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season -- May through October; b. drip irrigation systems shall be used for irrigation of plantings other than lawn areas; c. soil moisture sensors shall be used to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary; d. irrigation shall be conducted so that it occurs in phases on alternating days, and the entire irrigated area is not irrigated at the same time; e. water used for irrigation shall be drawn from separate wells, a sufficient number of such wells shall be provided to avoid a cone of depression that lowers the water table or upconing that results in salt water intrusion that could affect the wells of neighbors, such wells shall be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority; and the pumps for such wells shall not create noise that measures more than 50dB at the nearest residential structure; and f. all irrigation wells shall include a meter to monitor the use of water for irrigation, and a report of the number of gallons of water used each month for irrigation shall be sent annually to the Planning Board. 9 35.Synthetic herbicides and pesticides shall not be applied on the Property except in cases where organic methods are shown to be ineffective, and a written statement is provided by an entomologist, plant pathologist, weed scientist, and/or qualified landscape professional stating that chemical treatment(s) are the only effective measure(s) for control or eradication for a particular incident of plants or pests. This written statement, together with a map showing the proposed location(s) of the problem area(s), must be submitted to the Planning Board prior to the application of the herbicide(s) or pesticide(s). All applications of herbicides or pesticides shall be made by a New York State Department of Environmental Conservation Certified Pesticide Applicator. 36.With respect to the use of fertilizer on the Property: a. fertilizer shall be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary; b. only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and a minimum 50% of Water-Insoluble Nitrogen (WIN) shall be used; and c. fertilizer shall be applied, in any application, at a maximum rate of one (1) pound of nitrogen per 1,000 square feet of land area, and no more than two (2) pounds of nitrogen per 1,000 square feet of land area shall be applied in any calendar year. 37.Open Space Prohibited and Permitted Uses The Open Space area is required to be at least 50% of the land area of the Property, and consists of a total of 23 acres, as shown on Page OS-1 of the Site Plan. The restrictions on the future uses of the Open Space, including the Natural Buffer, are as follows. Prohibited a. Vegetation Removal or Disturbance 10 The mowing, cutting, clearing, removal or disturbance of vegetation, including trees, shrubs, and groundcover, is prohibited, except as permitted below. b. Structures No buildings or other structures or improvements may be erected or constructed, except as permitted below. c. Excavation, grading, removal of materials and mining are prohibited, except where necessary for permitted activities. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal from the site of topsoil, sand, or other materials shall not take place. The topography shall not be changed except as approved by the Planning Board on the Site Plan, and there is no grading or excavation permitted in the Natural Buffer, except the minimum amount of digging necessary to create planting holes for evergreens as required to maintain a densely-vegetated screen. d. Motorized vehicles The use of motorized vehicles within the Open Space area is prohibited, including, but not limited to, recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's), except for lawn mowers and similar maintenance equipment. e. Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. f. Dumping 11 The dumping or accumulation of unsightly or offensive materials, including, but not limited to, trash, garbage, sawdust, ashes or chemical waste, is prohibited. g. Utilities The creation or placement of overhead utility transmission lines and utility poles is prohibited. Underground utilities are permitted, except in the Natural Buffer. h. Other Uses The use of the Open Space for any commercial or industrial purpose is prohibited. Other uses not permitted include paintball, shooting ranges, swimming pools, wireless facilities or cell towers, and all uses that are not consistent with the purposes of these covenants. i. Development Rights The use of the acreage of this Open Space for purposes of calculating lot yield on any other property is prohibited. All existing development rights, and any further development rights that may be created through a rezoning of the Open Space, except those required to carry out the permitted uses of and activities on the Open Space, are terminated and extinguished and may not be used or transferred to any other parcels. Permitted a. Landscape Maintenance (1) Areas labeled `Natural Buffer' (a) Clearing for the installation and maintenance of the Nature Trail as shown on the Site Plan. The exact location of the trail shall be adjusted during installation to avoid the removal of trees. 12 (b) The only vegetation allowed to be disturbed or removed are noxious or invasive plants and vines, but they must be hand- pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species that does not disturb existing native plantings is permitted without prior Planning Board approval. (c) The Natural Buffer may be supplemented or re-planted with native vegetation plantings according to the approved landscape plans in the Site Plan, or according to a re- vegetation plan with prior written consent of the Planning Board. (d) Dead or diseased trees that are a potential hazard to residences or people may be removed with prior approval from the Planning Board, and with a report from a certified arborist that the tree is dead or diseased. (e) Notwithstanding the foregoing, a dead or diseased tree that, in the opinion of a certified arborist, represents an imminent threat to structures or people may be removed without prior Planning Board approval, and the arborist shall submit a report of any such removal to the Planning Board within one business day after such removal. (f) Any tree removed, as set forth above, shall be replaced with a tree of a size and species listed on the Planning Board's list of approved trees. (2) Areas labeled `Seed Mix C' on Site Plan Pages L-2 & L-3 (a) Maintenance of these areas as natural native meadow habitat. 13 (b) Mowing is permitted as follows: i. there shall be no mowing from May through October 15 to avoid turtles and other wildlife; ii, mowing shall not be performed more than once a year after October 15; iii, mowing with flail mower heads with guide bars that ride along the ground shall be avoided; iv, no less than seven (7) inches of stubble height shall be retained to retain important cover for animals, and to reduce mortality of turtles; V. mowing shall be in a pattern from the center outward, to avoid congregating fleeing animals into the center; and vi. removal of noxious or invasive plants and vines is permitted, but they shall be hand-pulled, hand-cut, cut with machinery selective enough to keep nearby plants intact to the greatest extent practicable, or treated with organic herbicides only, except as set forth in Paragraph 35, above. (c) Substitutions of species are permitted, with prior written approval from the Planning Board after a finding that the species are native and drought-tolerant. (d) Prior written approval from the Planning Board is required for large-scale removal of noxious or invasive species, except that routine hand-pulling of invasive species, and selective application of organic herbicide or pesticide that does not disturb existing native plantings is permitted without prior Planning Board approval. (3) Other areas of Open Space (not including the Natural Buffer and areas labeled Seed Mix C): (a) All typical landscape maintenance activities are permitted. 14 (b) Vegetation may be removed and replanted according to the Site Plan with no prior approval from the Planning Board. (c) Substitutions of species are permitted, so long as at least 50% of the plants in the non-turf areas are native species with moderate to high drought tolerance. All trees must be maintained as shown on the Site Plan. b. A fence along the Property boundary, with prior Planning Board approval required prior to installation, except for repair or replacement in kind, which shall not require prior Planning Board approval. Clearing for a fence line must avoid and preserve any trees of six (6) inches diameter at breast height (dbh) or larger, and must avoid removal of the evergreens in the Natural Buffer. c. "Passive outdoor recreation," defined as dispersed, noncommercial, and non-motorized recreational activities that do not rely on buildings and have minimal impact on natural resources, is permitted. Such uses include hiking, a nature trail as shown on the Site Plan, nature observation, picnicking, cross-country skiing, snowshoeing, bird watching, and enjoyment of open space. d. Structures: a gazebo as shown on the Site Plan; solar panels as permitted by the Town Code, and only with prior Planning Board approval after a public hearing; and park benches and picnic tables, without prior approval of the Planning Board; except no structures are permitted in the areas labeled Seed Mix C or the Natural Buffer other than portions of the pedestrian path as shown on the Site Plan. e. Water supply and sewage disposal systems, and stormwater detention areas as shown on the Site Plan, are permitted; however, they shall not be located in the Natural Buffer. Stormwater detention areas must 15 be designed, landscaped, and available for use as an integral part of the Open Space area. The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority-plus-one vote of the Planning Board or its successor, following a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, or invalid or be held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the DECLARANT shall pay, either directly or by reimbursement to the Town, all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. The failure of the Town or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to 16 impose any liability whatsoever upon the Town or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT RIMOR DEVELOPMENT LLC: By: RIMLANDS INC., Manager By: Jffr y Ri and, Pr sident and MF 2 LLC, Manager y.m- be "?Morrow, Manager STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) On this,1 day of September, in the year 2017, before me personally appeared Jeffrey Rimland, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Notary PuW�c, State of Niew York No. 4,846852 Owa[ified in SUFFOLK county 17 STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) On this _ftky of September, in the year 2017, before me personally appeared Robert Morrow, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Noblic JOS PH EDWARD CZERNIAWSKI Notary Public, state of New York No, 03 Z623381 Qualified in New York CountY commission Expires 01103/201 18 Chicago Title Insurance Company TITLE NO. C17-7474-17461-SUFF SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point on the northwesterly line of Schoolhouse Lane at the southeast comer of the premises herein described,adjoining land now formerly of the Town of Southold on the southeast; THENCE South 52 degrees 55 minutes 20 seconds west, partially along the northwest of Schoolhouse Lane and partially along land now or formerly of Anjo Ltd.,216.51 feet to land now or formerly of Roman Catholic Church of the Sacred Heart; RUNNING THENCE along said last mentioned land the following two courses and distances: 1) North 37 degrees 13 minutes 30 seconds West 400.00 feet; 2) South 53 degrees 05 minutes 40 seconds West 407.11 feet to land-now or formerly on map entitled, "Map of Highland Estates", filed April 26, 1977,Map#6537; RUNNING THENCE along said last mentioned land north 36 degrees 54 minutes 20 seconds west 2009.22 feet to land now or formerly of Castello Di Borghese LLC; RUNNING THENCE along said last mentioned land,north 50 degrees, 18 minutes 10 seconds east 251.03 feet to land now or formerly on map entitled, "The Woods at Cutchogue" filed 3/23/1989, map#8717; RUNNING THENCE along said last mentioned land the following three courses and distances: 1) North 56 degrees 00 minutes 50 seconds east 145.28 feet; 2) South 37 degrees 04 minutes 30 seconds east 221.47 feet; 3) North 39 degrees 26 minutes 10 seconds east 562.84 feet to land now or formerly of Rose Vineyard LLC; RUNNING THENCE along said last mentioned land south 38 degrees 24 minutes 20 seconds east X 1904.80 feet to lard now or formerly of ahra; Page 1 of 2 24 Commerce Drive a Riverhead,New York 11901 0 (631)284-2400 0 Fax: (631)574-2355 Chicago Title Insurance Company TITLE NO. C 17-7474-17461-SUFF SCHEDULE A continued RUNNING THENCE along said last mentioned land the following two courses and distances: 1) South 37 degrees 38 minutes 50 seconds west 208.04 feet; 2) South 37 degrees 04 minutes 40 seconds east 269.77 feet to land now or formerly of the Town of Southold; RUNNING THENCE along said last mentioned land the following two courses and distances: 1) South 52 degrees 55 minutes 20 seconds west 167.99 feet; 2) South 37 degrees 04 minutes 40 seconds east 95.00 feet to the northwesterly side of Schoolhouse Lane the point or place of BEGINNING. Page 2 of 2 24 Commerce Drive• Riverhead,New York 11901 1 (631)284-2400 •Fax: (631)574-2355 October 16, 2017 Town of Southold , r Planning Board Town Hall Annex Building t � ,;� 54375 Route 25 � ��nro � ir PO Box 1179 Southold, NY 11971 Re: Heritage at Cutchogue (Harvest Pointe at Cutchogue) Cuffing of grade in areas of Phase 2, 3 and 4 for fill to be utilized in Phase 1 To whom it may concern, It has been found that upon clearing the Phase 1 area and subsequently starting on the rough grading and site infrastructure, fill is required to bring the roadways, areas in and around the buildings and the common area in this phase to grade. Unfortunately, the fill necessary to perform this action exists in Phases 2, 3 and 4 requiring that some of the areas in these phases will need to be disturbed. The Town engineering department was made aware of this situation and site inspections were performed on Monday, October 2nd with the Town engineering inspectors, Jamie Richter and Michael Collins along with the Planning Board Chairman, Don Wilcenski and on Friday, October 6th with Heather Lanza, the Planning Director. In order to generate the fill necessary to properly bring Phase 1 to grade disturbance in future phases will be required as follows: Phase 2 - approximately 4.8 of the 6.3 areas Phase 3 - approximately 2.6 of the 6.6 acres Phase 4- approximately 3.6 of the 6.1 acres Let it be noted that the perimeter areas of these phases will not be disturbed which will mitigate dust and noise to the surrounding neighborhoods.A sketch of the areas to be disturbed and the fill generated from these areas was completed on a site plan and provided to the engineering department and planning director. The following phasing plan notes and sequencing of the same for Phases 2, 3 and 4 on the Construction Phasing Plan, sheet PH-1 of the approved site plan, will be followed and completed for each phase during this process: Step 2 - Wildlife Sweeps Step 3 - Mobilization - most of which has already occurred during Phase 1 Step 4 - Limited Clearing for ESC Installation Step 5 - Erosion and sediment Control Installation Step 6 - Clearing and Grubbing/Tree Relocation and Buffer Restoration Step 7 - Soil Management Step 8 - Rough Grading and Earthwork No construction of the foundations in Phases 2, 3 and 4 will be performed during this process and Town inspections will be coordinated with the engineering department. In addition, Nelson, Pope and Voorhis has prepared an Expanded Environmental Assessment for Construction Phasing dated October 13, 2017 which was delivered via a mail to the Planning Director. Their review concluded that no significant impacts are expected to occur as a result of the proposed clearing and cutting of grade in the future phases. I'm hopeful the board will review our situation as outlined above and grant permission for us to move forward. Tha k ou in dvance. eg rs . Henr Alia Rimor Devel men LLC Project Mana Harvest Poin at utchogue Lanza, Heather From: Henry Alia <teama1ia65@gmail.com> Sent: Thursday, July 06, 2017 7:42 AM To: Lanza, Heather Subject: Re: Heritage/Harvest Pointe - update Good morning Heather, The following six (6) Hardie plank/shingle siding colors will be installed on our units as per the recommendation of the board: Cobble Stone Arctic White Light Mist Sail Cloth Navajo Beige Gray Slate Regards, Henry > On Jun 30, 2017, at 9:29 PM, Henry Alia<teamalia65@gmail.com> wrote: > Good evening Heather, > Attached is the spec sheet for the LED light that will be used to illuminate the entrance sign to the development. > It will be attached via a mounting bracket and faced down onto the sign. > Have a great holiday weekend! > Regards, > Henry > <RAB Lighting - sign spot light.pdf> >> On Jun 30, 2017, at 10:11 AM, Henry Alia <teamalia65@gmail.com> wrote: >> Good morning Heather, >> Just wanted to give you an update. >> - Angelo will be sending you over the lighting plan for review this morning. >> - I will send the entrance lighting spec/detail later today once received from my electrical supplier. >> - I picked up several additional color samples of the Hardie exterior siding plank/shingle and our designer will be selecting 2 or 3 of them over the weekend i err zr rALMLING ADDRESS: PLANNINGS Ig so P.O. Box 1179 e DONALD J.WILCENS "� �` `r x Southold, NY 11971 Chair LOCATION: 'iOFFICEC . WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES 11.RICK III (cor. Main Rd. &Youngs Ave.) MARTIN H.sIDcIR Southold, NY rr r " Telephone: 631 765-193 S www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 28, 2017 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board reviewed the application referenced above at their June 26, 2017 Work Session and is requiring corrections and revisions to the plans submitted on June 23, 2017 as follow: 1. The Natural Buffers' dimensions are sufficiently represented. They do not need to be shown on any additional pages of the site plan. 2. L-1 Landscape Notes: Notations iii & iv in column 3 of L-1 must be placed under a heading to make it clear that both the Mowing Maintenance Requirements and that specific requirement for native species apply to the Seed Mix C areas. 3. L-1 Landscape Notes: Item 10, change one year to three years following the date the condo association takes over the ownership of the site. Survivability of all plantings to be guaranteed for three years from the time the condo association takes over ownership and management of the site. 4. Identify the species of the three new trees on L-2 that were added to the clubhouse parking lot in the Planting Schedule. The Heritage P a...q e June 28, 201w7 5. C-2.0 & 2.1 must be changed to remove the striping from the area of the median in the middle of the parking lot to reflect the change of adding trees. Identify the surface of the median where the trees will be planted. 6. Lighting Plan: A revised plan was submitted at the Work Session, however it was not a full lighting plan and was not legible. A revised lighting plan must be submitted for review. A digital version is acceptable at this time. 7. The Board viewed the proposed colors for the units in a palette and on siding samples. They approved of the four proposed colors and requested at least another two colors from the palette be included in the options. 8. An illustration of the entrance sign was provided at the Work Session, shown as a simple banner-style sign on a pole. The Board approved that style of sign. The Board required that the sign's proposed lighting be submitted for review and approval. The Town Engineer had the following comments: • C-3 Grading and Drainage Notes: o Items 7 and 9 appear to conflict. One states 12' depth, the other 10' depth. These should be reconciled. • C-10: o Remove the notation "new curb to follow existing pavement". This notation was left over from the previous design and no longer applies to the current design. o Confirm that the end of the sidewalk section on Griffing Street to be completed in Phase 1 will be at the same location as the `end curb and new pavement". Add a notation to the sidewalk side of the new pavement area on Griffing Street that points to this spot, and states "end of Phase 1 sidewalk". It is ok for the sidewalk to simply end at this point, as the situation will be temporary and the sidewalk will eventually be continued and finished. The Planning Board has tentatively agreed to move forward with a final site plan approval resolution at the July 10, 2017 Public Meeting, pending the following items: 1. All items above corrected and submitted. 2. Three paper copies of the final site plan submitted. 3. Draft covenants & restrictions (C&R's) approved (using the Town's template), 4. C&R's filed with the County Clerk. 5. Approval of the project by the Suffolk County Department of Health Services. 6. Conditions of final site plan approval drafted. The Hwerit e b �_q .....1...._ June 28, 2017 The Planning Board has also agreed to allow some initial site work to begin prior to building permits being issued. The parameters of this initial site work will be outlined in more detail and permission granted formally through a Planning Board resolution at their July 10, 2017 Public Meeting. If you have any questions regarding this site plan application or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 26, 2017 4:0�. Southold Town Meeting Hall 2:30 p.m. Executive Session — Advice from Town Attorney 3:30 p.m. East Marion Community Association Land Use Presentation (Supervisor's Conference Room) 4:00 p.m. Applications Project Name. The Heritage at Cutchogue 2015 (Harvest SCTM#J 1000-102-1-33.3 Pointe) ,Location; 75 Schoolhouse Road a I on the n/w corner of Grilling Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description:. This proposed Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) , Zoning District. Status: Conditional Approval .. Action: Review Revised Plans .... Attachments: Staff Report j � Project Name: 1 North Fork United Methodist Church SCTM#: 1000-63-1-15 Location: 43960 CR 48, Southold Description: This Site Plan is for the proposed construction of a 7,640 sq. ft. place of worship and 42 parking stalls including 4 ADA on 2.45 acres in the i Limited Business (LB) Zoning District. Status: ' Pending Action: Requested Site Work Attachments: J Staff Report j Project Name: One Woman Vineyard Ag Storage Barn SCTM#.` 1000-51-3-4.14 Location: 19110 Soundview Ave, Southold Description: This Site Plan is for the proposed construction of a 1-story 4,410 sq. ft. building for agricultural storage, and no basement located within a 0.22 acre building envelope attached to 18.8 acres of farmland (SCTM#1000- 51.-3-4.14) with Development Rights held by Suffolk County in the AC Zoning District. Status: Pending Action: Referral Review _ Attachments" Staff Report __ N 20 4d��ryry1 NELSON, POPE VOORHIS, LL s ro�6 wr—i ENVIRONMENTAL PLANNING CONSULTING P9anirii hoard PH:(631)427.5665 572 Walt Whitman Road FAX:(631)427-5620 Melville, NY 11747 Transmittal Letter T0. Heather Lanza Date: Friday, June 16, 2017 Planning Board Town Hall Annex Building 54375 Route 25 Re: Heritage at Cutchogue P.O. Box 1179 Southold, NY 11971 NP&V #: 00026 VIA: i X Regular Mail Fedex Messenger Enclosed please find the following: WOW- escrip Ion 1 Eas� ern Box Tur,1e inves Igatlon R�elai�R Dear Ms. Lanza:; Please find the enclosed materials sent per Hannah Emouna's request. Please do not hesitate to contact me should you have any questions or need further assistance. Thank you. Sincerely, NELSON, POPE &,VOORHIS, LLC By: Ashley Marciszyn'x215 Email. amarciszyn@nelsonpope.com cc� File Submission Without a Cover Letter Planning,Board Sender: , Subj ect: '� Cuc�-hcqLr SCTM#: 1000 - Date: 51 2ZI Comments: Lanza, Heather From: Henry Alia <teamalia65@gmail.com> Sent: Monday,June 05, 2017 10:51 AM To: Lanza, Heather Subject: Re: Trees We actually marked some other eastern red cedars outside of the Phase I clearing. After meeting and speaking with some local tree farmers and nurseries prior to clearing we concluded that it would be best to remove and transplant in the fall. The areas around the roots of the trees all need to be prepared for spading or removal. Heavy growth of poison ivy and oak among other vegetation presently exists which has to be cut and removed. In addition, the first week we started tree clearing it was 85-90 degrees which would have further hampered the survivability of anything removed from the ground. We will do our best given the conditions to remove and transplant the ones that are tagged. There are many other cedars that we have come across especially now that the site is more accessible. We will utilize those and at worst case purchase nursery stock if need be to fulfill our obligations. On Jun 5, 2017, at 10:03 AM, Lanza, Heather<heather.lanza&town.southold.ny.us>wrote: There were 8 in Phase 1. What happened? From: Henry Alia [mailto:teamalia65@gmail.com] Sent: Monday,June 05, 2017 10:02 AM To: Lanza, Heather<heather.lanza@town.southold.nv.us> Subject: Re: Trees No trees were relocated at this time. Sent from my Whone On Jun 5, 2017, at 9:33 AM, Lanza, Heather<heather.lanza@town.southold.ny•us>wrote: Also, what, if any, trees were moved and where? Do you have photos? Heather Lanza,AICP Town Planning Director Southold Town Planning 53o95 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heatherlOsoutholdtownny..gov 1 Lanza, Heather From: Henry Alia <teamalia65@gmail.com> Sent: Monday,June 05, 2017 10:52 AM To: Lanza, Heather Subject: Re: Saturday work Delivery of any machine is typically less than a 1/2 hour. On Jun 5, 2017, at 10:26 AM, Lanza, Heather<heather.lanzaQa town.southold.ny.us>wrote: Thanks. It was the 20`h that was a concern. What you describe below isn't a problem. From: Henry Alia [mailto:teamalia65@gmail.com] Sent: Monday,June 05, 2017 9:59 AM To: Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: Re: Saturday work Hi Heather, I was here on Saturday and no work took place. However, we did drop off a machine to the site around 11:30. We had to replace one of the machines as it was not working properly on Friday. I would say they were here for less than a 1/2 hour and were only unloading and loading the machines on a trailer at the entrance. I actually found out about this Saturday morning as I had to have the gate unlocked at the site entrance for them. Let me know if this is an issue and I will let my contractor know. Unfortunately, certain sized loads or wide loads on a trailer have restricted transporting days and times and our hands are tied with this. Regards, Henry Sent from my Phone On Jun 5, 2017, at 9:26 AM, Lanza, Heather<heather.lanza@town.southold.ny,us>wrote: The Saturday of Memorial Day weekend apparently there was work happening on the site. I hope this isn't a recurring problem. I had to spend 15 minutes on the phone this morning with an upset neighbor. Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 i Lanza, Heather From: Henry Alia <teamalia65@gmail.com> Sent: Monday,June 05, 2017 10:01 AM To: Lanza, Heather Subject: Re: Saturday work Ok That was the only Saturday that they worked. We expect the chipping to last approx 3 weeks. Sent from my iPhone On Jun 5, 2017, at 9:32 AM, Lanza, Heather<heather.lanza town.soLithoId.n .us>wrote: Actually it was Saturday, May 20 according to the neighbor. When do you anticipate the chipping will be done? From: Lanza, Heather Sent: Monday,June 05, 2017 9:27 AM To: Henry Alia<teamalia65@gmaiLcom> Subject: Saturday work apparently there w The Saturday of Memorial Day weekend app Y as work happening on the site. I hope hone this morning with an upset this isn't a recurring problem. I had to spend 15 minutes on the p neighbor. Heather Lanza,AICP Town Planning Director Southold Town Planning 53o95 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heatherlPsoutholdtownnu aov i , MAILING ADDRESS: �� PLANNING BOARD MEMBERS P.O. Box 1179,i l r� ,, �� DONALD J.WILCENSffi �'� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS �', �`` Town Hall Annex PIERCE RAFFERTY �� ` 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 www.southoldt ownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 2, 2017 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board reviewed the application referenced above at their 5/22/17 Work Session and is requiring corrections and revisions to the plans submitted on January 6, 2017 as follows: 1. Notations and revisions on site plans: a. Change notation/reference from "multiple dwellings" to "One-Family Dwellings" and/or "Two-family Dwellings" everywhere it appears in all plans. The proposed dwellings do not meet the Southold Town code definition of multiple dwelling. b. Tennis Court Fence Height: i. Notations as to fence height on the plans conflict. (C-2.2 (8' fence) and C-7 (10' fence). Note the planned height and also note that any height over 4' will require a variance from the Zoning Board of Appeals. c. Natural Buffer notations: i. Add the same buffer labels and dimension notations as shown on the Construction Phasing Plan (last revised 4/6/17) to the other pages of the site plan where relevant, including but not limited to the pages labeled C-2.0, C-2.1 & C-2.2. The Heritage P a g 2June 2, 2017 ii. Add the following language to the L-1 Plan: 1. Where the buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. 2. Language to the effect that the timing of the planting of the natural buffer must be done in the appropriate season (spring or fall), and if possible, should be done early in Phase 1 in locations where there is little natural buffer to residential neighbors. d. Integrate the text of the Landscape Management Plan into the L-1 Notations so all are consistent and complete (including consistent with the conditional approval language), and eliminate the separate Landscape Management Plan (if need be add another page —e.g. L-1 a). i. The text of the Landscape Management Plan must be edited to remove the last 2 paragraphs and the sentence just before, beginning at the words "With regard to water availability..." to the end. e. Add all the language from item 12 in the November Conditional approval to L-1 (or an additional site plan page L-1a) as follows (currently there is incomplete or inconsistent language between L-1 notations, Landscape Management Plan and the Planning Board's conditional approval: i. The project site must be maintained with vegetation in accordance with the approved Planting Plans. ii. Lawn and Shrub Permanent Irrigation Area: 1. At least 50% of the plants in the non-turf areas must be native species with moderate to high drought tolerance. 2. Lawn areas must be seeded or sodded with turf species with deeper root systems and greater drought tolerance than conventional turf species. The specific seed mix must be approved by the Planning Board prior to planting. The Heritage a... ... .......0 June 2, 2017 3. For shrub plantings, an organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. Provide a statement on the planting plan or soil management plan (or both) that identifies when and how this will occur. 4. Coarse mulch at a minimum depth of 1.5" and 3" is required on all planted material. 5. Natural Habitat Maintenance Area (non-irrigated areas). iii. Vegetated areas outside the permanent irrigation zone and outside the Natural Buffer Area, noted as Seed Mix C areas on L-1 & L-2, shall be managed for native vegetation and wildlife habitat. 1. All plantings in this area shall be native, drought tolerant, low-maintenance plant species, as shown on the approved Planting Plans. 2. Mowing Maintenance Requirements: a. Timing - No mowing from May through October 15 to avoid turtles and other wildlife. b. Rotation - Mowing is permitted at a maximum of once a year after October 15, once every two years is preferable. Another option is to mow half the area one year, and the other half the next year. c. Mower Style —Avoid flail mower heads with guide bars that ride along the ground. d. Height — No less than 7 inches of stubble height must be retained to retain important cover for animals, and reduce mortality of turtles. e. Pattern - Mow in a pattern from the center outward to avoid congregating fleeing animals into the center. f. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. The Heritage 4 June 2 2017 iv. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. v. Natural Buffer Area: 1. No mowing permitted. 2. No clearing permitted. 3. Removal of noxious, invasive plants and vines is permitted in the Natural Buffer, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 4. Dead or diseased trees that are a potential hazard to residences or people may be removed with prior Planning Board approval, and with a report from the certified arborist that the tree is dead or diseased. Any trees removed must be replaced with a tree of a size and species approved by the Planning Board. vi. Fertilization: 1. Fertilizer will be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary. 2. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent minimum is permitted to be used. This practice will allow for slow release of nitrogen, driven only by biological activity, typically in soil temperatures above 550 F, and will prevent nitrogen leaching. 3. A maximum of 1lb of nitrogen per 1,000 square feet in any one application with cumulative application of no more than 2lbs per 1,000 square feet per year is permitted. vii. Synthetic herbicides and pesticides are prohibited. viii. Survivability of all plantings to be guaranteed for three years from time of planting by the developer. f. Add four trees around the small parking lot on L-2 as required by Town Code 280-95 B. The Heritage P a . _.. 5 June 2, 2017 g. Add three trees to the interior landscaping of the clubhouse parking lot on L-2 as required by Town Code 280-95 A (ideally in the center aisle between the center rows of parking). h. Add a notation regarding the surface proposed for aisle in the clubhouse parking lot between the center rows of parking. i. Add notation to C-2.0 & C-2.1 at the location of the emergency access: Emergency Access only. Not to be used as a construction entrance/exit or for any other purpose except emergencies. 2. Add to C-4: All utilities to be installed underground. 3. Page C-5: Remove the notation about the Notice of Intent and add a reference to the Soil Management Plan. 4. The notation on C-2.0 about mailboxes being located at each driveway should be removed and a new note showing the location of the community mailboxes added to the plan. 5. Revise the Off-Site Improvements Plan to show the new sidewalk along Griffing Street running parallel to the adjacent property line. The face of new curbing shall maintain a 10' separation from the adjacent property line, and shall maintain a 3' separation from the new 5'-wide sidewalk. 6. Add a notation or some other indication to the Off-Site Improvements Plan that all the work shown on the plan will be completed prior to the beginning of Phase 2 of the project, except for the length of new sidewalk beyond the Stop Sign/Stop Bar on the eastern side of Griffing Street, which will be completed before Phase 4 of the project begins. 7. Provide a Table of Drainage Elements as detailed in the March 13, 2017 memo from the Office of the Town Engineer. 8. Provide answers and clarifications to the list of items under the heading Drawing Coordination as detailed in the March 13, 2017 memo from the Office of the Town Engineer. 9. Provide drainage calculations for the grass pavers used in the emergency access. 10.Construction Traffic Management and Logistics Plan edits: The Heritage Page, 6 June 2, 2017 i. Add: The emergency access over Bridle Lane shall not be used as a construction entrance%xit or for any purpose except emergencies, and shall be closed with a gate at all times. ii. Add: No construction activities are permitted on Sundays, year-round, and the following holidays: (a) New Year's Day (b) Memorial Day (c) Independence Day(Fourth of July) (d) Labor Day (e) Thanksgiving Day (0 Christmas Day 2. Construction Phasing Plan PH-1 notes: a. Phasing Plan Notations can be shortened by referencing steps in future phases that are repeated (example, Phase 2 has many of the same steps as Phase 1 — state "See Phase 1, Steps 2 through 6" under Phases 2, 3 & 4 for those steps that are repeated. b. Add to Phase 1 steps: i. The two large drainage swales to be cleared in Phase 1 shall be seeded with the native plant mix (Seed Mix C on plans L-1 & L-2) as soon as possible after grading. ii. Add to Step 7 of Phase 1 (the Soil Management step), that no scraping of topsoil or grading can begin until the buffers are fully planted or a sufficient buffer has been left in place, as approved by the Planning Board, to provide dust and noise mitigation to residential neighbors. c. Change the notation heading "Environmental Sweeps" to "Wildlife Sweeps" and reference the Wildlife Sweep Notes for more detail. The Heritage P � J-7 June 2, 2017 d. Add the following as a note under the Wildlife Sweep Notes on PH-1. April 15 through October 15: Prior to beginning clearing, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11-0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: iii. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. iv. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort. v. Timing of survey: (a) The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. (b) Surveys must be conducted at the time day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. vi. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. vii. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. viii. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. ix. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. x. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). The Heritage , µ 8 June 2, 2017 A. The barrier should be installed immediately prior to the required survey. xii. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. xiii. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. xiv. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1st through October 31st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. xv. Outside the Turtle Active Season (November 1 st through March 31 st) If the barrier has been left in place over the winter months and construction is on-going, a biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. xvi. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. xvii. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 3. Bike Racks. Add notations to the plans showing the location of bike racks for the community center and tennis court. Provide a detail on the details plan of the type of bike rack to be installed. 4. Provide detailed plans for the mountable curbs/connection of the emergency access to the street pavements at both ends of the emergency access. 5. On-street Parking: a. Add a sign to the plans "No overnight parking in the street". b. Show locations of No Parking signs, and locations where on-street parking is allowed on the plans. c. Ensure 50% open space area is not affected by widening the street for on- street parking. The Heritage _ ... ...� June 2, 2017 6. The Lighting Plans require revisions as follows: a. LED lights (new after code was adopted) must be 2700 K maximum to reduce sky-glow. b. The site remains overly lit as compared to nearby neighborhoods. The Planning Board generally has only permitted street lights at intersections. Reduce the number of fixtures as shown on the marked-up plan to light only intersections, road ends, median islands and parking lots. c. As discussed at the Work Session, any pathway lighting must be approved by the Planning Board prior to final site plan approval, and may be required to be added to the photometric plan, depending on its intensity. Please submit specifications on proposed pathway lighting for review, including the location of the path lights on the plan, and the cut sheet with the technical details about the light fixtures. 7. Architectural Design: a. Provide a list of the exterior colors and materials that are planned to be used or available as choices to people buying the units. 8. The plan depicting the open space, OS-1, must be revised to remove the phasing shading. 9. Add a notation to the site plan on the booth at the entrance: "unmanned booth". Currently noted as "Proposed Reception Booth". 10.Provide elevations and floor plans for the clubhouse. The Planning Board has agreed that these do not need further review from the Architectural Review Committee. 11.Note the location of any proposed permanent dumpster or trash collection area (for future use of residents) on the site plan. 12.Entrance sign: a. Provide a rendering, to scale, with all relevant dimensions of the proposed entrance sign to demonstrate its compliance with the Town's sign code (Chapter XIX Signs, beginning at §280-80. Note that lighting requirements for signs can be found in Chapter 172 of the Town Code. b. Provide a notation on the site plan of the location of the entrance sign. The-Heritage P a q e O June 2, 2017 After the revisions detailed in this letter are completed, please submit five copies of the complete site plan packet and any other plans that required revision, e.g. Construction Traffic Management and Logistics Plan, to the Planning Department for review. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. Encl. Memo from Office of Town Engineer last revised March 13, 2017 SCOTT A. RUSSELL ju rdyN ��, "� JAMES A. RIGHTER, R.A. SUPERVISOR �� '` �dd" MICHAEL M. COLLINS, P.E. q TOWN HALL — 53045 MAIN ROAD r?� vi �� yba � r ,^ TOWN OF SOUTHOLD,NEW YORK 11971 Fax (631) 765 9015 Tel. (631)—765—1560 4fCI...... :'OLt.1yS:rr'!%IY11\N.�U[)711OLf),Nl'.II, �k�hd1BB': In;tl °C i!�'Y�'tl ,u OFFICE OF THE ENGINEER TOWN OF SOUTHOLD _ �� Sutrihold To�;an-�- yhMau1iiiii Board Lfier4:!ge at Cutl~. —Town + ineerin Tmr March lo,2017 Ins 1?q�(*t_l7 12 t_b 1, W ll 11 . It 11 1 D � mmtMentITm Revised March 13,2017 (The Following Inspections are required for Each Phase of Construction) Page 1 of 3 1. Pre-Construction Meeting: Required prior to the beginning of each phase of construction. 2. Inspection-Erosion & Sediment Controls: Clearing is prohibited prior to the installation of Erosion Control Structures except for minor clearing in the immediate vicinity of the Erosion Control Structures to allow for their installation. 3. Inspection-Clearing & Grubbing: inspections shall include all areas within each phase, All temporary drainage swales or structures must be installed in such a way as to prevent wash tttlt, All ;soil stockpiles shall receive required stabilization. Notify the Town(Engineering Department before clearing begins and after it ends for inspection. 4. Inspection-Drainage Installations: All Drainage and Pipe installations require Inspections&approval prior to back-fill. 5. Road Base: Stone Blend Road Base must be installed to allow site access by Emergency Vehicles prior to excavations for new foundations or utility installations. All roadways cut to grade must be improved with Stone Blend Base Material approved by the Engineer to achieve road stabilization.(If R.C.A.Material is used it must meet NY State Specification!) 6. Inspection-Utilities: All underground utilities must be installed prior to the installation of Curbing. 7. Inspection- Curbing: After installation, curbing must be protected from damage by all Contractors' operations. 8. Inspection-Asphalt Base&Wearing Course: Provide schedules for the Placement&Compaction of all Asphalt Pavement surfaces. 9. Inspection-Final Grading: 10. Inspection-Final Site Stabilization: Please contact the Town Engineering Department(631-765-1560)at least 48 hours prior to any of the above referenced activities! Griffing Street& School House(toad Intersection hrJt�oveni�►m s "OFF SITE IMPROVEMENT PLAN" The following Construction Items/Road Improvements are required before the beginning of Phase II work. 1. New Drainage: Catch Basin with Cast Iron Inlet Grate&Frame. 18"Diameter ADS drainage Pipe. 2. New Concrete Curbing: Southold Town Highway Specification"Type A"as shown on Plan C-10. (New Curbing along Griffing Street may terminate at the Stop Bar/Stop Sign pending the end of the project.) 3. New 5' wide Concrete Sidewalk: Sidewalk indicated(drawing"C-10")shall be installed on the northerly side of School House with ADA Apron to new Crosswalk. Sidewalk on the Southerly side of School House with ADA Apron shall be installed extending to the Stop Sign on Griffing Street. A temporary ADA ramp is to be installed at the Stop Bar Tenninus of the new Sidewalk under this Phase of Construction. (The New sidewalk on the easterly side of Griffing Street may terminate at the Stop Bar/Stop Sign pending the end of the project.) (Along Griffing Street the Face of curbing shall maintain a 10' separation from the Property Line. The Face of New Curbing shall maintain a three(Y)foot separation from the New 5' wide Sidewalk.) Herita eat Cutcho ue —Town Enineerin Review (Continued) Revised: March 13,2017 Page 2 of 3 4. Asphalt Pavement: The Re-Alignment&Re-Construction of road pavement within the Town Right-of- Way shall meet Town Highway Specifications. 5. Paint/Highway Markings: 3 Each—Stop Bar, 1 Each—Cross Walk 6. Stop Signs: 3 Each All items listed above shall be constructed in accordance with the Off Site Improvement Plan Drawing"C-10" Or as required by the Southold Town Highway Specifications. PHASING PLAN NARRATIVE: Revisions to the narrative must be made to meet the following requirements: 1. If a SPDES Permit is to be filed with the DEC the Town must receive a formal request for a letter of non- jurisdiction from the Town prior to the applicant's submission of the NOI. The Town of Southold will not complete the M84 Acceptance Form as the project will not discharge to the Town's regulated municipal storm sewer system. If, in the opinion of the Project Design Professional,this project will not require a SPDES permit,the Town must be provided with a written certification to this effect by the Project Design Professional. 2. At the commencement of work,three Stop Signs&painted Stop Bars should be installed"Temporarily"at the intersection of Griffing Street&School House Road. (These items will need to be re-located and re-installed by the Contractor at the end of Phase I.) 3. The Road section must be stabilized with a Stone Blend Base prior to any site work related to the building construction. This base must be maintained on a daily basis as needed to allow for the un-impeded movement of emergency vehicles. (If R.C.A.materials are used,it must meet NY State Specification.) 4. The parking lot must be stabilized with a Stone Blend Base prior to any work related to the Clubhouse construction. This base must be maintained on a daily basis as needed to allow for the un-impeded movement of emergency vehicles. (If R.C.A.materials are used, it must meet NY State Specification.) 5. Drainage structures, as Designed, and/or temporary drainage systems must be in place,protected and maintained throughout all construction phases prior to commencement of building construction. Temporary drainage such as swales or other systems must be planned and certified by the project Design Professional. 6. Access roadways and or temporary turning areas must be maintained throughout construction to prevent access conflicts with all Trades, Contractors and independent site workers. 7. Where clearing,grubbing and grading of roads extend beyond Phase I site work and where permanent designed drainage will not be installed under Phase I,Temporary drainage will be required. All areas cleared and void of vegetation must be graded in a manner such that Stormwater will be contained on site at all times. If stone blend base material is not installed on the roadway extending beyond the Phase I site work, barricades should be erected to prevent access to the un-improved cleared areas. DRAINAGE DESIGN CALCULATIONS: Calculations provided meet the minimum requirements of Town Code Chapter 236 for Stormwater Management. TABLE OF DRAINAGE h,LEMENTSi The drainage design is made up of many individual drainage systems that are designated and/or labeled beginning with letters of the alphabet. All drainage items should be quantified in a table that starts with the structure number or designation. The table should then provide all details such as what the structure is, what drawing detail should we be looking at,what size it is,what type of casting is required,top of casting elevations, invert elevations of piping, etc. Details on page C-7 currently indicate or call out catch basin detail requirements but then note a variation between five and twenty feet in depth. The plans just indicate the structure number and then give the designation of"CB". All items of new drainage work need to be documented in the Table with all information plausibly available. The table should include all hardened drainage structures including the type of Pipe and diameter being used. This requested table of drainage items should be coordinated with the Town Engineering Department at 631-765-1560. This coordination should occur prior to preparation to ensure all elements of the table are considered. LE,�� (Continued) Revised: March 13,2017 Heri ta ge a( Cu tcphogu e— Town En inecrin %�Revi�eW L Page 3 of 3 COMMENCEMENT OF CONSTRUCTION: * If a formal NOI is submitted to the State there can be no construction without all approvals in place. * ff the applicant:ntUl hil design team docitment-sand determines that a formal SWPPP is not required for this 1,,1ro,icc(, then it would he tip to the Planning Board to determine to what extent any portion of site clearing, grading, excavation or construction could take place without tile final approval. cr *J*hcTown Engineering Departincrit would recommend that only the clearing necessary for the installation of all Phase I Erosion Control structures should be permitted prior to final approval. (All sterns to include quantities and unit costs.) Design Professional for review and approval by the Town prohnifitary flond 1"Istinjaw sholdd be I)r0pared by die Fngi�teering,& I'Linning Departo-lents Willi rq.,,ard to the Jbilowitig items: I. All orfsite iiliprovvnlents as indieatc(i on drawing C-10(lis(all items individually with quantifies and unit costs.) 2. Testint,��,of Stockpiled soil for arsenic levels according to soil management platIOMP) 3. Cost per Cubic Yard for Mixing Stockpiled soil with clean sort/sand where diftition is required by the SMP. 4, Erosion Control Structures, Cost per Linear Foot, 5. All excavation&re-grading of soil stockpile materials to meet project grades. Provide cost per Cubic Yard 6, Planting& Seeding of re-graded topsoil areas. Cost per Square Yard. 7. Maintenance& irrigation of all seeded areas. Cost per Square Yard. 8. Site Maintenance during construction. Cost associated with watering site to prevent fugitive dust control. 9, Security gates and fencing(.o secure the site from Trespass. 10. Planning Board Condition 8 8 requires the Natural Buffer to be enhanced with native evergreen species (Cedar)to achieve a dense double row of evergreen vegetation. Cost per Tree. 11, Excavation of Temporary swales to 11,itigate Stormwater from leaving the site due to project abandonment. DRAWING COORDINATION: The following items were observed on the current design drawing set: 1. All plan sheets should be coordinated to indicate the requirements of the Off Site Improvement Plan. (See Sheets C-3.0,C-3.2, etc.) 2. An emergency access roadway consisting of Grass Pavers has been indicated in the North Westerly area of the Site. Drainage has not been shown or indicated. This itcni will be required,. A smaller Runoff Coefficient will be considered for Grass Pavers subject to validation. 3. The Drairuigc calculations indicated gravel surfaces and used a U 1°lllloff coefficient. Where are these J,,r;tVei 'so dhecs located aild how are they to be used? Table above. Currently at. All labcling will need to be coordinated in the requested Drainage (I le plop 6 0 k;a cs VVIlat appelli's to be either-.leach ing pools or diffusion wells as Ll 3 in two different locations. 5 The Caltirc tongth of,cle'aring flie road muning parallel to the westerly property line in Phase I doesn't show any temporary dnJu,,tgc, 1"josioll colltrols have been indicated for this phase but some type of wdl also bo re(Illired, Oesign concepts must be developed by the Design prior lo cleol iorl 01C orca� Concepts must be reviewed &approved by the Town l)q)a1'h11cJ0 prior to to Ou ('11 o%' Jnlo 8 C-H 01elv is,s dctail 6or a Flaroxi file End Section with Stone Rip-Rap. Where is this used? Southold Town llannin Board Worlc Session - Ma 22 2017 -- Pa e 2 Location:ame: The Heritage 75 Sc at Cutcho ue 2015 SCTM#: Schoolhouse Road, 'on the n/w corner o ( 1000-102-1-33.3 f Griffing Street and School House Lane„ approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This proposed Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site I improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD), Zoning District. { Status: Pending Action: Review Site Plan Attachments. Staff Report Project Name: Jemcap Gas Station & Convenience Store SCTM#. 1000-55-5-9.1 t Locations 46770 CR 48, Southold Description: This Site Plan is for the proposed conversion of an existing 3,032 sq. ft. 2-story building (formerly retail) to a first floor convenience store and I second floor with two apartments, vehicle fuel sales with: 6 fuel pumps (12 fueling stations), one canopy at 80' x 44' (3,520 sq. ft.) and 13 parking spaces on 0.85 acres in the General Business (B) Zoning District. G Status: ( New Applicationcti f G Attachments StaffReport on Completeness _ Project Name: ; Martz Standard Subdivision SCTM#: 1000-104-12-6.1 Location: 555 Broadwaters Road, approximately 80' west of Wunneweta Road, i. Cutchogue .._ ..._ _ _. Description: This proposal is for a Standard Subdivision of a 1.62 acre parcel into two lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 1 0.92 acres, located in the R-40 Zoning District. The Zoning Board of j Appeals granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft. _ Status: j Conditional Preliminary Plat Approval Action: Review Public Hearing Attachments: Staff Report Southold Planning Department Staff Report Site Plan Application Work Session Date May 22, 2017 Prepared By; Brian Cummings & Heather Lanza I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Same as above Date of Submission: January 2, 2015 Tax Map Number: 109.-1-33.3 Project Location: 75 Schoolhouse Road Hamlet: Cutchogue Zoning District: HD - Hamlet Density II. Description of Project Type of Site Plan: Residential Site Plan for condominiums Acreage of Project Site: ±46.17 acres Number of units 124 Other structures Clubhouse, outdoor swimming pool, tennis court, gazebo, 3 parking lots This proposal is for 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). Total maximum livable floor area of residential units equals 219,076 sq.ft; 6,188 sq. ft. clubhouse with a ±1,125 sq. ft. outdoor swimming pool, one tennis court Parking Required: 282 One &Two-Family Dwellings (2-bedroom) = 2 stalls per unit: 72 units x 2 = 144 One & Two-Family Dwellings (3-bedroom) = 2.25 spaces per unit: 52 x 2.25 = 117 Clubhouse (recreational facility) = 1 per 300sf: 6188 - 30 = 21 (2 must be ADA) Parking Provided: 284 (not including driveways and tennis court parking) Garage (19'x19' min): 248 provided "Unit A" parking lot: 8 provided Visitor/ Clubhouse (min 9'x 19'): 32 provided including 4 ADA Bulk Schedule/Code Requirements (HD zone) • Lot Coverage Proposed:17% • Maximum allowed: 25% III: Action Review revised plans submitted 1/6/2017 • Compare to conditions from the November 7, 2016 Conditional Site Plan Approval 1 IV: Comparison of 1/17 revised plans with 11/16 conditions of approval 1. The proposed action shall comply with all sections of Town Code Chapter §280-137 Standards for Residential Site Plans unless otherwise described in the Stipulation of Settlement. • Building Dept Revisions required to comply with the Town Code: L Change notation/reference from "multiple dwellings" to "One-Family Dwellings" and/or "Two-family Dwellings" everywhere it appears in all plans. The proposed dwellings do not meet the Southold Town code definition of multiple dwelling. ii. Tennis Court (a) The location complies with the code. (b) The fence cannot be higher than 4'. Either note a 4' fence around the tennis court, or note that the applicant will seek a variance for an 8' fence. ((see the discrepancies between C-2.2 (8' fence) and C-7 (10' fence)) (c) The tennis court will require a separate building permit (as will each individual structure on site). The building permit application process will generate a Notice of Disapproval for the fence height and an application to the ZBA for a variance can be made at that time. 2. Innovative and Alternative Design for Wastewater Treatment -The use of alternative innovative wastewater treatment systems is required for all wastewater disposal. The project must use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-site Wastewater Treatment Systems (I/A OWTS) Program (aka Article 19). This program provides for new residential septic systems that will treat wastewater so that nitrogen in the effluent is 19 mg/L or less. The specific system(s) to be used will be one or more of the systems that receive approval by the SCDHS under their 'I/A OWTS' Program referenced above. As technology advances, different systems under this program may be chosen for later phases of the project, subject to Planning Board review and approval, and subject to meeting the specifications above. a. The plans show the proposed system for Phase 1 as the Hydro Action b. Awaiting stamped approved plans from the SCDHS 2 The developer is responsible for the continued successful operation of the I/A OWTS, as recommended and required by the SCDHS, until such time as the condominium owners association takes over the management of the property. An annual monitoring report must be provided to the Planning Board to ensure the level of nitrogen in the effluent remains at or below 19 mg/L which in turn provides assurance that mitigation is occurring. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. c. The applicant has requested the language of the conditions above be changed as follows: `An annual monitoring report must be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, to monitor that mitigation is occurring as stated in the SEQRA Findings. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS.' d. The items above will be included in the C&R's 3. Provide payments to the Town for the Park and Playground and Affordable Housing Buyout fees to total $2,000,000 as required under paragraph 25 of the Stipulation of Settlement. a. To be included in the final conditions (and maybe in the C&R's) 4. Project Phasing - The site will be constructed in four phases according to the Construction Phasing Plan, as approved by the Planning Board. a. The plans include four phases. This condition is met. Include in final conditions. 5. The clubhouse, pool, tennis court and associated site work must be completed and a certificate of occupancy for those amenities issued prior to certificates of occupancy being issued for any residential units. a. To be included in the final conditions 6. Prior to the certificates of occupancy being issued for residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. a. To be included in the final conditions 3 7. Prior to beginning Phases 2, 3 or 4, all work for the prior phase must be completed in accordance with the approved plans, and to the satisfaction of the Planning Board and the Office of the Town Engineer. a. Applicant proposes that a more practical assurance would be as follows: "Prior to beginning Phases 2, 3 or 4, certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase." b. Planning Board agreed to this c. To be included in final conditions 8. Natural Buffer A minimum 50 foot natural, vegetated buffer shall be maintained around the perimeter of the property (see site plan for location and depth of the buffer, which is greater than 50 feet in some places, and less than 50 feet on others). The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer will be identified on the site plan as "Natural Buffer." • The Natural Buffer is not labeled on the site plan. It is labeled "Area to remain natural". Adding the word "buffer" will speak to its purpose on the plan more clearly. Add the word "Buffer" to the plans. • The limits of the Natural Buffer are not provided with useful dimensions on the site plan for easy identification in the field in the areas where they are less than or more than the 50' buffer line. Adding some dimensions to these areas on the site plan will aid in identifying them in the field and for future reference. Add dimensions to the Natural Buffer where it departs from the 50' buffer line. • The two items above were done on the newest version of the Phasing Plan (last revised 4/6/17) and must be added to the other pages of the site plan where appropriate, including but not limited to the pages labeled C2.0, C2.1 & C2.2. a. Where the buffer does not provide substantial visual screen n su Nemental plantings must be made to the buffer bar planting enough eve ens ,and other trees and shrubs to accom lish a dense double rg of evergreen ve etatiorn _The supplemental plantings must be of native evergreens transplanted,from the interior of Lhp iooertv, as well as native evergreens brow ht in from a nurser 4 co m lete the visual screenin to the satisfaction of the Plannin Board. Existing trees that cannot be maintained in their current location must be moved to the buffer to the extent that the tree species and size will allow any particular tree to be moved (see Clearing section below for more details on moving existing trees). • The underlined portion of the notation above must be added to the Landscape Management Plan and tree planting plans. It is already included in the 4/6/17 version of the Phasing Plan as item 6 in Phase 1. • Add language to the Landscape Management Plan and tree planting plans to the effect that the timing of the planting of the buffer must be done in the appropriate season (spring or fall), and if possible, should be done early in Phase 1 in locations where there is little natural buffer to residential neighbors. • This will be in the final conditions • A C&R to ensure the buffer plantings are maintained in perpetuity by the Condominium Owners Association will also be required. The following (b., c, and d. also will be included in C&R's, with changes as noted below for item c). • The portion of the above paragraph that is not underlined was satisfied through a site visit and tagging of 50 trees to be relocated to the buffer. These trees are shown on plan TS-3 submitted 2/15/17. b. No clearing, grading or mowing may occur within the Natural Buffer area. • This will be in the C&R's and final conditions • Add to the Landscape Management Plan c. Removal of noxious, invasive plants and vines is permitted, but they must be hand- pulled and native plants must be kept intact to the greatest extent practicable. • Applicant proposes to change this to the following: 'Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable.' • Planning Board agreed at the February 27, 2017 work session. • This will be in the C&R's and final conditions • Add to the Landscape Management Plan 5 d. A perimeter fence is permitted, with prior review and approval from the Planning Board required. • This will be in the C&R's and final conditions • Applicant stated at the 2/27/17 work session that the existing fence shown around a portion of the perimeter of the property is to be removed. • No substitute fence has been proposed. 9. All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site, and the Storm Water Pollution Prevention Plan (SWPPP) for this project. • Office of the Town Engineer has stated that the calculations provided meet the minimum requirements of Town Code Chapter 236 for Stormwater Management, except for the Grass-paver emergency access area. • An emergency access roadway consisting of Grass Pavers has been indicated in the North Westerly area of the Site. Drainage has not been shown or indicated. This item will be required. A smaller Runoff Coefficient will be considered for Grass Pavers subject to validation. • Final condition will add that all drainage must be installed as approved and any changes must be reviewed and approved by the Southold Town Office of the Engineer. • Changes, corrections and clarifications to the drainage plans submitted on 1/6/17 are required as per the March 13, 2017 memo from the Southold Town Office of the Engineer (attached). 10.Clearing a. Limits of clearing will be established for each phase of development according to the Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. b. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. c. The land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. 6 • This item has been added to the Phasing Plan submitted 4/6/17. • Final condition: `Limits of clearing will be established for each phase of development according to the approved Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. The land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan.' d. Existing native evergreens and shrubs will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where appropriate. Trees or shrubs that will be transplanted to the buffer must be flagged, the location where they will be transplanted identified, all to be inspected on site and approved by the Planning Board or their designee prior to clearing. • Applicant proposes to change this to the following: `Existing native evergreens that were marked during the December 22, 2016 site inspection and listed on the schedule attached to the approved Landscaping Plan will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site.' e. Existing trees outside of the Natural Buffer with high wildlife value, such as oak species, will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Particularly valuable trees (e.g. oaks >7" dbh) may require some adjustment to the location of grading, drainage and septic systems to preserve them. These trees will be marked by the Planning Board or their designee during their site inspection prior to clearing. • Applicant proposes to change this to the following: `Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage.' f. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place (see subparagraph "e" above) shall be flagged and protected during construction. 7 g. No tree removal June 1 through July 31 (see Northern long-eared bat section below) h. Northern long-eared bat (Myotis septentrionalis) To minimize loss of northern long-eared bats, the following actions shall be taken: i. Trees around the perimeter shall be preserved within the Natural Buffer shown on the site plan. ii. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. iii. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. iv. Tree removal will be avoided during the pup season from June 1 through July 31. • Based on the findings of the Northern Long-eared Bat roosting survey conducted by Nelson, Pope & Voorhis on 5/12/17, consider a further review of potential bat nesting trees in the Phase 1 area to determine whether there are any. If few or none are found, consider lifting the restriction on clearing during June & July for part of or all of Phase 1. i. April 15 through October 15: Prior to beginning clearing, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: i. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. ii. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort iii. Timing of survey (a) The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. (b) Surveys must be conducted at the time day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. 8 iv. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. v. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. vi. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. vii. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. viii. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). ix. The barrier should be installed immediately prior to the required survey. x. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. xi. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. xii. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. xiii. Outside the Turtle Active Season (November 1st through March 31st) If the barrier has been left in place over the winter months and construction is on- going, a biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. xiv. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. xv. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. * All of section i above regarding the box turtle surveys must be added as a note under the Wildlife Sweep Notes on the Phasing Plan. The notation on the Phasing Plan that states "Environmental Sweeps" should be changed to "Wildlife Sweeps" and reference the Wildlife Sweep Notes for more detail. 9 * Phasing Plan Notations can be shortened by referencing steps in future phases that are repeated (example, Phase 2 has many of the same steps as Phase 1 —state "See Phase 1, Steps 2 through 6" under Phases 2, 3 & 4 for those steps that are repeated. 11.Irrigation system — Submitted — see below for details. • A draft irrigation plan will be provided to the Planning Board prior to the installation of any irrigation wells or irrigation systems for their review and approval. a. The boundary between the permanent irrigation area and the Natural Habitat Maintenance Area must be marked and inspected by the Planning Board or their designee prior to installation. b. The area covered by long-term/permanent irrigation is limited to 319,103 sf (7.3+/- acres) of the land area of the site. • Recommended that items b., c., & d. proposed to be removed due to the main issue being water usage. Future enforcement will be more practical with a simple maximum usage of 25,000 gallons per day for irrigation from separate private wells on the property. • Planning Board agreed at February 27, 2017 work session c. Irrigation of the 281,533 sf turf area must not exceed a maximum of 0.08 GPD per sf, the equivalent of 0.9-inch depth of water per week during peak summer season. • See b. above (remove this condition) d. Irrigation of the 37,570-sf shrub bed area must not exceed a maximum of 0.06 GPD per sf, the equivalent of 0.7-inch depth of water per week during peak summer season. • See b. above (remove this condition) e. The overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season, May through October. f. The use of drip irrigation systems is required for irrigation of plantings other than lawn areas. g. The use of soil moisture sensors is required to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary. 10 h. Irrigation must be conducted so that it occurs in phases on alternating days, and the entire area is not irrigated at the same time. i. Irrigation Well(s) i. Separate wells must be used as the source for all irrigation to reduce the use of water from the Suffolk County Water Authority's system. ii. A sufficient number of wells must be provided to spread out the impact and avoid a cone of depression that lowers the water table, or upconing that results in salt water intrusion that could affect the wells of neighbors. iii. The irrigation well(s) must be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority to the satisfaction of the Planning Board. The location of the well(s) must be shown on the final site plan. iv. The well or wells must include a meter to monitor the use of water for irrigation. A report of the number of gallons of water used each month for irrigation must be sent annually to the Planning Board. • This will be in the C&R's v. The pump for the well(s) shall not create noise that measures more than 50dB at the nearest residential structure. • This is noted in the Landscape Management Plan • This will be in the C&R's *All of the above will be in the final conditions. 12.Planting & Vegetation Maintenance • Add all of this item 12. to the L-1 Plan and/or the Landscape Management Plan (the L-1 plan notations and the Landscape Management Plan are not entirely consistent and some of the items below are missing). • Refer to the Landscape Management Plan on L-1 • Landscape Management Plan revisions required: o Remove the last two paragraphs and the final two sentences before the last two paragraphs. The final paragraph after these edits should end with the sentence "The well water pumps are typically....pump operations". o Add in the details from this item 12. 11 a. The project site must be maintained with vegetation in accordance with the approved Planting Plans. b. Lawn and Shrub Permanent Irrigation Area i. At least 50% of the plants in the non-turf areas must be native species with moderate to high drought tolerance. ii. Lawn areas must be seeded or sodded with turf species with deeper root systems and greater drought tolerance than conventional turf species. The specific seed mix must be approved by the Planning Board prior to planting.. • Seed mix noted on site plans meets this specifications iii. For shrub plantings, an organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. Provide a statement on the planting plan or soil management plan (or both) that identifies when and how this will occur. • Applicant requested the underlined be added to the condition above. This statement is listed in the Landscape Management Plan iv. Coarse mulch at a minimum depth of 1.5" and 3" is required on all planted material. • Applicant requested the underlined be added to the condition above. This statement is listed in the Landscape Management Plan • Conditions & C&R's will require that the site is planted according to the approved planting plans or changes by Planning Board review and approval. c. Natural Habitat Maintenance Area (non-irrigated areas) Vegetated areas outside the permanent irrigation zone and outside the Natural Buffer Area shall be managed for native vegetation and wildlife habitat. • These areas are identified on the Landscape Plans (L-1 & L-2) as `Seed Mix C'. i. All plantings in this area shall be native, drought tolerant, low-maintenance plant species, as shown on the approved Planting Plans. ii. The two large drainage swales to be cleared in Phase 1 shall be seeded with the native plant mix as soon as possible after grading. 12 o Add above to the Phasing Plan iii. Mowing Maintenance Requirements o Add all below to the Landscape Management Plan o This will be in the C&R's (a) Timing - No mowing from May through October 15 to avoid turtles and other wildlife. (b) Rotation - Mowing is permitted at a maximum of once a year after October 15, once every two years is preferable. Another option is to mow half the area one year, and the other half the next year. (c) Mower Style —Avoid flail mower heads with guide bars that ride along the ground. (d) Height— No less than 7 inches of stubble height must be retained to retain important cover for animals, and reduce mortality of turtles. (e) Pattern - Mow in a pattern from the center outward to avoid congregating fleeing animals into the center. (f) Invasive or noxious plant removal by hand-pulling or organic herbicides only. Native plants to be maintained d. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. • C&R e. Natural Buffer Area • C&R i. No mowing permitted ii. No clearing permitted. iii. Removal of invasive or noxious plants by hand-pulling only. iv. Dead or diseased trees that are a potential hazard to residences or people may be removed with prior Planning Board approval, and with a report from the certified arborist that the tree is dead or diseased. Any trees removed 13 must be replaced with a tree of a size and species approved by the Planning Board. f. Fertilization • C&R i. Fertilizer will be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary. ii. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent minimum is permitted to be used. This practice will allow for slow release of nitrogen, driven only by biological activity, typically in soil temperatures above 550 F, and will prevent nitrogen leaching. iii. A maximum of 1 lb of nitrogen per 1000 square feet in any one application with cumulative application of no more than 2 Ibs per 1,000 square feet per year is permitted. g. Synthetic herbicides and pesticides are prohibited . C&R h. Survivability of Plantings The developer is responsible for all planted/transplanted vegetation to survive at least three years from the time each phase is completed, or be replaced at the expense of the developer. After the three years, the condominium association will be responsible for maintaining the vegetation as approved in the site plan. • Change L-1 to state three years by developer • C&R's will include the requirement that plantings are maintained by the Condo Association in perpetuity. 13.Construction a. Temporary Construction Route directly to Depot Lane over the property to the east. Provide a separate dedicated temporary construction route over property with direct access to Depot Lane, or this is not possible, demonstrate a good faith effort was made to use the temporary construction route by providing the Lead Agency with written evidence of such, prior to the final site plan approval. • Applicant suggests the following change to the above: 14 `Provide a separate dedicated temporary construction route over property with direct access to Depot Lane, if the owner(s) and user(s) of such property agree to such use of the property. If the owner(s) and user(s) will not agree to such use of the property, provide the Planning Board with a letter or letters from such owner(s) and user(s) confirming they will not agree to such use, or, alternatively, a letter or letters from the applicant's representative confirming that the owner(s) and user(s) will not agree to such use.' • Planning Board agreed on 2/27/17 • Applicant submitted letter stating person leasing the farm is not interested in providing access over the land to Depot Lane (letter dated 10/19/16 from John Wagner) b. During construction, emission controls for construction vehicle emissions will include, as appropriate, proper maintenance of all motor vehicles, machinery, and equipment associated with construction activities, including the maintenance of manufacturer's noise muffler equipment or other regulatory-required emissions control devices. • Submitted & accepted. c. Excessive or unnecessary idling of construction equipment engines is prohibited. • Submitted & accepted. d. Construction Traffic Management and Logistics Plan • Submitted o Revisions required: o Add the section about No Construction Work on Holidays o At the end under "Regarding the emergency access..." Add `The emergency access shall not be used as a construction entrance or any other purpose other than emergency access in the case of an emergency, and shall be closed with a gate at all times'. A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, 15 safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: i. A notice provided to all contractors and subcontractors accessing the site about the following: (1) Area speed limits, (2) Public and private school safety zones (3) Residential neighborhoods (4) No access to or from site over Spur Road. ii. Days/hours of proposed construction activity iii. Parking areas for workers and heavy vehicles iv. Construction staging areas V. Measures to ensure protection of land and integrity of local roadways vi. Construction Vehicle Route Designation Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission. e. The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: i. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. ii. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. iii. No construction activities are permitted on Sundays, year-round, and the following holidays: (a) New Year's Day (b) Memorial Day (c) Independence Day (Fourth of July) (d) Labor Day (e) Thanksgiving Day (f) Christmas Day 14.Transportation Improvements (off-site mitigation) • All of the following will be final conditions 16 a. The Heritage at Cutchogue must design and construct the re-alignment of the intersection of Schoolhouse Road and Griffing Street so the two roads meet at approximately a right angle. • Submitted - Off-site Improvement Plan C-10 • Approved by Office of Town Engineer b. The following signage must be installed prior to the start of any site work, at the expense of the Heritage at Cutchogue: i. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection. • Completed temporary installation • Town Board hearing set ii. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. • Town Board hearing set iii. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. • Planning Board to send memo to Town Board after final approval c. Install a crosswalk from the east side of the Heritage at Cutchogue's driveway across Schoolhouse Road. The installation of this crosswalk will be at the expense of the Heritage at Cutchogue. o Shown on C-10 Off-site Improvement Plan — Engineer approved d. Install a sidewalk (approximately 600 feet in length) that connects the crosswalk and the Heritage project site to the sidewalk existing in front of the Post Office. The installation of this sidewalk is planned to be done by the owner of the land on the east side of Griffing Street. In the event the sidewalk has not been installed by the time the Heritage at Cutchogue is ready to begin Phase 4 of this proposed development, the Heritage will be responsible for its design and construction, subject to the approval of the Planning Board, the Office of the Town Engineer and the Town Highway Superintendent. • Submitted • The sidewalk design must be revised as follows: o Face of curbing shall maintain a 10' separation from the adjacent property line. 17 o The new 5' sidewalk shall maintain a 3' separation from the face of the new curbing and shall run parallel to the adjacent property line. 15.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. • This will be a final condition 16.Emergency Access The emergency access to Bridle Lane shall be used for emergency access only. No other traffic, including construction traffic, is permitted. • Add a note to this effect on C-2.0, C-2.1 • This will be a final condition and a C&R • Provide detailed plans for the mountable curbs/connection of the emergency access to the street pavements at both ends of the emergency access. 17.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. • This will be a final condition and a C&R 18.All utilities must be underground. • Add a note to this effect to C-4.0 • This will be a final condition and a C&R 19.No parking allowed in the streets in the project site due to their narrow width. • Applicant has proposed to change this wording to allow some parking on the street. Planning Board has required that no overnight parking be allowed, and an engineer's letter stating that it is safe to park on the street, despite the Town's minimum width for on-street parking in the code for public streets. • Traffic Engineer from VHB letter dated 3/13/17 states the following: 0 20' minimum width to remain open for emergency vehicles is a State requirement. o Minimum width of 7' needed for a car to parallel park on the street. o Current width of proposed road = 24' 18 o Proposal to add 3' to the road width in certain locations, and at that location, the travel lanes would be reduced to 20', leaving 7' for parallel parking. Signage would be added to indicate these are the only areas where on-street parking is allowed. These areas would only be added to one side of the street, and in locations on straight sections of the road (not on curves). o Note that there are locations where the open space abuts the road. Widening the road in these locations would require open space be added elsewhere to replace it. o A sign at the entrance "No overnight parking" is proposed. 20.A gate at the entrance to the development is not permitted. • This will be a final condition and a C&R 21.Disposal of Pharmaceuticals: Homeowners shall be given notice on proper methods of disposal for pharmaceuticals and instructed not to dispose of such materials in the wastewater disposal system. • This will be a final condition and a C&R 22.Bike racks shall be provided at the community center and the tennis court. • This will be a final condition • Add to plans 23.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. • This will be a final condition and a C&R • The Lighting Plans require revisions as follows: • LED lights (new after code was adopted) must be 2700 K maximum to reduce sky-glow 19 • The site remains overly lit as compared to nearby neighborhoods. The Planning Board generally has only permitted street lights at intersections. Reduce the number of fixtures as shown on the marked- up plan to light only intersections, road ends, median islands and parking lots. 24.Residential Units: a. There shall be no more than 124 residential units. • C&R b. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. • C&R c. The architectural design of the residential units must be harmonious with the vernacular style of the surrounding residences, with rooflines that have multiple peaks and dormers, and facades that mix wood shingles and stone. Final architectural designs for the residential units must contain, to the extent possible for attached units, a variety of individual design elements, including a diversity of house shapes and colors to avoid repetitive, monotonous design that is out of keeping with community character. • See Architectural Review Committee Report dated March 17, 2017 • See Staff Report dated 4/24/17 • Colors — how many, and can there be more options to increase the diversity (avoiding repetitive monotonous design). d. All buildings must be constructed and finished according to the architectural designs and floor plans approved by the Planning Board. • Condition of final approval. Underlined added by staff. e. No buildings shall be within 100 feet of the westerly property line of the subject property. • Submitted plans meet this requirement 20 f. The setback of the residential units to the eastern property line of the adjoining working farm shall be no closer than 79 feet. • Submitted plans meet this requirement g. Basement ceiling height shall be no more than 8 feet; • Submitted plans meet this requirement h. Basement windows shall be less than five square feet in size; • Applicant proposed the following change: `Basements shall not be used for habitable space, and basement windows shall not be more than the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes' • Planning Board agreed March 7, 2017 • Submitted plans meet this requirement L The use of low-flow plumbing fixtures within the residential units and the community building is required. • Condition of final approval j. The maximum livable floor area for all units together shall not exceed 219,076 square feet. Livable floor area, for the purpose of all conditions in this conditional approval, is defined as all spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Such "floor area, livable"' shall not be deemed to include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basement having a window area of less than 10% of the square foot area of the room, all of which are specifically excluded from "floor area, livable"; • Condition of final approval and C&R • There was a change requested by the applicant to be able to expand units by 125 s.f., however the SCDHS would not allow expansion, so 21 this is not being considered or added to the Planning Board's conditions of approval. k. The maximum livable floor area in any one unit must not exceed 1,999±-sf. • Condition of final approval and C&R I. No conversions of garages to livable floor area are permitted; • Condition of final approval and C&R m. No conversions of screen porches to livable floor area are permitted ; • Condition of final approval and C&R n. No additions are permitted; • Condition of final approval and C&R o. Construction of all buildings shall comply with New York State Energy Conservation Construction Code, which requires the use of appliances, heating and cooling systems, windows and doors that meet Energy Star guidelines. • Condition of final approval and C&R 25.Clubhouse a. Provide solar panels on the clubhouse. b. Provide a first aid station in the clubhouse. • a. & b. above will be conditions of final approval and C&R 26.Open Space • The plan depicting the open space, OS-1, must be revised to remove the phasing shading. a. At least 50% of the site (23+/- acres) shall be set aside as open space in perpetuity. b. No structures permitted, except a perimeter fence may be allowed. i. Any proposed fence along the perimeter must be reviewed and approved by the Planning Board prior to installation. c. Vegetation Maintenance — as approved in the Planting Plans. • a., b. & c. above will be conditions of final approval and C&R 22 The following conditions were to be completed prior to final site plan approval: All submitted items must be reviewed and approved by the Planning Board. 1. A guaranty of performance is required. An estimate of the guaranty must be reviewed and approved by the Planning Board. • Completed, accepted and submitted. This condition has been met 2. Any changes to the plans must be reviewed by the Southold Town Building Department for compliance with Town Code, and the use certified by the Building Inspector pursuant to Town Code §280-131 F(1). • Revisions are required as noted in the previous section of this report, item 1. • Use Certification to be requested after revised plans submitted. 3. Provide a letter of water availability from the Suffolk County Water Authority. • 1/12/2016 letter from SCWA submitted. 4. An approval stamp from the Suffolk County Department of Health Services on the site plan must be provided for Planning Board review. • Not yet received 5. Provide a draft of the Covenants and Restrictions (a template will be provided by the Planning Board) that includes the relevant ongoing conditions in this approval. • Staff will provide a draft • Town Attorney to review revised template 6. Provide the details for Construction Phase 1 about the specific I/A OWTS system that will be used for sanitary waste disposal. Phases 2, 3 & 4 may use the same or different systems under the same program that meet the specification of nitrogen in the effluent at 19 mg/L or less • Completed. This condition has been met 7. Provide the details regarding the method of obtaining the data for the annual report to the Planning Board that will provide evidence that the I/A OWTS systems in use for all sanitary systems are meeting the specification of nitrogen in the effluent at 19 mg/L or 23 less. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. • Plans currently have a general statement that annual reporting will be in accordance with SCDHS. The Final Approval could include a condition that simply states that there will be annual reporting provided to the Planning Board. 8. Plans to be submitted, reviewed and approved by the Planning Board: a. Storm Water Pollution Prevention (SWPPP) The SWPPP will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after, and is also subject to the review and approval of the Office of the Town Engineer. • Submitted, reviewed and approved by the Office of the Town Engineer. • Technically our Engineers are considering it a Stormwater Management Plan under Chapter 236 since a formal SWPPP and SPDES permit was found to not be necessary the applicant's engineer. b. Road and drainage plans, also subject to the review and approval of the Office of the Town Engineer. • Submitted, reviewed and approved by the Office of the Town Engineer. c. Provide a Construction Traffic Management and Logistics Plan as described above. • Submitted, reviewed and revisions required as noted in previous section of this report, item 13.d. d. Provide architectural designs to demonstrate that the options will allow for a variety of individual design elements, including a diversity of house shapes and colors, and that the completed project will avoid repetitive, monotonous design that would be out of keeping with community character. • Submitted, reviewed. See previous section of this report, item 24.c. e. Provide floor plans for all unit types of sufficient detail and with all dimensions necessary to determine total livable floor area. Total livable floor area for each room must be labeled. Provide a table on the floor plan with the floor area of each room and area meeting the definition of livable floor area as described above to demonstrate how the total livable floor area was calculated for each unit type. 24 • Submitted, reviewed in detail by Planning Board member Rich. Found to meet the agreed-upon livable floor area maximums. f. Irrigation plan i. Provide an irrigation plan that meets the conditions stated above. • None provided, however sufficient information regarding irrigation has been provided —well locations, total gallons per day permitted, & monitoring requirement. g. Planting Plans • Submitted and reviewed. • All completed unless otherwise noted. • See item 12 in the previous section for details about revisions required to Landscape Management Plan and L-1, L-2, etc. i. The narrow areas of land in between the buildings proposed to be managed as native meadows are not practical due to their narrow shapes and locations. Provide planting plans that revise the arrangement of non-irrigated areas so they are better able to be managed as natural habitat. Do not exceed the maximum area allowed to be irrigated (7.3 acres). An alternative would be to manage those narrow peninsulas between the buildings as natural lawn areas (non-irrigated, non-fertilized, no pesticides or herbicides), and identify them as separate from the Natural Habitat Maintenance Area (the rest of the non- irrigated area). • Plans were revised to show a more practical arrangement. ii. Provide a statement on the planting plan indicating how and when the organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. iii. Provide a table of attributes necessary for a plant to be considered drought tolerant on the planting plan, and for each species proposed, identify which attributes that plant possesses (including the proposed turf species). iv. Include each plant's natural range of occurrence to help identify whether it is native. 25 v. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. vi. Provide details on the Planting Plans for the management and maintenance of the Lawn, Plantings, Natural Buffer, and Natural Habitat Maintenance Area as described in the conditions above. • See item 12 in previous section for edits and additions vii. Provide a plan for short-term irrigation of the areas without permanent irrigation, including the following: (a) Quantity of water expected to be used for temporary irrigation of these plantings (b) The source of the water— o tankers (SCWA hydrants), irrigation wells (c) The method by which it will be delivered to the plants (d) The duration of the temporary irrigation • Items a-d above were not all answered in detail or definitively. Instead the Landscape Management Plan explained that some of the answers were not possible due to the number and type of variables such as weather. h. Construction Phasing Plan — Revise as follows: • Submitted and reviewed. All items below were completed except for the minor revisions. • Minor revisions required o See item 10.1. and 12.c.i. in the previous section. o Additionally, add to Step 7 of Phase 1 (the Soil Management step), that no scraping of topsoil or grading can begin until the buffers are fully planted or a sufficient buffer has been left in place, as approved by the Planning Board, to provide dust and noise mitigation to residential neighbors. This condition is from this section item 8.i.i. below (Soil Management Plan requirement). 26 i. Remove from Phase 1 the clearing of the length of road running from the Emergency Access to the cul-de-sac, and add this to Phase 4. No clearing of this short section of road is permitted until Phase 4. ii. State the amount of land to be cleared in each phase. iii. Provide the methods by which land will be cleared. iv. Provide the dimension of the width of the road and road surface during Phase 1 in the areas that pass through the other Phases. V. Areas to be graded during each phase. vi. Identify the drainage to be installed during each phase. vii. Identify the number of residential units to be constructed in each phase. viii. Identify other improvements and site work to be completed in each phase. i. Provide a detailed Soil Management Plan, to be reviewed and approved by the Planning Board and the Office of the Town Engineer, that includes all soil erosion prevention measures and including the following: • Submitted and approved by Engineer. This has been completed. i. The buffer must be fully planted (see "Planting conditions" herein) before scraping of topsoil and grading can begin. (this is in the Phasing Plan —see above item 8.h. in this section) ii. A dust control and watering plan will be instituted to prevent surface and air movement of dust from disturbed soil surfaces. iii. Use a water truck on site to control dust. iv. Stabilize exposed soil surfaces as required. V. Stabilize all soil stockpiles and exposed soil as required by best practices, including temporary seeding and other measures. vi. The plan will include details about best management practices for minimizing the size of exposed areas and the length of time areas are exposed. vii. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. The construction entrance will be maintained until the site is permanently stabilized. 27 viii. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties or roadways. ix. Drainage inlets will be protected through the use of sediment barriers and traps as required. x. Sediment barriers and other erosion control measures will remain in place until disturbed areas are permanently stabilized. A. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. xii. Provide details about the import and export of soil, sand, loam, and topsoil for each construction phase. xiii. Details about the removal of any sand or other material from the site including the amount and identification of the location from where materials will be removed. xiv. Provide a detailed cut and fill plan. xv. Arsenic mitigation for contaminated soil will include the following: (a) Topsoil will remain on-site post development and be re-used. (b) Topsoil in the developable areas will be stripped and stockpiled in four areas, one at the beginning of each phase of the project. (c) Topsoil will not be buried, nor will there be berms created around the perimeter with contaminated soil. (d) Topsoil will be mixed during the generation of the stockpiles to reduce the concentrations of arsenic to below 13.0 mg/kg. (e) Testing protocol for testing soil stockpiles for arsenic will be provided for Planning Board review and approval prior to final site plan approval. (f) Prior to being re-used, new tests will be conducted on the stockpiles, which will be re-sampled and analyzed for arsenic. Stockpiles with arsenic concentrations below 13.0 mg/kg (the most conservative NYSDEC standard; UUSCO) will then be re-used on-site. If stockpiles are identified with arsenic concentrations above 13.0 mg/kg, then sand from on-site construction activities (e.g., installation of foundations, utility trenching, etc.), and/or imported organic-rich topsoil will be mixed into the stockpiles to reduce the concentrations of arsenic 28 and the topsoil will be re-tested. Only topsoil containing concentrations less than 13.0 mg/kg, after mixing, will be permitted to be re-used. (g) Protocol for mixing and retesting soils that test positive for arsenic contamination at a level greater than 13 mg/kg, including ensuring the topsoil to be re-used is not made overly sandy and can support plants. (h) Safe practices during the transplanting of trees to reduce contact with potentially contaminated soil and dust. j. Community Air Monitoring Plan (CAMP) Prepare a Community Air Monitoring Plan (CAMP) that monitors air quality and provides controls during construction. Guidance for the preparation of a CAMP is provided below from the New York State Department of Health's Generic Community Air Monitoring Plan: • Submitted and completed, no further review necessary. i. The CAMP must require real-time monitoring for particulates (i.e., dust) at the downwind perimeter of the work area. The CAMP is intended to provide a measure of protection for the downwind community (i.e., off-site receptors including residences and businesses and on-site workers not directly involved with the subject work activities) from potential airborne contaminant releases as a direct result. Additionally, the CAMP helps to confirm that work activities did not spread contamination off-site through the air. ii.. Continuous monitoring will be required during all soil excavation, grading and handling activities. ili. Particulate Monitoring, Response Levels, and Actions: Particulate concentrations should be monitored continuously at the upwind and downwind perimeters of the exclusion zone at temporary particulate monitoring stations. The particulate monitoring should be performed using real-time monitoring equipment capable of measuring particulate matter less than 10 micrometers in size (PM-10) and capable of integrating over a period of 15 minutes (or less) for comparison to the airborne particulate action level. The equipment must be equipped with an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration should be visually assessed during all work activities. iv.. If the downwind PM-10 particulate level is 100 micrograms per cubic meter (mcg/m3) greater than background (upwind perimeter) for the 15-minute period or if airborne dust is observed leaving the work area, then dust suppression 29 techniques must be employed. Work may continue with dust suppression techniques provided that downwind PM-10 particulate levels do not exceed 150 mcg/m3 above the upwind level and provided that no visible dust is migrating from the work area. V. If, after implementation of dust suppression techniques, downwind PM-10 particulate levels are greater than 150 mcg/m3 above the upwind level, work must be stopped and a re-evaluation of activities initiated. Work can resume provided that dust suppression measures and other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 mcg/m3 of the upwind level and in preventing visible dust migration. 9. Provide written evidence that a good faith effort was made to use a temporary construction route over property with direct access to Depot Lane. • Submitted and complete —see previous section item 13.a. 10.Transportation Improvements • Submitted — some revisions required. See previous section item 14 for details and revisions. a. Provide a plan with the design for the re-alignment of the intersection of Schoolhouse Road and Griffing Street, and the crosswalk, as described above. The design and the timing of its completion are subject to approval by the Town Engineer, Town Highway Superintendent and the Planning Board. b. The Southold Town Planning Board, upon adoption of this resolution, will make a recommendation to the Town Highway Superintendent and the Town Board that the signs listed below be approved: i. Stop signs in both directions at the intersection of Schoolhouse Road and Griffing Street. ii. Stop sign at the end of Schoolhouse Road where it meets Depot Lane. iii. No Left Turn sign at the end of Griffing Street where it meets State Route 25 (NYSDOT approval may be required for the placement of this sign, depending on its location). 11.Emergency Access • Completed except for some revisions — see previous section item 16 for details. 30 i. Provide an illustration of the sign(s) to be posted at both ends of the emergency access lane. Emergency Access Only & Weight Limit supported by the access. o Authorized vehicles only and o Do Not Enter signs provided. ii. Provide plans for the mountable curbs at both ends of the emergency access. iii. Emergency access design and signage to be approved by the Cutchogue Fire District. o Approved iv. Timing of the installation of the emergency access to be determined by the Cutchogue Fire District. o Approved to be in Phase 1 12.Interior circulation /functionality: • All addressed unless otherwise noted. a. Provide a detailed signage plan for the interior of the site; Submitted b. Provide street names for review and approval by the Town Highway Superintendent; • Approved by Town Highway Superintendent via email • Provide street names on relevant plans including C-2.0, 2.1 & 2.2 c. Provide the location of Speed Limit Signs and proposed Speed Limits for interior roadways. d. Provide a sign at the entrance stating that no parking is allowed on the street within the project site. • See previous section item 19 e. Add a notation to the site plan on the booth at the entrance: "unmanned booth". • Currently states "Proposed Reception Booth" f. Add a sidewalk to extend along the north/east side of entrance driveway to connect with Schoolhouse Road. Submitted (Offsite Improvement Plan) 31 g. Designate how mail will be distributed and note this on the site plan; Submitted: Mailboxes located at each driveway C-2.0 h. Show the location of bicycle racks at the community center and tennis court on the site plan; • See previous section item 22 i. Provide dumpster location on the site plan; • Add dumpster location to the plan j. Clarify whether existing perimeter fencing is to remain or if there is a new perimeter fence proposed, and if so, describe material and height; Submitted —see previous section item 8.d. k. Provide sign renderings and dimensions at entrance pursuant to §280-80 of the Town Code; • This item remains to be submitted I. Provide the height of the proposed pool fencing; • As required by Suffolk County agency responsible for pool permitting m. Provide the hours of operation for lighting of the pool; • Not necessary (per previous Planning Board discussion) n. Remove depictions of all exterior light fixtures from all plans except the photometric plan and the overall layout plan; • Not necessary (per previous Planning Board discussion) 13.Revise the site plan to move and screen the tennis court. a. Move the tennis court out of the 50' buffer (farther away from both property lines). • Submitted C-2.2 b. Provide a planting plan to screen the tennis court with evergreens on the two sides closest to the property line. • Submitted C-2.2 c. Provide the correct height and material of the tennis court fencing (two different heights and materials provided on the plan), and obtain variances from the Zoning 32 Board of Appeals to the extent required for fences that do not comply with Town Code. • Not yet submitted. See previous section item 1.ii. 14.Sequence of Construction: Provide a comprehensive sequence of tasks, in the order in which they will occur, to complete the site work for each phase of this project, and includes all the relevant conditions listed herein. These include but are not limited to the timing of installation of stop signs on Schoolhouse & Griffing, staking areas to be cleared, tagging possible trees to remain or be transplanted, inspections by Planning Board, wildlife surveys, transplanting trees into the buffers, clearing, scraping topsoil, stockpiling, grading, installation of utilities, testing, amending and spreading topsoil, installation of irrigation, planting, constructing buildings, paving roads, and installing sidewalks. • Submitted — included on Phasing Plan, PH-1 • Revisions required. See Phasing Plan notes in this and previous sections. After above revisions are completed, submit five copies of the complete site plan packet and any other plans (Landscape Management Plan, etc.) to the Planning Department for review. Suggest that any questions on a revision could be asked via email and using a pdf version of the plan or plans prior to submitting the entire packet. 33 Submission Without a Cover Letter �� ,�E11,7E�i 1-111�1-6/..Il . Sender: Subject: SCTM#: 1000 - Date: l Continents: µ,,µ ,A MAILING ADDRESS: PLANNING BOARD MEMBERS �a1 `UsrU 'i" � P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair 1'�j OFFICE LOCATION: WILLIAM J.CREMERS Air Town Hall Annex PIERCE RAFFERTY �, �iIIIVIuU �u rS' 54375 State Route 25 JAMES H.RICH III 4a �� puUiliuV � �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ` Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN PLANNING BOARD ON MAY 8,2017: RESOLVED that the Planning Board of the Town of Southold hereby authorizes and directs Chairman Donald Wilcenski, on behalf of the Planning Board, to execute an"Amendment to Stipulation of Settlement"with regard to the Suffolk County Supreme Court lawsuit entitled NOCRO Ltd., et al. v. Russell, et al. (Suffolk County Index No. 09-19101), subject to the approval of the Town Attorney. 1 COUNTY OF SUFFOLK e a � , 1 � fUlld'V NfW§,J W.�� STEVEN BELLONE pA�ilTuiuR uu� SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES .LAMES L.TOMARKEN, MD MSW,MPH,MBA,FRCPC, FACP COMMISSIONER May 8, 2017 heritage @ Cutchouge 1721-D North Ocean Avenue Medford,NY 11763 Subject: Board of Review Hearing --- C10-06-0013 Heritage @ Cutchogue — N/w/c School House Lane and Griffing St., Cutchogue—SCTM#: 1000-10200-0100-033003 Dear Sir or Madam: Enclosed is a copy of the findings, recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Board granted the request with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very b t u li➢'fir y s,t ii t w , . t luhlurG i �1 a ➢. 1 116i 't ich, P.E. Principal P1�11`i�,, Health Engineer Chair, Board of Review Enclosure C: Board of Review File Yaphank Nocro, LTD c/o Larl; & Foolts John Sohngen—Reviewer Mr. Andrew Freleng—Planning Department Ms. Lauretta Fischer Planning Department VHB Engineering .Division Of Environmental Quality♦ Board Of Review♦ 360 YaphankAvenue Suite 2B • Yaphank NY 119804 f l l Phone(631)852-5501 Fax,631)852-5825 SUFFOLK COUNTY DEPARTME NT OF, HEALTH SERVIC)C1S DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTicLE 25 SE CTION 220,SuFrom COUNTY SANITARY CODE To; James L. Tomarken,MD,M8W,MPH,MBA,FRCPC,PACP, Commissioner From; Christopher J.Lubicich, P.E.,Chair,Board of Review Subject: Findings and Recommendations of the,Review Board Regarding: C10-06-0013 Heritage @ Cutchogue—N/w/r,School House Lane and Griffing St.,Cptchogue— SCTM#: 1000-10200-0100-033003 Hearing Date: March 16,2017 Board Members:Janet Gremli,Michael Jensen Reviewer: John Sohngen,P,E. Statement_of Problem The applicant proposes to install an Irinoyative/Alternative Onsite Wastewater Treatment System (VA OWTS) to serve the clubhouse at a Planned Retirement Community (PRC). Current Department commercial standards do not permit the we of the proposed I/A OWTS for the clubhouse, EL"!L'I'ma—and—Facts 1, The proposal is to construct a 124 it planned retirement condorninium community and a community clubhouse, 2, The parcel is shown as 45,9959 acres. The parcel is located in Groundwater Management Zone 4 and has an allowable flow of 600 gallons per day per acre. Based on the residential yield calculation the allowable,sanitary density flow is 22,540 gallons per day (gpd),The total sanitary density flow for the project is 22,500 gpd. 3. The proposal rpoets the sanitary density requirements of Article 6. 4, The Department receive'd a SEQRA finding statement from the Town of Southold,which was issued 'November 7, 2016, which basically states that the To is requiring I/A OWTS as the method of sewage disposal, as opposed to conventional septic systems. This requirement is a determination of the To of Southold and is not a requirement of the Suffolk County Sanitary Code. 5, Soil conditions are good, with loam from 0 to I foot and sand and gravel from I to 25 feet below grade. These results are from soil boring#8 where the grade elevation is 32,25 feet. 6, Highest expected groundwater in the area of flie proposed disposal system is 173 feet below grade, This is based on soil boring#2 where the grade elevation is 21A feet, James L,Tomarken,MD,MSW,MPH,MBA,FRCPC,FACP, Commissioner Hearing Date:March 16,2017 Subject: Findings and Recommendations of the Review Board Regarding: CI0-06-0013 Heritage @ Cutchogue—N/w/c School House Lane and Griffing St., Cutchague—SCTM 4: 1000-10200-0100-033003 7. The direction of groundwater is assumed south,towards the Great econic Bay as per the groundwater contributing areas and source water assessment maps prepared by Camp Dresser McKee in 2009 asp of the Comprehensive Water Resources Management Plan fox Suffolk County. The site is located within the 10 to 25 year groundwater contributing area to the Great Peconic Bay, 8. The site will be served by public water supplied by the Suffolk County Water Authority. 9. There is a public well field located approximately 1,000 feet to the no of the site, but the site is not in the contributing area of that well field, per Camp Dresser McKee source water assessment maps. ,an wi AN I 10,To service the residential dwelling units the applic t ll be installing (54) -500 /A OWTS manufactured by Hydro-Action. The AN-500 has a treatment capacity of 550 gpd. Each AN-500 will serve approximately two to three condo units, The AN-500 systems have provisional approval to be installed at residential dwellings in Suffolk couriv. 11.Residential standards section 5-114,B.12 allows the use of I/A OWTS to serve multiple single-family residences located on a single parcel of land such as condominiums, apartments complexes, or co-operatives if the proposed installation meets Department requirements. As proposed, the (54) Hydro Actionl/A OWTS meet the Department's requirements. 12, The, applicant is proposing to install one additional AN-500 I/A OWTS to service the community clubhouse, Because the community clubhouse is not a residential unit, the sanitary system for the clubhouse must comply with the Department's "Other Than Single-Family Residential Construction Standards." 13, The Department's "Other Than Single-Family'kesidential Construction Standards" allow for the use of alternative, sanitary systems only if it can be, demonstrated that the alternative system is equivalent to 'or better than a conventional system. In this case, the proposed alternative system does not comply with the land area utilization, installation cost,maintainability,reparability, life expectancy, energy usage and reliability criteria, 14, The County is presently implementing a Pilot Program to test installations of I/A OWTS which do not comply with the land area utilization, installation cost, maintainability, reparability, life expectancy, energy usage and reliability that would be expected from conventional sewage disposal systems,but which the County believes to be superior with respect to effluent quality,particularly for nitrogen removal James L.Tomarken,MD,MSW,MPH,MBA,FRCPC,FACP, Commissioner Hearing Date:March 16,2017 Subject: Findings and Recommendations of the Review Board Regarding! CI0-06-0013 Heritage @ Cutchogue—N/w/c School House,Lane and Griffing St., Cutchogue--SCTM #: 1000-10200-0100-033003 15. I/A OWTS are required to have an "Operation and Maintenance Agreement" for operation and sampling. In this case the system will be the same as the other (54) I/A OWTS at the site and can be,serviced by the same licensed service provider. 16. Suffolk County will be involved in all phases of the installation of the wastewater system, and will also be the Responsible Management Entity (RME)that overseas monitoring and operation of the system, as well as the effluent quality, Determination It was a 3 to 0 determination of the Board to grant the requested variance for the I/A OWTS to be installed at the community clubhouse with the following provisions: * The system must be registered with the Department. Re-xagistration is required every 3 years, Registration requirements are specified in Standards Promulgated Under Article 19 for the Approval and Management of Innovative and Alternative Onsite Wastewater TreatmWS�ystems, 0 The system owner must maintain an Operation and Maintenance Agreement for the, community center I/A OWTS throughout its functional life. Operation and Maintenance requirements are specified in Standards Promulgated Under Article 19 for the Approval and Management of Innovative and Alternative Onsite Wastewater Treatment Systems, # The, community center I/A OWTS will be subject to the testing requirements of provisionally approved I/A OWTS, Testing requirements are specified in Standards Promulgated Under Article 19 for the Approval and Management of Innovative and Alternative nsite Wastewater Treatment S))stems. Although the commercial construction standards do not currently allow for consideration of envirom-nental benefits from alternative sewage disposal systems as compared to cost, operability, etc, of conventional sewage disposal sys'terns, there are areas that have been identified in the County for which it is believed that advanced nitrogen removal will be beneficial to the water supply and surfaro waters, The subject s*ite is a large property in a 10 to 25 year contributing area to surface waters, with adequate space to install such a system, Data collected by the County may be helpful in the determination as to whether or not such systems should be permitted in the future on a routine basis, The granting of the requested variance is not a formal approval to construct an alternative sewage disposal system on this site. Rather, it is a determination on the specific, variance requested, based upon factors noted in §760-609 of the Suffolk County Sanitary Code (Sanitary Code), In compliance, with §760-609A(1)(a), granting of the variance. is in general oaaformity with the, Sanitary Code, The variance should not impair groundwater, surface water and drinking water supplies, and, as such, is consistent with criteria specified in §760-609A(1)(b). The variance will not adversely afflact the design of an adequate on-site water supply and/or'sewage James L.Tomarken,MD,MSW,MPH,MBA, FRCPC,FACP, Commissioner Hearing Date:Match 16,2017 Subject; Findings and Recommendations of the Review Board Regarding: CI0-06-0013 Heritage @ Cutchogue—N/W/c School House Lane and Griffing St,, Cutchogue —SCTM #: 1000-10200-0100-033003 disposal system, taking into account soil conditions, depth to groundwater, and site-specific physical conditions, and as such, is consistent with criteria specified in §760-609A(l)(e), The vaxiance, being granted is for this specific site, based on its size and suitability, and the installation of (54) additional I/A OWTS on'the site; therefore this variance will not set. a precedent permitting installation of alternative systems on other properties, and, as such, the variance is in conformance with§760-609A(1)(c), As per §760-609 of the Sanitary Code, the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. May 8,2017 Chair—114�ii'Kd of Review COUNTY OF SUFFOLK V 4� STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES ,LAMES L.TOMARKEN, MD K `H tt MSW, MPH, MBA, FRCPC, FACPn COMMISSIONER Ivl May 8, 2017 Heritage @ Cutchouge „'i,``( 1r 1721-D North Ocean Avenue Medford,NY 11763 Subject: Board of Review Hearing — C10-06-0013 — Heritage @ Cutchogue — N/w/c School House Lane and Griffing St., Cutchogue—SCTM #: 1000-10200-0100-033003 Dear Sir or Madam: Enclosed is a copy of the findings, recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Board granted the request with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very 1.naly yc_1tirs ,l,ttbic1ch, P.E. Principal Put',IIc Health Engineer Chair, Board of Review Enclosure C� Board of Review File — Yaphank Nocro, LTD c/o Lark & Foolts John Solingen—Reviewer Mr. Andrew Freleng—Planning Department Ms. Lauretta Fischer Planning Department VHB Engineering ♦Division Of Environmental Quality• Board Of Review♦ 360 Yaphank Avenue,Suite 26 ♦Yaphank NY 11980• 0 Phone(631)852-5801 Fax(631)852-5825 SUFTFOIX C01INTY DEPAR'rmrwr OF HEA1,THSERVICES DIVISION OF ENVIRONNTENTAL QUAJITY :BOAI�D 0r, R-u,VEEW ARTICIX 2, An'iwi 220,ST-5701A COUNTY SANITARY CODE, ................... To: James L, Tomarken,MD,MSW,MPH, MBA,FRCPC, FACP, Commissioner From: Christopher J. Lubicioh,P.E., Chair,Board of Review Subject: Findings and Recommendations of the Review Board Regarding: C10-06-0013 Heritage @ Cutchogue—N/w/c School House Lane and GTiffing St., Cutchogue— SCTM#: 1000-10200-0100-033003 Hearing Date: March 16,2017 Board Members: Janet Gremli, Michael Jensen Reviewer: John Sohngen,P.E, Statement of Problem The applicant proposes to install an Irmovative/Altemative Onsite Wastewater Treatment System (I/A OWTS) to serve the clubhouse at a Planned Retirement Community (PRQ, Current Department commercial standards do not permit the use of the proposed I/A OBITS for the clubhouse, 1, The proposal is to construct a 124 it planned retirement condominium community and a community clubhouse, 2. The parcel is shown as 45,9959 acres. The parcel is located in Groundwater Management Zone 4 and has an allowable flow of 600 gallons per day per acre, Based on the residential yield calculation the allowable sanitary density flow is 22,540 gallons per day (gpd)° The total sanitary density flow for the project is'22,500 gpd. 3. The proposal rpmts the sanitary density requirements of Axticle 6. 4, The Department received a SEQPA finding statement from the To of Southold,which was issued November 7, 2016, which basically states that the Town is requiring I/A OWTS as the method of sewage disposal, as opposed to conventional septic systems, This requirement is a determination of the To of Southold and is not a requirement of the Suffolk County Sanitary Code, 5. Soil conditions are good, with to from 0 to I foot and sand and gravel from I to 25 feet below grade. These results are from soil boring 48 where the grade elevation is 32.25 feet. 6° Highest expected groundwater in the area of the proposed disposal system is 17.7 feet below grade. This is based on soil boring#2 where the grade elevation is 21 A feet, fames L Tomarken, MD, MSW, NVH, MBA,FRCPC,FRCP, Com' missioner Hearing Date:March 16,2017 Subject: Findings and Recommendations of the Review Board Regarding: CI0-06-0013 --- Heritage @ Cutchogue —N/w/c School House Lane and Griffing St,, Cutchogue--SCTM 1000-10200-0100-033003 ........ ..... 7. The direction of groundwater is assumed south, towards the Ch-eat Peconic Bay as per tile groundwater contributing areas and SQUTCC water assessment maps prepared by Carnp Dresser McKee in 2009 asp of the CornP rehensive Water Resources Management Plan for Suffolk County. The site is located within the 10 to 25 year groundwater contributing area to the Great Peconic Bay, 8. The site will be served by public water supplied by the Suffolk County Water Authority. 9, There is a public well field located approximately 1,000 feet to the north of the site, but the site is not in the contributing area of that well field, per Camp Dresser McKee source water assessment maps. 10. To service the residential dwelling units the applicant will be installing (54) AN-500 I/A OWTS manufactured by Hydro-Action, The AN-500 has a treatment capacity of 550 gpd. Each AN-500 will serve approximately two to three condo units, The AN-500 systems have provisional approval to be installed at residential dwellings in Suffolk County. 11. Residential standards sectioh 5-114,B,12 allows the use of I/A OWTS to serve multiple single-family residences located on a single parcel of land such as condominiums, apartments complexes, or co-operatives if the proposed installation meets Department requirements, As proposed, the (54) Hydro Action I/A OWTS meet the Department's :requirements. 12. The applicant is proposing to install one additional AN-500 I/A OWTS to service the community clubhouse, Because the community clubhouse is not a residential. unit, the sanitary system for the clubhouse must comply with the Department's "Other Than Shigle-Family Residential Construction Standards," 13. The Department's "Other Than. Single-Family Residenti4l Construction Standards" allow for the use of alternative sanitary systems only if it ran be demonstrated that the alterriative system is equivalent to 'or better than a conventional system he,, In this case, t proposed alternative system does not comply with the land area utilization, installation cost, maintainability,reparability, life expectancy, energy wage and reliability criteria, 14, The County is presently implementing a Pilot Program to test installations of I/A OWTS which do not comply with the land area utilization, instailation cost, maintainability, reparability, life expectancy, energy usage and reliability that would be expected from conventional sewage disposal systems, but which the County believes to be superior vvith respect to effluent quality, particularly for nitrogen removal James L. Ibmarken,MD, MSW, MPH,MBA, FRCPC, FACP, Commissioner Hearing Date: March 16, 2017 Subject: Findings and Recommendations of the Review Board Regarding: CI0-06-0013 ry Heritage @ Cutchogue—N/w/c School House Lane and Griffing St., Cutchogue SCTM 4: 1000-10200-0100-033003 15. I/A OWTS are required to have an "Operation and Maintenance Agreernent" for operation and sampling. In this case the system will be the same as the other (54) I/A OWTS at the site and can be serviced by the same licensed service provider. 16. Suffolk County will be involved in all phases of the installation of the wastewater system, and will also be the Responsible Management Entity (RME)that oversees monitoring and operation of the system, as well as the effluent quality, Determination It was a 3 to 0 determination of the Board.to grant the requested variance for the I/A OWTS to be installed at the community clubhouse with the following provisions: The system inust be registered with the Department. Re-registration is required every 3 years. Registration requirements are specified in Standards Promulgated Under Article 19 for the Approval and Management of Innovative and 41ternative Onsite Wastewater TreatmentS�slems, The system owner must maintain an Operation and Maintenance Agreement for the cornmunity center I/A OWTS throughout its functional life. Operation and Maintenance requirements are specified in Standards Promulgated Under Article 19 for the Approval and Management of Innovative and Alternative Onsite Wastewater Treatment Systems, The community center I/A OWTS will be subject to the testing requirements of provisionally approved I/A OWTS. Testing requirements are specified in Standards Promulgated Under Article 19 for the Approval and Management of Innovative and Alternative Onsite Wastewater Treatment Systems, Although the commercial construction standards do not currently allow for consideration of environmental benefits from alternative sewage disposal systems as compared to cost, operability, etc, of conventional sewage disposal systems, there are areas that have been identified in the County for which it is believed that advanced nitrogen removal wi_11 be beneficial to the water supply and surface waters. The subject site is a large property in a 10 to 25 year contributing area to surface waters, with adequate, space to install such a system. Data collected by the County may be helpful in the determination as to whether or not such systems should be permitted in the future on a routine basis. The granting of the requested variance is not a formal approval to construct an alternative, sewage disposal system on this site. Rather, it is a determination on the specific variance requested, based upon factors noted in §760-609 of the Suffolk County Sanitary Code (Sanitary Code)° In compliance with §760-609A(1)(a), granting of the variance is mi general conformity with the Sanitary Code, The variance should not impair groundwater, surface water and drinking water supplies, and, as such, is consistent with criteria specified in §760-609A(1)(b). The variance will not adversely affect the design of an adequate on-site water supply and/or sewage James L. Tornarken, M:F),.MSW, .MIIH,MBA, FRCK, FACP, Cornmissioner Hearing Datc:March 16,2017 Subjcct: Findings and Recornmendations of the Review Board Regarding: CIO-06-0013 Heritage @ Cutchogue —N/w/c School .Hmisc Lane and Griffing St,, Cutcliogue ...-SCTM 1000-10200-0100-033003 disposal systern, taking into account soil conditions, depth to groundwater, and site-specific physical conditions, and as such, is consistent with criteria specified in §760-609A(l)(e), The varianc(, being gyanted is for this specific site, based an its size and suitability, and the installation of (54) additional I/A OW TS on the site; therefore dus variance WiJI not set a precedent permitting installation of alternative systerns on iAher properfies, arid, is such, the variance is in confon-nance with §760-609,A(l)(c), As per §760-609 of Ihe Sanitary Code, the approval of the variance is in harmony with the general purpose and :intent of the Sanitary Code to protect groundwater and drin-king water supplies, surface water arid other natural resources, and public health, safety ari.d welfare. fie May 8,2017 �—r •••a 100 MOTOR PARKWAY,SUITE 156 I�we HAUPPAUGE,NY 11788 PHONE:631.979.3000 FAX:631,979.7070 wwmcertilmanbal in.com JOHN M.WAGNER C PARTNER jwagner(dIcertilmanbalin.com - C �1'Jj May 5, 2017 X DELIVERY ouC ��... BY FEDE ��:wutP�old FoWn Rannins,,�Board Planning Board of the Town of Southold Town Hall Annex (Capital One Bank Building) 54375 State Route 25 P.O. Box 1179 Southold, NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Road, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC (hereinafter "Heritage"), the applicant for the above-referenced site plan application. I enclose herewith a copy of the Planning Board's April 11, 2017 letter to me regarding the Planning Board's April 10, 2017 resolution granting permission, subject to several conditions, for certain site work to be completed prior to final site plan approval. I have signed the enclosed letter to acknowledge that there are conditions of the said approval to be satisfied. I also enclose herewith, as requested in the Planning Board's April 11, 2017 letter, an original "Affidavit of Mailing" confirming that notice to the adjacent property owners specified in the attachment to the Planning Board's April 11, 2017 letter has been given by certified letter to such owners. Please contact me if you have any questions. Very truly yours, a ,g a M John M. Wagner Enclosures CEIIPUILMAN I ALIN Alf7➢.,llER&HYMAN, 1,1.T 5951473.1 NASSAU OFFICE:EAST MEADOW,NY 11554 MAILING ADDRESS: PLANNING BOARD MEMBERSk 9�op P.O.Box 1179 DONALD J.WILCENSHI Southold r '�;a°�� =;µ� � 'NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS t III Town Hall Annex PIERCE RAFFERTY C `° 64876 State Route 26 JAMES H.RICH III N�, � (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR ��`�� Southold,NY Telephone:63 1 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Request for Certain Site Work: The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density- HD Dear Mr. Wagner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on April 10, 2017: WHEREAS, on November 6, 2016, the Southold Town Planning Board granted Conditional Approval of the Residential Site Plan application entitled "The Heritage at Cutchogue" prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., with numerous conditions to be met prior to the Planning Board authorizing the Chairman to endorse the site plans; and WHEREAS, on March 10, 2017, the Planning Board received a letter from John Wagner, attorney for the applicant, requesting the Planning Board to authorize The Heritage and its contractors to commence Phase I tree relocation and removal, and clearing for such work, prior to final site plan approval; and WHEREAS, the applicant states this is significant because the Site Plan Approval Conditions prohibit tree removal during the two-month period between June 1 and July 31. The applicant believes it would be most beneficial to the neighborhood for all Phase 1 tree removal and relocation, and clearing be completed prior to June 1. Otherwise, such tree removal and relocation, and associated clearing, will need to be put off until August, the height of the summer season, when neighbors are likely to spend more time out-of-doors; and The Heritage at Cutchogue 2 April 11, 2017 WHEREAS, the Planning Board, in their letter to John Wagner, dated March 15, 2017, detailed the items required to be submitted prior to considering this request; and WHEREAS, at their April 10, 2017 work session, the Planning Board reviewed the required items, including the Construction Phasing Plan "PH-1", and documents submitted, as listed in the April 10, 2017 Planning staff report, and agreed to consider the request to complete steps one through six of Phase 1; therefore be it RESOLVED, that the Planning Board hereby agrees to allow the work as detailed in items one through six under Phase 1 on the plan entitled "Construction Phasing Plan PH-1 prepared by Angelo V. Laino, P.E., dated August 6, 2015 and last revised April 6, 2017, under Phase 1, to be completed prior to final site plan approval with the following conditions: 1. The Town Board must accept the Bond Estimate and the Bond prior to work beginning; and 2. The preconstruction meeting and all inspections must be done according to the Construction Phasing Plan; and 3. Notice to neighbors: A certified letter to all adjacent neighbors notifying them that work will begin at the site, and including this resolution, and a copy of the items one through six of Phase 1 as described above; and 4. Limits of this permission: Permission has been granted to complete work in Phase 1 up through tree cutting, clearing, and grubbing of roots. This does not include moving or piling topsoil, cutting or grading road beds, or any other work; and 5. No moving or removal of topsoil; and 6. No grading or pushing soil into piles; 7. The Planning Board will inspect the site prior to clearing, both to confirm the limits of clearing, and to identify any trees that might be able to be left in place outside the buffer, where feasible and in consultation with the applicant. Please note that proof of mailing the notices required in condition 3 must be submitted to the Planning Board. If you have any questions regarding the above, please contact this office. The Heritage at Cutchogue 3 April 11, 2017 Very truly yours, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Engineering Inspector By signing this letter, the applicant acknowledges that there are conditions that must be satisfied, f� �wM � ""HMNMHArtAAMMMMmmWrvMWrvVrvMYUH"'u .mmwn. iiiiinriwwr � n M. �gner, E agent for the applicant ra A. Notice to Adjacent Property Owners The Heritage @ Cutchogue 75 Schoolhouse Road Cutchogue, NY SCTM#1000-102.-I-33.3 1. 102.4-23.1 2. 102.4-9.2 3. 102.4-5.2 4. 102.-1-4.6 5. 102.-1-4,7 6. 102.-1-4.8 7. 102.4-4.9 B. 102.-1-3.4 9. 102.4-18.1 10. 102.4-33.4 11. 102el-20 12. 102.-8-22 13. 102.-8-23 14. 102.-B-24 15. 102.-B-25 16. 102.-B-26 17. 102.-8-27 18. 102.-8-28 . 3 20. 102.-B-30 PLANNING BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK, STATE OF NEW YORK -__-_____m___________________________..__-__.__.m_____ -..__-.._-_______-_.-X In the Matter of the Application of AFFIDAVIT OF MAILING THE HERITAGE AT CUTCHOGUE, LLC for Site Plan Approval for Property at 75 Schoolhouse Road, at the Northwest Corner of Griffing Street and Schoolhouse Road., Cutchogue, New York -- Suffolk County Tax Map Parcel No. 1000-102-1-33.3 ____ ______________._-e.__o_®____-____-__________-_®®w_-..----___.__- ®X STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) MICHELE BOYLE, being duly sworn, deposes and says that: 1. I am employed by Certilman Balin Adler & Hyman, LLP, the attorneys for the Applicant herein. 2. On the 3rd day of May, 2017, 1 served a copy of the annexed notification letter, Planning Board resolution, and list of Items 1 through 6 of the Phase I construction for the subject project, by certified mail, return receipt requested, upon each of the persons listed in the annexed list of names and addresses, by delivering such documents, enclosed in postpaid envelopes addressed to the said persons at the said addresses, into the custody of an employee of the United States Postal Service within the State of New York. 3. The persons named in the annexed list are, upon information and belief, the owners of all the tax parcels required to be notified by the annexed Planning Board resolution, and their names and addresses were obtained from the latest Town of Southold Tax Assessment Roll posted on the official Town of Southold website. a ICHELE BOYLE Sworn to before me this ` 1 day of May, 2017. Nc ary Public KATHLEEN A.DEININGER !Votary Public State of New York File#46181.0005 No.01 DEe171749 Qualified in Suffolk County Commission Expires Joly 30,2t3 6285187.1 100 MOTOR PARKWAY,SUITE 156 CERTILmANBALINHAUPPAUGE,NY 11788 PHONE:631.979.3000 FAX:631.979.7070 www.certilmanbatin.com JOHN M.WAGNER PARTNER j wagner(d certilmanbalin.com May 3, 2017 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED Re: The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Road, n/w corner of Griffing Street and Schoolhouse Road, Cutchogue, New York Suffolk County Tax Map Parcel Nos. 1000-102.00-01.00-033.003 Dear Property Owner: Please be advised that work will begin at the above-referenced site, in accordance with the enclosed resolution of the Town of Southold Planning Board, on or about May 10, 2017. Also enclosed is a copy of Items 1 through 6 of the Phase 1 construction for the subject project, which are referred to in the enclosed Planning Board resolution. Very truly yours, John M. Wagner Enclosures 6284419.1 111°YTILMA.N BAflLll.N Amxit°"as.1"1YMA1VA 1L1.P NASSAU OFFICE:EAST MEADOW,NY 11554 MAILING ADDRESS: PLANNING BOARD MEMBERS b t � P.O. Box 1179 DONALD J.WILCENSHI ° Southold,NY 11971 w k .. Chair ,� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY ��" 64375 State Route 26 JAMES H.RICH III � n �� ,A '� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �� m�mG�. ; Southold,NY Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Request for Certain Site Work: The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density- HD Dear Mr. Wagner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on April 10, 2017: WHEREAS, on November 6, 2016, the Southold Town Planning Board granted Conditional Approval of the Residential Site Plan application entitled "The Heritage at Cutchogue" prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., with numerous conditions to be met prior to the Planning Board authorizing the Chairman to endorse the site plans; and WHEREAS, on March 10, 2017, the Planning Board received a letter from John Wagner, attorney for the applicant, requesting the Planning Board to authorize The Heritage and its contractors to commence Phase I tree relocation and removal, and clearing for such work, prior to final site plan approval; and WHEREAS, the applicant states this is significant because the Site Plan Approval Conditions prohibit tree removal during the two-month period between June 1 and July 31. The applicant believes it would be most beneficial to the neighborhood for all Phase 1 tree removal and relocation, and clearing be completed prior to June 1. Otherwise, such tree removal and relocation, and associated clearing, will need to be put off until August, the height of the summer season, when neighbors are likely to spend more time out-of-doors; and The Heritage at Cutchogue 2 April 11, 2017 WHEREAS, the Planning Board, in their letter to John Wagner, dated March 15, 2017, detailed the items required to be submitted prior to considering this request; and WHEREAS, at their April 10, 2017 work session, the Planning Board reviewed the required items, including the Construction Phasing Plan "PH-1", and documents submitted, as listed in the April 10, 2017 Planning staff report, and agreed to consider the request to complete steps one through six of Phase 1; therefore be it RESOLVED, that the Planning Board hereby agrees to allow the work as detailed in items one through six under Phase 1 on the plan entitled "Construction Phasing Plan PH-1" prepared by Angelo V. Laino, P.E., dated August 6, 2015 and last revised April 6, 2017, under Phase 1, to be completed prior to final site plan approval with the following conditions: 1. The Town Board must accept the Bond Estimate and the Bond prior to work beginning; and 2. The preconstruction meeting and all inspections must be done according to the Construction Phasing Plan; and 3. Notice to neighbors: A certified letter to all adjacent neighbors notifying them that work will begin at the site, and including this resolution, and a copy of the items one through six of Phase 1 as described above; and 4. Limits of this permission: Permission has been granted to complete work in Phase 1 up through tree cutting, clearing, and grubbing of roots. This does not include moving or piling topsoil, cutting or grading road beds, or any other work; and 5. No moving or removal of topsoil; and 6. No grading or pushing soil into piles; 7. The Planning Board will inspect the site prior to clearing, both to confirm the limits of clearing, and to identify any trees that might be able to be left in place outside the buffer, where feasible and in consultation with the applicant. Please note that proof of mailing the notices required in condition 3 must be submitted to the Planning Board. If you have any questions regarding the above, please contact this office. The Heritage at Cutchogue 3 April 11, 2017 Very truly yours, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Engineering Inspector By signing this letter, the applicant acknowledges that there are conditions that must be satisfied. John M. Wagner, Esq., agent for the applicant Notice to Adjacent Property Owners The Heritage @ Cutchogue 75 Schoolhouse Road Cutchogue, NY SCTM#1000-102.-1-33.3 1. 102.-1-23.1 2. 102.-1-9.2 3. 101-1-5.2 4. 102.4-4.6 5. 102.-1-4.7 6. 102.-1-4.8 7. 102--l-4.9 8, 102.4-3.4 9. 102.4-18.1 10. 102.-1-33.4 11. 102.-1-20 12. 102.-S-22 13. 102.-8-23 14. 102.-B-24 15. 102.-8-25 16. 102.-8-26 17. 102.-B-27 18. 102.-8-28 I$. 102."8T29 20. 102.-8-30 0) Ul 4h, W N3 -0 :3 0 0 (A :3 > I a 3 -1 — �g 'D 0 CD M 0 > 0 0 0 0 a 0 0 0 0 —--h='0 0 m to 3 a c) Ol cr :1 a -1 0 =r CO -1 -1 a 0 r+- #_:3 0 a ro :3 CL 0 Ot. w 0 CL ::r to 0. C) C :3 :3 0 :1 r+-(D ka a :3 0 o 3 0 (a 0. 0 0 a CD 5.cD CD CD 0 0. 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" —.Q 0 CL 0 0 or 0 0 M W C a 0 w __% m to ;$7 M :3 OL m; It.CL 0 0 0 3 to 0 0 ;,L w -V 0 0 CD CO -0 0 D, 3 a a Zx 0 CO +-G :3 9 0 to a-4, 0 0 ;� -.0 m a 0 a C-40 M w !t 3 kD-. cA CD CL Z) rn 0 =r .I N a---h:l:IF :3 5-U:) V) 0 0 m 3 0 13 Ya 0 CD Ua a :3 0, m * m ::r cr 3 C) 0 M CD CD 5.0 -1-0 m —0 --i co c :3 3 o r+- o ttN 0 a- -0 -t,-1 MI. a CD to-0 0 M 3 OL — 13 CD (D 3' 0 5-0 0 w D -1 0 0 0 M 0 0 Z rL = 0 0 CD a to 0_0 03 0 ct 0 H. 5,0 6- cal pro ro.d- -7 . 0 ti) CL w 0 + 40 Q -1 0 cJI R- C CL to w-1 ED 0 to 14- a 0 0 0 CD CD 0 0 0 3 < :3 ' m ro rs..0 jq' 3 0 a ror+ C)_u 0 0 -1 0 rf) A.. 0 3 :1 0 -3 J m (D 0 0 (0 Q ri-< jug 0 to -1 CD M- -0 0 0 0 0 0 U) =r 0 :3 0 0 0 < X C) (D 0 -U CL ® art®Q 0 C 0 to a — =F 3 -, 0- :3 to to (0 0, 0 -10, _, O r+ =r -I- (D CL 0 zi 0 0 0 e-4-m 3 CD 0 > 0 3 rf 0 3 CD CL =r to 0 5 0 M= 3 CL m — 0 ro co M :3 0 =r 0. 0 3 CD 0 m N :� = to -0 0 m =) a- I ro -4 a to M = P:a 0 k) 5,CD > r-l-rL I< -+* 2. to 0"n = c 0 CD w rr , r+. r*. 5,-0 .3 a- CD to > M m 5' Q CD 0 m w 0 < =r to m 0 a CD p CD-1 --h 1000-102-1-23.1 1000-102-1-9.2 1000-102-1-5.2 Charles J. And Jean T. Zahra Barbara Grattan Rose's Vineyard LLC POB 1137 427 Ostrander Avenue POB 914 Mattituck,NY 11952 Riverhead,NY 11901 Cutchogue,NY 11935 1000-102-1-4.6 1000-102-1-4.7 1000-102-1-4.8 Roy & Debra Lebel Louis C. & Tina Vaccarella Douglas & Lydia Burns 1755 Evergreen Drive 1800 Evergreen Drive 1750 Evergreen Drive Cutchogue, NY 11935 Cutchogue,NY 11935 Cutchogue, NY 11935 1000-102-1-4.9 1000-102-1-3.4 1000-102-1-18.1 Vincent & Ruth Urwand DiBorghese Castello, LLC RC Church of Sacred Heart 1650 Evergreen Drive 17150 CR 48 Diocese of Rockville Centre Cutchogue,NY 11935 POB 957 POB 9023 Cutchogue,NY 11935 Rockville Centre, NY 11571 1000-102-1-33.4 1000-102-1-20 1000-102-8-22 Anjo Ltd. Town of Southold Jennifer L. & Thomas P. Foster Att: Joseph E. Nolan 53095 Rt. 25 POB 1035 8 910 S oundview Avenue Southold,NY 11971 Cutchogue,NY 11935 Southold,NY 11971 1000-102-8-23 1000-102-8-24 1000-102-8-25 David A. & Donna M. Cook Patrick J. & Leslie Casey, Jr, George McDowell, Jr. 3050 Highland Road 2890 Highland Road POB 326 Cutchogue, NY 11935 Cutchogue,NY 11935 Laurel,NY 11948 1000-102-8-26 1000-012-8-27 1000-102-8-28 Daniel Goodwin Cynthia Lake William F. & Vivian Velez 2490 Highland Road 2270 Highland Road 2060 Highland Road Cutchogue,NY 11935 Cutchogue, NY 11935 Cutchogue,NY 11935 1000-102-8-29 1000-102-8-30 Steven E. DiMartino Sormeley Zara QPRT 585 Dune Road 208-50 28" Avenue Westhampton, NY 11977 Bayside, NY 11360 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 24, 2017 4:00 p.m. Southold Town Meeting Hall 3:00 p.m. Executive Session (Legal Advice) 4:00 p.m. Applications Project Name: ; The Heritage at Cutchogue 2015 ; SCTM#: 1000-102-1-33.3 j Location: i 75 Schoolhouse Road, on the n/w corner of Griffing Street and School j l House Lane, approximately,1,079 feet n/o the Main Road, in Cutchogue. Descriptiow This proposed and attached ng with hla 6,188 Plan 1s . ft. community centet of r, antoutdoor ' I dwellings, q� Y swimming pool, one tennis court, and other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District I Status: Pending (Conditional Site Plan Approval) Action: f Architecture Review Attachments: ( Staff Report Lo ject name: No 8 7rth 5 Fork R.,en cling li g (NF Sanitation) SCTM#. 0 100-83-3-4.7 ox Description: This Site Plan is for the proposed construction of a 1-story 960 sq. ft. building for office use attached to a 1 'h-story 6,000 sq. ft. building for d warehouse space and no basement with 16 parking stalls on 5 acres in the Light Industrial Zoning District, Cutchogue. i Status: New Application Action° Completeness j Attachments: Staff Report Project Name: Sannino Winery & Tasting Room SC 1.TM#: 1000-101-1-14.4 Location: 7495 Alvahs Lane, ±490' s/w/o Alvahs Lane and CR 48, Cutchogue Description: This Site Plan is for the proposed construction of a 2-story building with a 2,852 sq. ft. first floor for wine production, wine retail area, and a wine ! education room), a 438 sq. ft. second floor for an office, and a 3,600 sq. ft. basement with thirty nine (39) parking stalls on two adjacent parcels (to be merged pursuant to ZBA File 6882) totaling 8.94 acres in the A-C Zoning District, Cutchogue. Status. Pending Action: I Review Public Hearing Comments and Next Steps Attachments: ( Staff Report Southold Planning Department Staff Report Site Plan Application Work Session Date April 24, 2017 Prepared By: Heather Lanza I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Same as above Date of Submission: January 2, 2015 Tax Map Number: 109.-1-33.3 Project Location: 75 Schoolhouse Road Hamlet: Cutchogue Zoning District: HD - Hamlet Density II. Description of Project Type of Site Plan: Residential Site Plan for condominiums Acreage of Project Site: ±46.17 acres Number of units 124 Other structures Clubhouse, outdoor swimming pool, tennis court, gazebo This proposal is for 124 dwellings with a maximum livable floor area of all residential units not exceeding 219,076 sq. ft., a 6,188 sq. ft. clubhouse with a ±1,125 sq. ft. outdoor swimming pool, and one tennis court. III. Action Review revised architectural plans and Architectural Review Committee recommendations. IV.Revised Architectural Plans submitted In the conditional site plan approval, the Planning Board required the following: The architectural design of the residential units must be harmonious with the vernacular style of the surrounding residences, with rooflines that have multiple peaks and dormers, and facades that mix wood shingles and stone. Final architectural designs for the residential units must contain, to the extent possible for attached units, a variety of individual design elements, including a diversity of house shapes and colors to avoid repetitive, monotonous design that is out of keeping with community character. Provide architectural designs to demonstrate that the options will allow for a variety of individual design elements, including a diversity of house shapes and colors, and that the completed project will avoid repetitive, monotonous design that would be out of keeping with community character. Revised architectural plans, including elevations and floor plans of all models proposed were submitted on March 7, 9 and April 7, 2017. Models: (48) A and Al units (1,999 sq. ft. livable floor area). 2-story Same basic footprint, different floor plans (72) B and B1 units (1,599 sq.ft. livable floor area). 1-story Same basic footprint, different floor plans (4) C units (1,999 sq. ft. livable floor area). attached 2-story versions of the B units *Note that the updated elevations and floor plans for the clubhouse, and elevations of the entrance "gatehouse" have not yet been submitted. Color renderings with examples of how the built units will look were provided at the April 10 work session. Applicant's architect to present their plans, materials and any explanations to the Planning Board directly at this work session. V. Architectural Review Committee Recommendations The Architectural Review Committee (ARC) met on March 17, 2017 and had extensive comments. Please see attached ARC minutes for the full details. A summary of the ARC comments are listed below, and the overview is that the ARC does not believe that the architecture meets the PB's conditions: Entry/Gatehouse: The ARC suggests that an unattended gatehouse serves only to convey a message of exclusivity and separateness. This is antithetical to a sense of community appropriate for this central village location. ARC recommends replacing it with small gazebos that include seating, located to either side of the main entrance. 2 Breezeway Connection between `A' Units: The drawings are unclear and conflicting in regard to the size of the breezeways and the ARC requests clarification and updated drawings from the Architect. The ARC questions how any vegetation would grow under this deeply shaded area, as well as the lack of intended use and function of the space. The ARC recommends several alternatives: • Close the gap between the A/A-1 residences and thereby enlarging the side yards. (similar to duplex floor plans for Model C, dwg. A-6) • Create access door to the space directly from each unit, and/or enclose them to make useable space. • Close off the front with a low wall and add plantings to obstruct the view. It is recommended that the area between the garages have access from the rear only, and have side doors from each unit. Scale and Diversity of Housing Types: The Planning Board Conditions of Approval — Conditions 24.c, (page 12) has not been addressed. The condition is as follows: The architectural design of the residential units must be harmonious with the vernacular style of the surrounding residences, with rooflines that have multiple peaks and dormers, and facades that mix wood shingles and stone. Final architectural designs for the residential units must contain, to the extent possible for attached units, a variety of individual design elements, including a diversity of house shapes god colors to a crr�l r pg�rt�wrg� r��rarr�a�c�ra�amcis..d( ,,n t at is out of keeping with community character The excessive roof massing and the lack of housing diversity are major concerns. Roof mass/height is particularly excessive on the main roof connecting B & B-1 units, These large roofs enclose vast uninhabitable attic space. Essentially, there are only 2 house configurations for 124 units and even these are segregated to separate roads. Designs are not informed by local/vernacular architectural history/regional design standards. Design appears to be a 'formula' suitable for any community nation-wide. The ARC encourages review of our guidelines and suggests more appropriate designs based upon the resource list ARC makes available. 3 Chimneys and Caps: Gas fireplace chimneys are shown on "B" model elevations, but not on "A" model elevations. This needs clarification. Chimneys are better located along a roof ridge, rather than at an eave. The eave chimneys on Model B/B-1 elevations, dwg B-1, are too large in scale and yet shorter than they would be at a roof ridge, and therefore more prone to downdrafts as well. ARC recommends that gas fireplaces at eaves can have a side vent instead of a chimney. Chimney caps are oversized and not compatible with house design. Sidewalk around Greenspace/Drainage Basin: The ARC recommends moving concrete sidewalks that border the 2 greenspace/ drainage areas to the residence side of the street, where they would be integrated with driveways similar to other areas on the site plan, so active pedestrian traffic will not have to cross the street. This location will reduce the total amount of impermeable pavement since sidewalks will overlap driveways. The present sidewalk location (around the two drainage areas/greens) should be replaced with mulch paths, which are better for passive uses such as dog walking and jogging. Housing Resilience: The ARC notes that the comments regarding housing resilience in the 1/21/17 minutes are still of concern and have not been adequately addressed. These include noting that home-buyers are increasingly interested in low heating bills, and well-insulated LEED-type construction and a house that will stay warm (or cool) even if there is a power failure. VI. Staff recommendation Hold any decisions from the Planning Board on architectural plans until the full review on May 22 to give the Planning Board time to review the ARC's comments after today's presentation by the applicant's architect. VII. Next steps toward final site plan approval Staff to complete review of entire site plan with the conditions of Conditional Site Plan approval in time for the May 22 work session. 4 CUTCH-09 U�E FI,R"E,,,-D-IS"TR, ICT .............. ............ ---- ............ New Suffolk Road., Cutchogue, NY 11935 . Telephone (63 1) 734_6907 - Fax (63 Il) 734-7079 E-mail: cutfd(o�Poptonlirie.net Over 88 Servi,e ( r. y April 11, 2017 �,� � r '17 P Brian Cummings fur,u a Town Planning Bd. ® PO Box 1179 Southold, NY 11971 Dear Mr. Cummings, Reference your letter of March 17t", 2017 concerning the Heritage @ Cutchogue for final site plan review. The Board of Fire Commissioners have reviewed items 1, 2, and 3a-e and find them in accordance with our requests. Thank you for your cooperation, we remain, Yours truly, Board of Fire Commissioners Matthew J. Martin Fire District Secretary F; MAILING ADDRESS: PLANNING BOARD MEMBERS �� " `� P.O. Box 1179 Southold, NY 11971 DONALD ChairJ. LCENSHI �, �;, ��W OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS ' PIERCE RAFFERTY ' ce� 54375 State Route 25 JAMES H.RICH III �I�lm � r' �� r (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR " � r � �#1'"� Southold, NY Telephone: 631 765-1938 www.southol dtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re; Bond Approval: The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 10, 2017: WHEREAS, this proposed Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in Cutchogue; and WHEREAS, on March 16, 2017, Henry Alia, project manager for Rimor Development LLC, submitted a Draft Bond Estimate for the Heritage at Cutchogue; and WHEREAS on March 27, 2017, the Southold Town Engineering Department revised the Draft Bond Estimate for the Heritage at Cutchogue in the amount of$150,014.00 to include certain off-site improvements; and WHEREAS, on April 10, 2017, the Planning Board reviewed the Bond Estimate at their Work Session and accepted the estimate in the amount of$150,014.00; therefore be it The Heritage at Cutchogue Page 2 April 11, 2017 RESOLVED, that the Southold Town Planning Board hereby accepts the Draft Bond Estimate for the Heritage at Cutchogue in the amount of$150,014.00; be it further RESOLVED, that the Southold Town Planning Board hereby accepts the Bond for the Heritage at Cutchogue in the amount of$150,014.00 and recommends the same to the Southold Town Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. : truly , Donald J. Wilcenski Chairman Encl. cc: Elizabeth A. Neville, Town Clerk SCOTT A. RUSSELL � � �� JAMES A. RIGHTER, R.A. s' u � A" SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD ' r TOWN OF SOUTHOLD,NEW YORK 11971 765 1560Fax. (631)u7659Spu.uV1f��^1 �,4w1 I �Ilu�, u, T � 'V 1 S u9 1 V II Iu 1�,�� e. �II�"�i z 4°�,,,�a M llr��l��;f µ ms lwN a 91,, u a OFFICE OF THE ENGINEER 'R uU 5 TOWN OF SOUTHOLD Heritage at Cutchogue Bond Estimate - 3/16/2017 Prepared by Henry Alia, Project Manager, Rimor Development LLC *ALL ITEMS INCLUDE LABOR/MATERIAL Revised by the Town of Southold Engineering Department — 3/27/2017 Off Site Work (Item #1) Drainage - 1 - catch basin - $ 3,500.00 85 linear feet of 18" RCP @ $30.00/If- $ 2,550.00 1 - 10' x 10' x 6' drainage structure - $ 3,000.00 Concrete Curbs — "Type A" - 3,000PSI 445 linear ft. @ $16.00/If- $ 7,120.00 IIII te: 620 ""16 (")ll llll 8,320.00 liiis aloiig rlii[fftiii° St I iii ucte l at tfte wid of 1 o :l Sidewalk - 3,000PSI 75 linear feet x 5' width - 376 sq ft @ $6.00/sq ft - $ 2,250.00 Asphalt Paving - 7,500 sq. ft. @ $5.00/sq. ft. - $ 37,500.00 Pavement Marking - 3 Stop bars - $ 250.00 Sub-Total: $ 56,170.00 *Note: I obit Estliiii t $ 26,420.00 Due to fi of (�'Flvr]I3s & Blinds JIII loiii1 Grifffing S11 IIIIDe coniipleted by iim IIIPowneill, on soattimast oiii,n&ii111. Page 1 of 2 Heritage at Cutchogue Revised Bond Estimate Page 2 of 2 Remaining Work items Testing of Stockpiled Soil (Item #2) 5 days of testing @ $300.00 per day - $ 1,500.00 15 samples per day @ $30.00 per sample - $ 2,250.00 Excavation, Mixing and Re grading of Soil Stockpiles (Items #3 and #5) 736,000 sq. ft. @ 6" depth - 13,630 C.Y. @ $3.00/C.Y. - $ 40,889.00 Erosion Control (Item #4) 2800 linear feet of wire backed silt fence @ $2.00/If- $ 6,600.00 Seeding of Regraded Soil (Item #6) 736,000 sq. ft. @ $0.05/sq.ft. - $ 36,800.00 Maintenance, Irrigation and Dust Control (Item #7 and #8) 1 water truck @ $100 per day for 15 days - $ 1,500.00 Security Gates and Fencing (Item #9) 1 - 30' swing crash gate (2 sections) and chain link fencing at sides totaling approx. 50 linear feet - $ 2,350.00 Planting of Natural Buffer (Item #10) 50 Eastern Red Cedars @ $291.00 each - $ 14,550.00 Temporary Swales to Mitigate Stormwater On site (Item #11) 1 day machine time - bulldozer, bobcat or equal — $ 1,500.00 Sub-Total: $ 93.844.00 Total Bond Estimate as required by the Planning Board: $150,014.00 11ll'' °: Colin E °]iiiii�,�iu a c I t III liiillII be $175,434,00 Wftl'i liiihi l sl n of Ct:rbs & Sidewafl loiii�ig St thatBill Im coiiii,npletedl he endllll project by lllll: IIII°°°Illlerl e IIII' IIII p ii, i Street, IIII: IIII IIII : ownerl on 1,:� IIII'llll' � �1„ side � liii�l: ,, MAILING ADDRESS: L I Gt ;q:, P.O. ®x 1179 ' �� a` ,w BOARD MEMBERS Southold, NY 11971 DONALD Je WILCENSKI " Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex ` 54375 State Route 25 PIERCE RAFFERTY J ES H.RICH III r (cor. Main d. &Youngs Ave.) MARTIN H.SIDOR � " � Southold, NY x _211 `ry I Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Request for Certain Site Work: The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on April 10, 2017: WHEREAS, on November 6, 2016, the Southold Town Planning Board granted Conditional Approval of the Residential Site Plan application entitled "The Heritage at Cutchogue" prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., with numerous conditions to be met prior to the Planning Board authorizing the Chairman to endorse the site plans; and WHEREAS, on March 10, 2017, the Planning Board received a letter from John Wagner, attorney for the applicant, requesting, the Planning Board to authorize The Heritage and its contractors to commence Phase I tree relocation and removal, and clearing for such work, prior to final site plan approval; and WHEREAS, the applicant states this is significant because the Site Plan Approval Conditions prohibit tree removal during the two-month period between June 1 and July 31. The applicant believes it would be most beneficial to the neighborhood for all Phase 1 tree removal and relocation, and clearing be completed prior to June 1. Otherwise, such tree removal and relocation, and associated clearing, will need to be put off until August, the height of the summer season, when neighbors are likely to spend more time out-of-doors; and The Heritage at Cutchogue 2 April 11, 2017 WHEREAS, the Planning Board, in their letter to John Wagner, dated March 15, 2017, detailed the items required to be submitted prior to considering this request; and WHEREAS, at their April 10, 2017 work session, the Planning Board reviewed the required items, including the Construction Phasing Plan "PH-1", and documents submitted, as listed in the April 10, 2017 Planning staff report, and agreed to consider the request to complete steps one through six of Phase 1; therefore be it RESOLVED, that the Planning Board hereby agrees to alloy the work as detailed in items one through six under Phase 1 on the plan entitled "Construction Phasing Plan PH-1" prepared by Angelo V. Laino, P.E., dated August 6, 2015 and last revised April 6, 2017, under Phase 1, to be completed prior to final site plan approval with the following conditions: 1. The Town Board must accept the Bond Estimate and the Bond prior to work beginning; and 2. The preconstruction meeting and all inspections must be done according to the Construction Phasing Plan; and 3. Notice to neighbors: A certified letter to all adjacent neighbors notifying them that work will begin at the site, and including this resolution, and a copy of the items one through six of Phase 1 as described above; and 4. Limits of this permission: Permission has been granted to complete work in Phase 1 up through tree cutting, clearing, and grubbing of roots. This does not include moving or piling topsoil!, cutting or grading road beds, or any other work; and 5. No moving or removal of topsoil; and 6. No grading or pushing soil into piles; 7. The Planning Board will inspect the site prior to clearing, both to confirm the limits of clearing, and to identify any trees that might be able to be left in place outside the buffer, where feasible and in consultation with the applicant. Please note that proof of mailing the notices required in condition 3 must be submitted to the Planning Board. If you have any questions regarding the above, please contact this office. The Heritage at Cutchogue 3 April 11, 2017 Very truly yours, 3. Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector James Richter, Engineering Inspector By signing this letter, the applicant acknowledges that there are conditions that must be satisfied, John k Wagner, Esq., agent for the applicant Notice to Adjacent Property Owners The Heritage @ Cutchogue 75 Schoolhouse Road Cutchogue, NY SCTM#1000-102.-1-33.3 1. 102.-1-23.1 2. 102.4-9.2 3. 102.4-5.2 4. 102.-1-4.6 5. 102.-1-4.7 6. 102.-1-4.8 7. 102.4-4.9 8. 102.4-3.4 9. 102.4-18.1 10. 102.-1-33.4 11. 102.1-20 12. 102.-8-22 13. 102.-8-23 14. 102:8-24 15. 102:8-25 16. 102.-8-26 17. 102.-8-27 18. 102.-8-28 19. 102:8-29 20. 102.-8-30 RESOLUTION 2017-340 a� x ADOPTED DOC ID: 12947 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-340 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 11, 2017: RESOLVED that the Town Board of the Town of Southold hereby accepts the Site Plan Draft Bond Estimate in the amount of$150,014.00 for the proposed Site Plan Subdivision entitled "Heritage at Cutchogue", SCTM#1000-102-1-33.3, located at 75 Schoolhouse Road, corner of Schoolhouse Road and Griffin Street, Cutchogue, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. s Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell �,roir " .nRESOLUTION 2 17-341 ADOPTED DOC ID: 12949 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-341 WAS ADOPTED AT THE REGULARI OF THE SOUTHOLDBOARD APRIL 11, 217: RESOLVEDthat the Town Board of the Town of Southold hereby accepts Site Plan Performance Bond Savings Passbook 4100033417 issued by Bridgehampton Nation Bank in the amount of$150,014.00 for the proposed Site Plan for"Heritage at Cutchogue", SCTM 41000- 102-1-33.3, located at 75 Schoolhouse Road, corner of Schoolhouse Road and Griffing Street, Cutchogue, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. lo Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell ILINGADDRESS: 79 I fff", Pit " P.O. Box 11 �' "kG0 Southold, NY 11971 DONALD J.WILCENSKI " Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS On 54375 State Route 25 PIERCE RAFFERTY JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) Southold, NY MARTIN H.SIDOR UNTelephone: 631 765-1938 sotolto y. ov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2017 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Bond Approval: The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 10, 2017: WHEREAS, this proposed Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 °/- sq. ft, livable area), 72 "Type B" units (1,599 +/- sq, ft, livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in Cutchogue; and WHEREAS, on March 16, 2017, Henry Alia, project manager for Rimor Development LLC, submitted a Draft Bond Estimate for the Heritage at Cutchogue; and WHEREAS on March 27, 2017, the Southold Town Engineering Department revised the Draft Bond Estimate for the Heritage at Cutchogue in the amount of$150,014.00 to include certain off-site improvements; and WHEREAS, on April 10, 2017, the Planning Board reviewed the Bond Estimate at their Work Session and accepted the estimate in the amount of$150,014.00; therefore be it The Heritage at Cutchogue Page 2 April 11, 2017 RESOLVED, that the Southold Town Planning Board hereby accepts the Draft Bond Estimate for the Heritage at Cutchogue in the amount of $150,014.00; be it further RESOLVED, that the Southold Town Planning Board hereby accepts the Bond for the Heritage at Cutchogue in the amount of$150,014.00 and recommends the same to the Southold Town Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. (Nary truly your Donald J. Wilcenski Chairman Encl. cc: Elizabeth A. Neville, Town Clerk Southold Planning Department Staff Report Site Plan Application Work Session Date April 10, 2017 Prepared By: Heather Lanza I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Same as above Date of Submission: January 2, 2015 Tax Map Number: 109.-1-33.3 Project Location: 75 Schoolhouse Road Hamlet: Cutchogue Zoning District: HD - Hamlet Density II. Description of Project Type of Site Plan: Residential Site Plan for condominiums Acreage of Project Site: ±46.17 acres Number of units 124 Other structures Clubhouse, outdoor swimming pool, tennis court, gazebo This proposal is for 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). Total maximum livable floor area of residential units equals 219,076 sq.ft, a 6,188 sq. ft. clubhouse with a ±1,125 sq. ft. outdoor swimming pool, and one tennis court. III: Action 1. Review revised Phasing Plan, Bond Estimate and list of items to be completed for the Board to consider allowing clearing to begin prior to final site plan approval. 2. Review revised architectural plans and Architectural Review Committee recommendations. V: Request by Applicant to begin site work prior to final site plan approval The applicant states that it is important to begin tree removal as soon as possible and before final site plan approval because the Site Plan Approval Conditions prohibit tree removal during the two-month period between June 1 and July 31, and final site plan approval may not come in time for tree removal to occur prior to June 1. The applicant believes it would be most beneficial to the neighborhood for all Phase 1 tree removal and relocation, and clearing be completed prior to June 1. Otherwise, such tree removal and relocation, and associated clearing, will need to be put off until August, the height of the summer season, when neighbors are likely to spend more time out- of-doors 1 IV: Required items for consideration of clearing prior to final site plan At their last work session, the Board agreed to consider the request provided the following items were submitted, reviewed and accepted by the Planning Board (and as detailed in the Planning Board's March 15, 2017 letter to John Wagner). 1. Phasing Plan with revisions: (All revisions completed. See Construction Phasing Plan PH-1 last revised April 6, 2017) a. The Phasing Plan will be the plan that any approval to begin work early will rely upon and reference. b. The Phasing Plan requires the following revisions: (1) The Natural Buffer needs to be given dimensions on the plans to assist with field inspections where ever it deviates from the 50' buffer line. (2) The Natural Buffer must be identified as "Natural Buffer" on the plans and it must be stated on the plans that the Natural Buffer is not to be cleared ("area to remain natural" isn't enough). (3) Notations on Phasing Plan state "all of the area" in each phase will be cleared, and neglects to mention that the natural buffer will not be cleared. The plans must show that the Natural Buffer area will not be cleared and the narrative must identify this area as well. (4) Add a property line monument about halfway up the long property line along the east side to assist with field inspections. (5) Add the trees to be relocated to the Phasing Plan (or provide a separate sheet with the Phasing Plan together with the trees to be relocated). (6) Add the Phasing Plan Narrative to the Phasing Plan PH-1 and eliminate the Phasing Plan Narrative. Combine the notes on PH-1 with the Narrative to keep the detail and order of occurrence of activities on site. (7) Changes to the Phasing Plan Narrative are required as follows: a) Add initial pre-construction meeting and all inspections by the Office of the Town Engineer as detailed in their memo dated March 13, 2017 (attached). b) Add an inspection by the Planning Board after the area to be cleared is marked and prior to any clearing. This inspection will be to review the area 2 to be cleared and note any trees that might be able to be left in place outside the buffer (where feasible and in consultation with developer). c) Add that the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. d) Ensure that the notation in the narrative on the Phasing Plan states that clearing shall occur only in the areas identified within the limits of each phase. e) Planning Board inspections of clearing operations periodically as they are occurring and prior to Soil Management step. Also inspection of the area staked for soil stockpile. f) A step for limited clearing for the purpose of installing Erosion Control measures such as silt fencing must be added prior to installing silt fence. An inspection of the mark-out of where this clearing will occur must be done prior to it occurring. g) The Clearing and Grubbing step needs to refer to the Natural Buffer specifically and that is must not be cleared. h) State that an asphalt binder course will be installed prior to excavation of any foundations. i) Move the "buffer restoration" work (from Condition 8. a.) to earlier in the process. During "tree relocation" step, and before soil stripping, especially in areas where there is little natural buffer existing between work areas and existing residences. The conditions of approval state that the buffer must be fully planted (see "Planting conditions") before scraping of topsoil and grading can begin although planting from June 1 — October 1 is not recommended due to survivability issues, and so can be deferred to the appropriate season if necessary. j) Off-site improvements — one of the first steps in the Phasing Plan Narrative must be to install the stop signs and stop lines for the intersection of site driveway/Schoolhouse Road & Griffing Street, they will be in temporary locations until the rest of the Off-site improvements are completed at the end of Phase 1. 3 The Planning Board will request a Town Board resolution to approve the installation of these signs after a Public Hearing. The signs must be installed as soon as possible after the Town Board approval is granted. k) If the entire Construction Traffic Management and Logistics Plan is able to fit on the Phasing Plan, add it. If not, add the clause from that plan entitled Construction Activities Limitations and Periods. 1) Add the clause about holidays to the clause from the Construction Traffic Management and Logistics Plan entitled Construction Activities Limitations and Periods. The condition reads as follows: i. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. ii. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. iii. No construction activities are permitted on Sundays, year-round, and the following holidays: a. New Year's Day b. Memorial Day c. Independence Day (Fourth of July) d. Labor Day e. Thanksgiving Day f. Christmas Day m) Regarding the wildlife sweeps: i. They are specifically for box turtles and trees that show signs of bat roosting for long-eared bats. ii. Documentation must be kept of the dates, times, area covered, name and qualifications of personnel involved in wildlife sweeps and submitted to the Planning Board after completion and before clearing. iii. Later phases in the Narrative also need these details, including the times when turtle search must occur (reminder that between November 1 & March 31, no turtle search is required before clearing). n) The emergency access construction must be added to the end of Phase 1, i. Note on the phasing plan (and all future revised plans) that the emergency access may not be used as a construction entrance and is restricted to emergency access only. o) In the Phase Plan notes, the drainage systems to be installed are not all identified (or don't seem to be) for each phase. For example, part of Drainage system C is in Phase 1, however it isn't mentioned in the notes on PH-1. 2. Bond estimate: a. Submitted by applicant; DONE b. Reviewed and approved by Town Engineer; DONE (Engineer revised version to be used as the final estimate) c. Reviewed and approved by Planning Board resolutions; On 4/10 mtg agenda d. Reviewed and approved by Town Board resolution. Ready for 4/11 mtg 3. The full extent of site work allowed to proceed prior to Final Site Plan Approval will need to be identified specifically by the applicant. DONE in letter from John Wagner dated March 10, 2017 4. The Planning Board will need to consult with the Office of the Town Engineer and the Building Department on any other requirements prior to proceeding with a written approval to begin work prior to Final Site Plan Approval. See the memorandum from the Office of the Town Engineer dated, March 13, 2017 for additional information necessary to correct or submit. Because the installation of the drainage structures will be done after clearing, the additional specifics regarding drainage might not be necessary prior to receiving permission to begin clearing, however they will need to be provided prior to Final Site Plan Approval. DONE 5. The issue of whether or not a SPDES Permit is to be filed with DEC must be answered definitively before any approval to begin clearing can be issued. SPDES may supersede the ability of the Town to allow clearing prior to Final Site Plan Approval. See the Engineer's March 13, 2017 memorandum for more information. DONE —see letter from VHB dated April 3, 2017, and reviewed and acknowledged by Town Engineer. 5 6. The full set of plans and all aspects of them have not yet been completely reviewed. Only certain plans would be required to be revised, submitted and reviewed prior to allowing the start of site work, including: a. Phasing Plan and revised Phasing Plan Narrative. DONE — Construction Phasing Plan PH-1: Submitted and last revised April 6, 2017 Also submitted was a revised Tree Relocation Plan that includes the outlines of the Phases from the Construction Phasing Plan to be able to easily identify the trees to be moved in each phase. • Please note that the full set of plans and all aspects of the project have not yet been completely reviewed by the Planning Board. Additional revisions to plans other than the Phasing Plan may be required after this review is complete. Next step for early clearing request: review draft resolution. If the Board will consider allowing clearing to begin prior to final site plan approval, it is recommended that this be done via a formal resolution with conditions. A draft resolution is attached for review. V: Review Revised Architectural Plans Revised architectural plans, including elevations and floor plans of all models proposed were submitted on March 7, 9 and April 7, 2017. The Architectural Review Committee met on March 17, 2017 and had extensive comments. Please see attached ARC minutes for the full details. A summary of the comments are listed below: Entry/Gatehouse: The ARC suggests that an unattended gatehouse serves only to convey a message of exclusivity and separateness. This is antithetical to a sense of community appropriate for this central village location. ARC recommends replacing it with small gazebos that include seating, located to either side of the main entrance. Breezeway Connection between `A' Units: The drawings are unclear and conflicting in regard to the size of the breezeways and the ARC requests clarification and updated drawings from the Architect. The ARC questions 6 how any vegetation would grow under this deeply shaded area, as well as the lack of intended use and function of the space. The ARC recommends several alternatives: • Close the gap between the A/A-1 residences and thereby enlarging the side yards. (similar to duplex floor plans for Model C, dwg. A-6) • Create access door to the space directly from each unit, and/or enclose them to make useable space. • Close off the front with a low wall and add plantings to obstruct the view. It is recommended that the area between the garages have access from the rear only, and have side doors from each unit. Scale and Diversity of Housing Types: The Planning Board Conditions of Approval — Conditions 24.c, (page 12) has not been addressed. The excessive roof massing and the lack of housing diversity are major concerns. Roof mass/height is particularly excessive on the main roof connecting B & B-1 units. These large roofs enclose vast uninhabitable attic space. Essentially, there are only 2 house configurations for 124 units and even these are segregated to separate roads. Designs are not informed by local/vernacular architectural history/regional design standards. Design appears to be a 'formula' suitable for any community nation-wide. The ARC encourages review of our guidelines and suggests more appropriate designs based upon the resource list ARC makes available. Chimneys and Caps: Gas fireplace chimneys are shown on "B" model elevations, but not on "A" model elevations. This needs clarification. Chimneys are better located along a roof ridge, rather than at an eave. The eave chimneys on Model B/B-1 elevations, dwg B-1, are too large in scale and yet shorter than they would be at a roof ridge, and therefore more prone to downdrafts as well. ARC recommends that gas fireplaces at eaves can have a side vent instead of a chimney. Chimney caps are oversized and not compatible with house design. 7 Sidewalk around Greenspace/Drainage Basin: The ARC recommends moving concrete sidewalks that border the 2 greenspace/ drainage areas to the residence side of the street, where they would be integrated with driveways similar to other areas on the site plan, so active pedestrian traffic will not have to cross the street. This location will reduce the total amount of impermeable pavement since sidewalks will overlap driveways. The present sidewalk location (around the two drainage areas/greens) should be replaced with mulch paths, which are better for passive uses such as dog walking and jogging. Housing Resilience: The ARC notes that the comments regarding housing resilience in the 1/21/17 minutes are still of concern and have not been adequately addressed. These include noting that home-buyers are increasingly interested in low heating bills, and well-insulated LEED-type construction and a house that will stay warm (or cool) even if there is a power failure. VI. Next steps toward final site plan approval Complete review of entire site plan with the conditions of Conditional Site Plan approval, and review comments from Cutchogue Fire Department. 8 m Michaelis, Jessica " From: Lanza, Heather .. ` Sent: Wednesday, April 05, 2017 3:39 PM To: Michaelis, Jessica Subject: FW: SWPPP Justification Letter . . usari Vu w° Attachments: 20170403_SWPPP Justification Letter.pdf PhanFaO Board From: Laino, Angelo [mailto:ALaino@VHB.com] Sent: Monday,April 03, 2017 9:48 AM To: Lanza, Heather<heather.lanzaPtown.southold.ny.us> Cc:Jeffrey H Rimland <irl imland@northop.com>; 'Henry Alia'<teamalia65@gmail.com> Subject:SWPPP Justification Letter Good Morning Heather, Attached is the letter from our office presenting justification that coverage under the NYS DEC General Stormwater Permit is not required for this project. I am sending the original in the mail. Please let me know if you or Engineering has any questions. Angelo V. Laino, P.E. Senior Project Engineer vlib Same people.Same passion. Fresh look. ,I?t . Engineers I Scientists I Planners I Designers www.vhb.com 1:w a My�40 wr. ,r.d(fir S W Mi<dV� 10?M r ��.�.,:a'=t,i'¢;1ir,,,.m,and r r[niris.dia. a,rRv, ,'L (t(MIOW `dqi �Ar V,,,'Eric „s¢ 1 � II ri �A April 3, 2017Vhb,,0 q�B Gt��li1Ny�ll�a��uuu� . Ref: 29305,00 Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Re: The Heritage at Cutchogue Tax Map No. 109-1-33.3 SPDES/SWPPP Requirement Justification Dear Ms. Lanza: This letter was prepared in order to address the issue of whether or not the subject project is required to obtain coverage under the SPDES General Permit GP-0-15-002 for stormwater discharge from a construction site. Based on the New York State Department of Environmental Conservation (NYS DEC) Interactive Stormwater Map located on their website,the subject property is located within the Town of Southold's regulated Municipal Separate Storm Sewer System (MS4)jurisdiction. Based on this mapping, as well as comments we received from the Town during the SEQRA process, our office proceeded under the assumption that this project was subject to the requirements of Chapter 236 of the Town Code, and a Stormwater Pollution Prevent Plan (SWPPP)was required, regardless of whether the site discharged to the MS4 regulated system or impacted surface waters. As such,VHB prepared and submitted a SWPPP for review by the Town's Engineering Department. During recent conversations between our office and Mr. Michael Collins, P.E., he indicated that the site is not located within the MS4 Jurisdiction area. Additionally, in the Town's Engineering Review Memorandum last revised on March 13, 2017, Comment 1 under the Phasing Plan Narrative section confirms that this site does not discharge to the Town's regulated MS4. We agree that this project does not discharge to any part of the Municipal Storm Sewer, nor will it discharge directly to surface waters. Presently,the site stormwater runoff that does not remain on site in natural depressions discharges to neighboring properties along the north and west boundaries, as well as to an existing Town recharge basin located at the south end of the property adjacent to the entrance to the proposed development. In accordance with the project's phasing plan, as the site is developed, drainage infrastructure, i.e. drywells and drainage reserve areas, will be constructed and the site will be graded prior to impervious surfaces 100 Motor Parkway Suite 135 Engineers I Scientists I Planners 1 Designers Houppauge,Now York 11788 P 631.787.3400 \\NYLIDATA\projects\2930500 Hmilage F 631.813,2545 Cu lc lrn3ue\f�sRerords\FinrIDuc:\20170331 SWPPF M,IificMi-Ldwd— Heather Lanza,AICP Town Planning Director Southold Town Planning Ref: 29305.00 �gS, 'V April 3, 2017 4 Sy r Page 2 Vhb, being added to direct, capture and recharge additional runoff for that phase of work. Additionally, we have performed an engineering analysis using HydroCAD software which is included in the previously submitted SWPPP which demonstrates that the proposed drainage system will store and recharge the increase in runoff for the 100-year rain event for post-development conditions,which satisfies the NYS DEC requirement for Water Quality and Quantity Standards, outlined in their regulations. In addition to the above,we note that the site is located approximately 3,000 feet from the nearest surface water, with significant development between the two., Considering the distance to the surface water and the confirmation of the Town's Engineer that the project does not discharge to the Town's MS4, it is our professional opinion that this project does not require coverage under the NYS DEC SPDES General Permit(GP-0-15-002)for discharge from construction activities. The applicant does understand that they will be responsible for complying with the NYS DEC regulations for sediment and erosion control during construction and the project shall conform to the approved Erosion and Sediment Control Plan located in the approved site plans.In addition, the approved project includes extensive post-development storm water management facilities that will be constructed and maintained on the site. Please contact our office if you have any questions or require additional information. Sincerely, VHB Engineering, Surveying and Landscape Architecture, P.C. { Kevin P.Walsh, P.E. Managing Director, LI KPW/ba �0 syi,o 111, �I .h�,Nnur,� 01 aq u o,iI,: .ilk,nr 11Fu ovVi A."1I1(1 1 V,h,VV b.r Io6,w0 I, I I lk r drrs:x SCOTT A. RUSSELL ,„r ri '' �� q '� JAMES A. RICHTER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. P � TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765 1560 Fax (631) 765—9015 kIu.I II w II , ) , � l I III rI �. �,�l� ➢a1r III IIGa me OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 11��11rlal"6„ rl Ran*q Board Heritage at Cutchogue Bond Estimate - 3/16/2017 Prepared by Henry Alia, Project Manager, Rimor Development LLC *ALL ITEMS INCLUDE LABOR/MATERIAL Revised by the Town of Southold Engineering Department — 3/27/2017 Off Site Work Item #1 Drainage - 1 - catch basin - $ 3,500.00 85 linear feet of 18" RCP @ $30.00/If- $ 2,550.00 1 - 10' x 10' x 6' drainage structure - $ 3,000.00 Concrete Curbs — "Type A" - 3,000PSI 445 linear ft. @ $16.00/lf- $ 7,120.00 N o: 520Illl liii:n iii $16.001t f'' 8,320 liiis WMoing rliii°Miir iu I ll�i Sidewalk - 3,000PSI 75 linear feet x 5' width - 375 sq ft @ $6.00/sq ft - $ 2,250.00 $17,1111100.00 liiis WIong GIM�ig St I o IIII oiiiiiisti, hie end of Project) Asphalt Paving - 7,500 sq. ft. @ $5.00/sq. ft. - $ 37,500.00 Pavement Marking - 3 Stop bars - $ 250.00 Sub-Total: $ 56,170.00 III �iiii° t ,4 uu ° llll IIII Vii iiii liii IIII°°: liii n iiii�lllh S iiu IIII IIII IIII oiiI IIII .. .. r[ffing be : IIII IIII i° U iiiim IIIP : owner mi soothe iii,iiilel Page 1 of 2 Heritage at Cutchogue Revised Bond Estimate Page 2 of 2 Remaining Work items Testing of Stockpiled Soil (Item #2) 5 days of testing @ $300.00 per day - $ 1,500.00 15 samples per day @ $30.00 per sample - $ 2,250.00 Excavation, Mixing and Re grading of Soil Stockpiles (Items #3 and #5) 736,000 sq. ft. @ 6" depth - 13,630 C.Y. @ $3.00/C.Y. - $ 40,889.00 Erosion Control (Item #4) 2800 linear feet of wire backed silt fence @ $2.00/If- $ 5,600.00 Seeding of Regraded Soil (Item #6) 736,000 sq. ft. @ $0.05/sq.ft. - $ 36,800.00 Maintenance, Irrigation and Dust Control (Item #7 and #8) 1 water truck @ $100 per day for 15 days - $ 1,500.00 Security Gates and Fencing (Item #9) 1 - 30' swing crash gate (2 sections) and chain link fencing at sides totaling approx. 50 linear feet - $ 2,350.00 Planting of Natural Buffer (Item #10) 50 Eastern Red Cedars @ $291.00 each - $ 14,550.00 Temporary Swales to Mitigate Stormwater On site (Item #11) 1 day machine time - bulldozer, bobcat or equal — $ 1,500.00 Sub-Total: $ 93.844.00 Total Bond Estimate as required by the Planning Board: $150,014.00 I l lil lc°° Illllllliiiiiiir $176,434.00 wftliiiiiiiiIIIIiiuof Cuiii,bsliii 4 : ,„ w iii li[ffing St. h hill be m;)l tod at flI°ie &iid °lli project Ifi 1°°Ie0itage D ell iiii�. iiii, the litrop&1y own&r IIII c l :i fim � li tr l °l"liiiiiii� l IIII' : Lanza, Heather From: Richter, Jamie Sent: Tuesday, April 04, 2017 10:55 AM To: Lanza, Heather Subject: FW: SWPPP Justification Letter Attachments: 20170403SWPPP Justification Letter.pdf Heather We have reviewed the letter from VHB indicating that this project does not fall within the requirements of a SPIDES construction activity permit from DEC. Therefore, this project will only be required to proceed under the requirements of Town Code, Chapter 236, for Stormwater Management. If you have any additional questions regarding this matter, please call my office. Thank you. Jamie James A. Mchter James A. Richter, R.A. Stormwater Manager Office of the Engineer Town of Southold, New York Stormwater Management Control Plan Website: http://www.southoldtonM.vov/index.aspx?nid=195 Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Lanza, Heather Sent: Monday, April 03, 2017 9:51 AM To: Richter, Jamie; Collins, Michael Cc: Cummings, Brian A.; Terry, Mark Subject: FW: SWPPP Justification Letter Does this letter satisfy the question of to SWPPP or not to SWPPP? From: Laino,Angelo [mailto:ALainoPVHB.com] Sent: Monday,April 03, 2017 9:48 AM To: Lanza, Heather<heather.lanzaPtown.southold.nv.us> ( aanlla4 PUeH) puelua'd... .("e _. ..�.. •3•d 'oulel ola uy :A8 ...�..�........._. ................... ................ :o;Ado:) •s1u@wna0d alu0JPD13 Aue p asnai ao asnslw'uol;ejajle ay;jo;no 6ulsue'saa;s,Rauao;je 6ulpnlaul's;soa ao'sa6ewep'sassol'swlela Aue ao;ssalwae4 BHA Plog pue'iC}luwapul'pua}ap of pue'sjuawmoa alua;a913 aqj jo asnai jo asnslw'uoljeuialle pozuoglneun a43 woa}Aeon Aue ul 6ul>,lnsai BHA jsule6e swlela Ile pue Aue anlem o;saaj6e;ua11D 041'R16u1pJ0aay 'BHA of uopesuadwoa algellns inogllnn pue BHA Jo juasuoa ualipm ssaadxa ay; ;nogj!m'pajean Diann Aagj 4al4nn ao;1egj uegj ja4jo pefoid Aue joj'lied ul ao alognn ul'pasn aq jou llegs pue'Dauwas leuolssa;oid}o s3uawnilsul aae s;uawnaoa alua;jal3 041 •sivawmoa alua3aa13 aq}}o A3111gejlns jo ssaullj a4l 6ulpie6ai'palldwl m ssojdxa ja4;la'sal;ueaaenn ou say ew BHA •ianpoid pua ue se jou pue Aluo sasodind leuollewjo;ul ao;;uallD Dq;01 papinoid we sjuawnao4 aluoa3aa13 9LIVAlbulpioaay volleaalle uewn4 JO'JaJa Wennl}os'uol;epej6ap elpaw'uolsaanuoa'uolsslwsuejl'sasnea a0410 6uowe'ol anp'leuol;uajulun Jo leuollua;ul a041la'uolleia;le algeiaaiapun of pafgns aae(„s;uawnaod aluoapa13„1j94ja6oj)sluawnao4 QoyD'o;;lwll jou inq'6ulpnIDu!'elpaw alualaala se pa;llwsuejj ao uo papioaai uollewao}ul J0410 Jo'sluawnaop'sliodej'suoljeDghods'sueld'elep;e4l sazlu6oa9J lualo a41 'AllealuoaPala paJo;s IuapD 04101 slelaD;ew apinoid o;saDa6e BHA �w ......._ ... _ . :s)Ibdw3a BHA o;LIM uo s;ulid pauanjab ❑ anp spiq ao j ❑ JuauawOD pue nnainaa,lo j sjuiad palnaaaoD uan;ad suoipaaaoD aol uanlad pa;sanbai sy uoi;ngialsip ao;saidOD IiwgnS pa;ou se panoaddy asn anon(aoj Jenoidde ao;saidOD Iiwgnsad pal;iwgns se panoaddy ❑ Jenoidde aoj :nnolaq p9)1394�se pa;;!wsuea;we asayl ................................... ..._................................................................... mw �_.. .... ... .. ................... ue1d 6ulse4d paslna�{ T LT-LZ-£ S uoi; i.a3saa 'ON .— saw o 0.J@A1ja(] PtAeH a410 PO64D �� aa}ial}o Ado suol�e�l�laadS sana ❑ sueld M slulad i, c p doyS E"] :suaa}l bulnn01101 ay} IIeIN Aeln6ad eln aanoa aje.ledaS iapu� payae}jy ® :nog(6uipuas we aM TL6TT AN 'ploq;noS L12H, SZ a}noel N SLE-VS ;uawj,ieda4 6uluueld unnol ploy;noS ueld bulseyd PaslnaNd ezueW aa41e9H sW :ol anbopjnD @ a6e1laaH „011 00•SOE6Z aN LTOZ''LZ/ :);e, 8HA w ......LL.......... _.w...... *qLj �� IV1.1IYYSN"i Submission Without a Cover Letter �ll,A Rio Al1°;� 2 N'i '] Sender: Subject: , , SCTM#: 1000 - 102- 33.$ Date: Comments: a� Elizabeth Thompson, Chairperson Town Hall Annex p Reynolds duPont,Jr. 54375 Route 25 Ronald McGreevy ' PO Box 1179 Nicholas Planamento Southold,NY 11971 Stephen Geraci Patricia Butler � Telephone: (631)765 - 1892 Fax(631)765-6641 James Garretson southoldtown.northfork.net Town of Southold P G 114 Lt Architectural Review Committee �r Minutes F 4:00p.m.,March 172017 n� Town Hall Annex Executive Board Room Mernbers Preseiit: Elizabeth Thompson,Chairperson;Ronald McGreevy; Nicholas Planamento;James Garretso Stephen Geraci;Patricia Butler;Brian Cummings,Town Planner; and Elizabeth Cantrell, Secretary The minutes for the January 5,2017 meetings were approved. Introduction: All applicants will give a presentation consisting of drawings, exterior materials samples and other information required by the Planning Department to the Committee. The Committee will ask questions and make suggestions as part of a general discussion with each applicant.Final recommendations from the ARC will be presented to the Planning Board in the ARC Meeting Minutes,and be made part of the Planning file for that application. The Planning Board will consider these recommendations,together with all comments from other agencies,and provide the applicant with a comprehensive written list of its requested revisions. New Site Plan Applications: • POLAK AGRICULTURAL STORAGE BLDG. SCTM# 1000-55-6-34 .No repr e sentaLive for the appttcatit was present at the meeting. Brian Cummings,Town Planrier presented the Site Platt for a proposed 60'x40' (2,400sq.ft.) agricultural storage barn on 2.28 acres in Che R 80 Zoning District,Southold. The Committee reviewed the application and is approving it pending a request for color samples for bldg. exterior walls and roof. Motion made and seconded. All Ayes. • SANNINO WINERY &TASTING ROOM SCTM# 1000-101-1-14.4 &14.6 Anthony &Lisa Sannino presented their application to the Committee for the proposed construction of a 2,800 sq. ft.winery (wine production,retail area,wine education room, basement) and forty (40) parking stalls on two adjacent parcels (to be merged pursuant to ZBA File 6882) totaling 8.94 acres in the A-C Zoning District,Mattituck. -.. m ..... .._.�._� .. wy _ The Committee reviewed the application and is approving it as submitted today. Motion made and seconded. All Ayes. • THE HERITAGE AT CUTCHOGUE SCTM#1000-102-1-33.3 Glen R. Cherveny, AIA of GRCH Architecture, PC and Henry Alia,Project Manager from Rimor Develpment presented the proposed site plan. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types:48 "Type A" units (1,999+/-sq.ft. livable area),72"Type B" units (1,599+/-sq.ft.livable area), and 4"Type C" units (1,999+/-sq.ft.livable area). In addition,there are proposed the following: a 6,188sq.ft. community center with a+/-1,125sq.ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center,and various other associated site improvements,on a vacant 46.17 acre parcel in the Hamlet Density(HD) Zoning District located on the northwest corner of Griffing Street and Schoolhouse Road, approximately 1,079 feet north of the Main Road in Cutchogue. The Committee reviewed the proposed project and is tabling the application as incomplete at this time. The Committee has the following comments: Housing Resilience: The ARC notes that the comments regarding housing resilience in the 1/21/17 minutes are still of concern and have not been adequately addressed. Entry/Gatehouse: The ARC suggests that an unattended gatehouse serves only to convey a message of exclusivity and separateness.This is antithetical to a sense of community appropriate for this central village location. ARC recommends replacing it with small gazebos that include seating,located to either side of the main entrance. Sidewalk around Greenspace/Drainage Basin: The ARC recommends moving concrete sidewalks that border the 2 greenspace/drainage areas to the residence side of the street,where they would be integrated with driveways similar to other areas on the site plan,so active pedestrian traffic will not have to cross the street.This location will reduce the total amount of impermeable pavement since sidewalks will overlap driveways. The present sidewalk location should be replaced with mulch paths,which are better for passive uses such as dog walking and jogging. Bike Racks &Dumpster Location: Planning Board Conditions of Approval items 12.h&i,page 20. The ARC does not see these items addressed on the site plan. Breezeway Connection between A Units: The drawings are unclear and conflicting in regard to the size of the breezeways and the ARC requests clarification and updated drawings from the Architect. The ARC questions how any vegetation would grow under this deeply shaded area, as well as the lack of intended use and function of the space. ...,--------.. ...... w.. 2 - The ARC recommends several alternatives: close the gap between the A/A-1 residences and thereby enlarging the side yards. (similar to duplex floor plans for Model C, dwg. A-6) create access door to the space directly from each unit,and/or enclose them to make useable space. close off the front with a low wall and add plantings to obstruct the view. It is recommended that the area between the garages have access from the rear only,and have side doors from each unit. Scale and Diversity of Housing Types: The ARC emphasizes the excessive roof massing and the lack of housing diversity.These are major concerns. Roof mass/height is particularly excessive on the main roof connecting B&B-1 units. These large roofs enclose vast uninhabitable attic space. Essentially,there are only 2 house configurations for 124 units and even these are segregated to separate roads.The ARC is concerned that this project is a massive snake rapping around the landscape. Planning Board Conditions of Approval-24.c, (page 12)has not been addressed. Designs are not informed by local/vernacular architectural history/regional design standards. Design appears to be a 'formula' suitable for any community nation-wide.The ARC encourages review of our guidelines and suggests more appropriate designs based upon the resource list ARC makes available. Chimneys and Caps: Gas fireplace chimneys are shown on"B" model elevations,but not on"A" model elevations. This needs clarification. Chimneys are better located along a roof ridge,rather than at an eave. The eave chimneys on Model B/B-1 elevations, dwg B-1,are too large in scale and yet shorter than they would be at a roof ridge, and therefore more prone to downdrafts as well. ARC recommends that gas fireplaces at eaves can have a side vent instead of a chimney. Chimney caps are oversized and not compatible with house design. Eli, lieth Cantrell,A.R.C.Secretary --. .... _... 3 100 MOTOR PARKWAY,SUITE 156 HAUPPAUGE,NY 11788 PHONE:631.979.3000 FAx:631.979.7070 'HL 1 M T, b/ www.certilmanbalin.com JOHN M.WAGNER ,.L.'....,.� : PARTNER jwa$nei-Peertilnianbalin.com :, pl anni o flri rid row.. March 23, 2017 BY E-MAIL AND FEDEX DELIVERY Planning Board of the Town of Southold Town Hall Annex (Capital One Bank Building) 54375 State Route 25 P.O. Box 1179 Southold, NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Road, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC (hereinafter "Heritage"), the applicant for the above-referenced site plan application. Heritage appreciates the Planning Board's understanding that it has incurred significant economic hardship due to many delays it has experienced during the SEQRA review and site plan approval process. In its March 15, 2017 letter to me regarding Heritage's request, pursuant to Section 280- 130(B) of the Town Code, that the Planning Board authorize Heritage and its contractors to commence Phase I tree relocation and removal, and clearing for such work, prior to final site plan approval, the Planning Board indicates that it "will need to consult with the Office of the Town Engineer and the Building Department on any other requirements prior to proceeding with a written approval to begin work prior to Final Site Plan Approval," "[t]he full set of plans and all aspects of the project have not yet been completely reviewed by the Planning Board," and "[a]dditional revisions to plans other than the Phasing Plan may be required after this review is complete." In order for Heritage to have sufficient time to accomplish required tree relocation and removal, and associated clearing, prior to the June 1 cut-off date for such activity under the conditions of site plan approval, I respectfully submit that the Planning Board needs to G.XR TILMA.N:BA1.,1N Ai<LER&i iYMAN, LLP NASSAU OFFICE:EAST MEADow,NY 11554 6101014.1 Planning Board of the Town of Southold March 23, 217 Page 2 of complete the remaining consultations, plan reviews, and determinations of other requirements and plan revisions, as set forth above, on or before A ril 10, 17, and immediately notify Heritage of same. Thank you for your consideration. Heritage reserves all rights. Very truly yours, ,il 11ti M. Wagner cc (by e-mail): William M. Duffy, Town Attorney Frank A. Isler, Esq. 6101014.1 F�, Es.... March 13, 2017 ��aC��IC�iGu�f,',� YC9tlPB Ref: 29305.00 Flay itiki Boaid vhb Honorable Donald J Wilcenski, Chair Town of Southold Planning Board 54375 Main Road Southold, NY 11971 Re: Parking on Proposed Private Roads The Heritage at Cutchogue Cutchogue, Town of Southold, NY Dear Mr. Chairman: We are in receipt of the March 6, 2017 letter from the Planning Board to John Wagner Esq, council to the applicant, on the above referenced application.That letter contains a number of comments on the February 27, 2017 submission for the project. This response provides additional information regarding Item #2 of your letter, specifically the matter of allowing parking on the private roadways within the proposed site and the potential effects of that parking on traffic flow within the site. In regard to this issue, changes to the site plan are now proposed to ensure compliance with the Fire Code of New York State. This code requires that all access roadways maintain a clear width of 20 feet for emergency vehicles access. As the proposed roadways within The Heritage would be 24 feet in width,the presence of a parked vehicle on one side of the roadway would reduce the clear width of the roadway below 20 feet. It is noted that each residential unit will have a two-car garage and two-car driveway which will be sufficient for visitors in most instances. However, in order to accommodate an additional level of visitor parking along the roadways,the site plan will be modified to provide 3 feet of additional width in some areas for the establishment of 7-foot wide designated roadside parking. These widened areas will be established in areas where the curb is continuous for a significant length and located throughout the development on either side of the roadway. In this manner, a parked vehicle will not compromise the requirement that 20 feet of width be maintained at all times. Given the very low traffic levels expected on these private roads, the minimum available 20-foot width in these areas will not adversely affect traffic flow. The design of the proposed roadways, along with the traffic environment within the community indicate that a problem will not be created. The proposed widened areas where parking can occur will not be located on both sides of the same section of road. The 20-foot width would in fact produce a traffic calming effect where a parked vehicle is present. Signing will be added to the plan that makes clear that parking is permitted in only in these designated areas, with the areas being signed accordingly. In addition, as requested, overnight parking will be prohibited, with signs provided at the entry to the site indicating as such. 100 Motor Parkway Suite 135 II nglliiiruwers I Sa.leintliists I PIIIaninevs I III':ta!sliitlarrers Hauppauge,New York 11788 P 631.787.3400 F 631.813.2545 Ref: 29305.00 March 13, 2017 a Honorable Donald J Wilcenski, Chair Town of Southold Planning Board vhb I trust that the above satisfies the comment contained in the letter. If you have any questions or require any additional information, please feel free to contact me. Very Truly yours, VHB Engineering, Surveying and Landscape Architects, P.C. ✓ rW i� f Patrick L. Lenihan, P.E. Director of Transportation PLL/ba \\vhb\prcj\Longls1and\29305.00 Heritage Cutchogue\ProjRecords\FinalDocs\March 13 2017 Parking Response Letter.docx 30OLK, cot ® w 1''0'ofi 4060 Sunrise Highway, Oakdale, New York 11769-0901 March 10, 2017 Angelo V. Laino, PE VHB Engineering &Surveying 100 Motor Pkwy, Suite 135 Hauppauge NY 11788 Re: Water Availability—Heritage at Cutchogue School House Ln, Cutchogue SCTM# 1000-102-1-33.3 SCWA#4534078 - 2"d Revision Dear Mr. Laino, We have received your request for information regarding availability of public water service to the above captioned property. The nearest water main is located on School House Lane east of the property. In order to serve your client's property, a water main extension of approximately 302 feet would be required on School House Lane and 317 feet on Bridle Lane. The water main could be installed under the terms of a SCWA Construction Contract at an approximate cost of$82,926.49, which is in addition to tap fees and Key Money. have Please contact the undersigned if you wish to proceed with the project or if you ha any questions at (631) 563-5672 or by email at iisa.cetta@scwa.com. Sincere-Y Lisa Cetta Manager LC:lap NoMain Revised 2015 COUNTY OF SUFFOLK t STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L. TOMARKEN, MD, MPH, MBA, MSW Commissioner March 9, 2017 Heritage @ Cutchogue , 1721-D North Ocean Ave, Medford, NY 11763 Subject: Variance Hearing C 10-06-0013 —Heritage @ Cutchogue,-,N/w/c School House Lane and Griffing St., Cutchogue— t/o Southold— SCTM #: 1000-102-1-33.3 Dear Sir/Madam: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for March 16, 2017 at 11:30 a.m, in the Suffolk County Department of Health Services' Conference Room, 360 Yaphank Avenue- Suite 2C, Yaphank, NY 11980. You and interested parties are requested to appear, with or without counsel. On that occasion, you may produce any information or evidence you wish to be considered concerning the above-referenced property. Should you have any questions, please call (631) 852.5800,. Very truly yours, f Christopher Lubicich, P.E. Chair, Board of Review CL/bh C. VHB Engineering Nocro, LTD Southold Planning Dept. Lauretta Fischer—Planning Department Andrew Freleng—Planning Department John Sohngen, P.E.—Reviewer 10 Public Health ,,,., x,,,,,,,,,,,,,,N MAILING ADDRESS: PLANNING BOARD MEBERS tJ P.O. Box 1179 M Southold, NY 11971 DONALD J.WILCENSKI " Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS 54375 State Route 25 PIERCE RAFFERTY JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �. ' "' ,"� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 17, 2017 Mr. Matthew Martin, Cutchogue Fire District 260 New Suffolk Road Cutchogue, NY 11935 Re: Request for Review: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Martin: The Site Plan Application described below is being referred to the Cutchogue Fire District for written comments on matters of interest to the fire department„ including, emergency equipment access, emergency services, and any issue that may be of concern or relevance to this application. Please provide a response at your earliest convenience regarding the following: 1. Review the emergency access proposed off of Bridle Lane to determine if it is adequate for access in the event that a second emergency access point is needed; 2. Provide the timing (during which phase) for the installation of the proposed emergency access; 3. Review the adequacy of: a. Emergency access location and weight bearing capacity; b. Do Not Enter sign; c. Authorized Vehicles Only sign; d. Emergency Access Gate detail; e. Fire hydrant locations; This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 45 "Type A" units (1,999 .r/- sq. ft. livable area), 72 ""Type B" units (1,599 +/- sq, ft. livable area) and 4 "Type "C" units (1,999 /- sq, ft. livable area). In addition, there are proposed the following: a 6,163 sq, ft, community center with a1,125 sq. ft. outdoor swimming pool, one tennis court, 264 parking spaces of which 256 are associated with the individual dwelling units and 26 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (FID) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. wwwv sollthoidto rr ov: WeblinklLasetfiche (icon second from right on home page): Planning, Applications, Site Plans, Fending, SCTM#1000-102.-1-33.3 Please contact me at (631)765-1938 if you have any questions. Sincere ly, Brian Cumm ings,s Plane 100 MOTOR PARKWAY,SUITE 156 (j NAI Q) -- HAUPPAUGE,NY 11788 �. PHONE:631.979.3000 PAX:631.979.7070 www.certilmanbalin.com wl u JOHN M.WAGNER PARTNER v��, jwagner(&cerdlmanbalin com b 0iAA,io1d rail vI]I March 17, 2017 NOrI'1C1+. F coNt)rrIONA1., AC(JK1`FAN CE BY FEDEX DELIVERY Planning Board of the Town of Southold Town Hall Annex (Capital One Bank Building) 54375 State Route 25 P.O. Box 1179 Southold,NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Road, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC (hereinafter "Heritage"), the applicant for the above-referenced site plan application. Please be advised that Heritage, pursuant to Paragraph 20 of the "Stipulation of Settlement" "so ordered" on September 25, 2014 in the New York State Supreme Court action entitled Ljs l qG I I. (Suffolk County Index No. 09-19101), and also pursuant to the "Stipulation Extending Time Periods and Tolling Statute of Limitations," among NOCRO, Ltd., Heritage, the Town of Southold Planning Board, the Town Board of the Town of Southold, and the Town of Southold, dated December 6, 7, and 9, 2016, accepts the conditions of the Planning Board's November 9, 2016 Conditional Approval of The Heritage at Cutchogue Residential Site Plan, provided that such conditions are amended to read as set forth in "Exhibit A" annexed to this letter. Should such conditions not be amended as set forth in "Exhibit A," or as mutually agreeable to the parties, on or before April 15, 2017, then this notice of acceptance shall be null and void. CE R°YILMAN BALIN A:If..DLE R fir.HYMAN,.ILP 5517079.1 NASSAU OFFICE:EAST MEADow,NY 11554 C1'.1 ]"11 AN[W-1 1 Planning Board of the Town of Southold March 17, 2017 Page 2 of 2 This 'Notice of Conditional Acceptance" supersedes Heritage's prior"Notice of Conditional Acceptance" dated January 26, 2017. Heritage reserves all rights. Very truly yours, John M. Wagner cc (by e-mail): William M. Duffy, Town Attorney Frank A. Isler, Esq. 5517079.1 EXHIBIT "A" Southold Town Planning Board Conditions of Approval The Heritage at Cutchogue Residential Site Plan Application February _, 2017 1. The proposed action shall comply with all sections of Town Code Chapter§280-137 Standards for Residential Site Plans unless otherwise described in the Stipulation of Settlement. 2. Innovative and Alternative Design for Wastewater Treatment - The use of alternative innovative wastewater treatment systems is required for all wastewater disposal. The project must use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-site Wastewater Treatment Systems (I/A OWTS) Program (aka Article 19). This program provides for new residential septic systems that will treat wastewater so that nitrogen in the effluent is 19 mg/L or less. The specific system(s) to be used will be one or more of the systems that receive approval by the SCDHS under their 'I/A OWTS' Program referenced above. As technology advances, different systems under this program may be chosen for later phases of the project, subject to SCDHS review and approval, and subject to meeting the specifications above. The developer is responsible for the continued successful operation of the I/A OWTS, as recommended and required by the SCDHS, until such time as the condominium owners association takes over the management of the property. An annual monitoring report must be provided to the Planning Board to check whether the level of nitrogen in the effluent remains at or below 19 mg/L, to monitor that mitigation is occurring as stated in the SEQRA Findings. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. 3. Provide payments to the Town for the Park and Playground and Affordable Housing Buyout fees to total $2,000,000 as required under paragraph 25 of the Stipulation of Settlement. 4. Project Phasing - The site will be constructed in four phases according to the Construction Phasing Plan, as approved by the Planning Board. 5. The clubhouse, pool, tennis court and associated site work must be completed and a certificate of occupancy for those amenities issued prior to certificates of occupancy being issued for any residential units. 6. Prior to the certificates of occupancy being issued for residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 7. Prior to beginning Phases 2, 3 or 4, certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase. 8. Natural Buffer A minimum 50 foot natural, vegetated buffer shall be maintained around the perimeter of the property (see site plan for location and depth of the buffer, which is greater than 50 feet in some places). The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer will be identified on the site plan as "Natural Buffer." a. Where the buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. Existing trees that cannot be maintained in their current location and were identified as suitable for transplantation to the Natural Buffer during the December 22, 2016 site inspection, as listed on the schedule attached to the approved Landscaping Plan, must be moved to the Natural Buffer to the extent that the tree species and size will allow any particular tree to be moved (see Clearing section below for more details on moving existing trees). b. No clearing, grading or mowing may occur within the Natural Buffer area. c. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. 2 d. A perimeter fence is permitted, with prior review and approval from the Planning Board required. 9. All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that require all development to contain storm water runoff on site, and the Storm Water Pollution Prevention Plan (SWPPP) for this project. 10.Clearing a. Limits of clearing will be established for each phase of development according to the Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. b. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. c. The land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. d. Existing native evergreens and shrubs that were marked during the December 22, 2016 site inspection and listed on the schedule attached to the approved Landscaping Plan will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site. e. Existing trees outside of the Natural Buffer with high wildlife value, such as oak species with greater than seven inches diameter at breast height (dbh), will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. f. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place (see subparagraph "e" above) shall be flagged and protected during construction. g. No tree removal June 1 through July 31 (see Northern long-eared bat section below) h. Northern long-eared bat (Myotis septentrionalis) To minimize loss of northern long-eared bats, the following actions shall be taken: i. Trees around the perimeter shall be preserved within the Natural Buffer shown on the site plan. 3 ii. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. iii. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. iv. Tree removal will be avoided during the pup season from June 1 through July 31. i. April 15 through October 15: Prior to beginning clearing, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11-0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: i. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. ii. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort iii. Timing of survey (a) The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. (b) Surveys must be conducted at the time day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. iv. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. v. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. vi. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. vii. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. viii. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). 4 ix. The barrier should be installed immediately prior to the required survey. x. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. A. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. xii. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st)— Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. xiii. Outside the Turtle Active Season (November 1 st through March 31 st) If the barrier has been left in place over the winter months and construction is on-going, a biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. xiv. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. xv. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 11.Irrigation system a. The boundary between the permanent irrigation area and the Natural Habitat Maintenance Area must be marked and inspected by the Planning Board or their designee prior to installation. b. The overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season, May through October. c. The use of drip irrigation systems is required for irrigation of plantings other than lawn areas. d. The use of soil moisture sensors is required to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary. e. Irrigation must be conducted so that it occurs in phases on alternating days, and the entire area is not irrigated at the same time. f. Irrigation Well(s) 5 i. Separate wells must be used as the source for all irrigation to reduce the use of water from the Suffolk County Water Authority's system. ii. A sufficient number of wells must be provided to spread out the impact and avoid a cone of depression that lowers the water table, or upconing that results in salt water intrusion that could affect the wells of neighbors. The location of these wells shall be shown on a Plan. iii. The irrigation well(s) must be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority. The location of the well(s) must be shown on the final site plan. iv. The wells must include a meter to monitor the use of water for irrigation. A report of the number of gallons of water used each month for irrigation must be sent annually to the Planning Board. v. The pump for the well(s) shall not create noise that measures more than 50dB at the nearest residential structure. 12.Planting & Vegetation Maintenance a. The project site must be maintained with vegetation in accordance with the approved Planting Plans. b. Lawn and Shrub Permanent Irrigation Area i. At least 50% of the plants in the non-turf areas must be native species with moderate to high drought tolerance. ii. Lawn areas must be seeded or sodded with turf species with deeper root systems and greater drought tolerance than conventional turf species. The specific seed mix must be approved by the Planning Board prior to planting. iii. For shrub plantings, an organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. Provide a statement on the planting plan or soil management plan (or both)that identifies when and how this will occur. iv. Coarse mulch at a depth between 1.5 and 3" is required on all planted material. c. Natural Habitat Maintenance Area (non-irrigated areas) 6 Vegetated areas outside the permanent irrigation zone and outside the Natural Buffer Area shall be managed for native vegetation and wildlife habitat. i. All plantings in this area shall be native, drought tolerant, low- maintenance plant species, as shown on the approved Planting Plans. ii. The two large drainage swales to be cleared in Phase 1 shall be seeded with the native plant mix as soon as possible after grading. iii. Mowing Maintenance Requirements (a) Timing - No mowing from May through October 15 to avoid turtles and other wildlife. (b) Rotation - Mowing is permitted at a maximum of once a year after October 15. (c) Mower Style — Avoid flail mower heads with guide bars that ride along the ground. (d) Height— No less than 7 inches of stubble height must be retained to retain important cover for animals, and reduce mortality of turtles. (e) Pattern - Mow in a pattern from the center outward to avoid congregating fleeing animals into the center. (f) Removal of noxious or invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, cut with machinery selective enough to keep nearby plants intact to the greatest extent practicable, or treated with organic herbicides only. d. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. e. Natural Buffer Area i. No mowing permitted. ii. No clearing permitted.. iii. Removal of noxious or invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, cut with machinery selective enough to keep nearby plants intact to the greatest extent practicable, or treated with organic herbicides only. iv. Dead or diseased trees that are a potential hazard to residences or people may be removed with prior Planning Board approval, and with a 7 report from the certified arborist that the tree is dead or diseased. Any trees removed must be replaced with a tree of a size and species listed on the Planning Board's list of approved trees. Notwithstanding the foregoing, a dead or diseased tree that, in the opinion of a certified arborist, represents an imminent threat to structures or people may be removed without prior Planning Board approval. The arborist shall submit a report of any such removal to the Planning Board within one business day after such removal. f. Fertilization i. Fertilizer will be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary. ii. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent minimum is permitted to be used. This practice will allow for slow release of nitrogen, driven only by biological activity, typically in soil temperatures above 550 F, and will prevent nitrogen leaching. iii. A maximum of 1 lb of nitrogen per 1000 square feet in any one application with cumulative application of no more than 2 Ibs per 1,000 square feet per year is permitted. g. Synthetic herbicides and pesticides are prohibited except in cases where organic methods are shown to be ineffective, and a written statement is provided by an entomologist, plant pathologist, weed scientist, and/or qualified landscape professional, stating chemical treatment(s) are the most effective measure for control or eradication for the particular incident. All applications shall be performed by a New York State Department of Environmental Conservation Certified Pesticide Applicator. h. Survivability of Plantings The developer is responsible for all planted/transplanted vegetation to survive at least three years from the time each phase is completed, or be replaced at the expense of the developer. After the three years, the condominium association will be responsible for maintaining the vegetation as approved in the site plan. 13.Construction a. Temporary Construction Route directly to Depot Lane over the property to the east. Provide a separate dedicated temporary construction route over property with direct access to Depot Lane, if the owner(s) and user(s) of such property agree to such use of the property. If the owner(s) and user(s) will 8 not agree to such use of the property, provide the Planning Board with a letter or letters from such owner(s) and user(s) confirming they will not agree to such use, or, alternatively, a letter or letters from the applicant's representative confirming that the owner(s) and user(s) will not agree to such use. b. During construction, emission controls for construction vehicle emissions will include, as appropriate, proper maintenance of all motor vehicles, machinery, and equipment associated with construction activities, including the maintenance of manufacturer's noise muffler equipment or other regulatory- required emissions control devices. c. Excessive or unnecessary idling of construction equipment engines is prohibited. d. Construction Traffic Management and Logistics Plan A Construction Traffic Management and Logistics Plan must be submitted to the Planning Board, but may be adjusted, at the Planning Board's request, to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: i. A notice provided to all contractors and subcontractors accessing the site about the following: (1) Area speed limits, (2) Public and private school safety zones (3) Residential neighborhoods (4) No access to or from site over Spur Road. ii. Days/hours of proposed construction activity iii. Parking areas for workers and heavy vehicles iv. Construction staging areas V. Measures to ensure protection of land and integrity of local roadways vi. Construction Vehicle Route Designation Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission. e. The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: i. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. 9 ii. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. iii. No construction activities are permitted on Sundays, year-round, and the following holidays: (a) New Year's Day (b) Memorial Day (c) Independence Day (Fourth of July) (d) Labor Day (e) Thanksgiving Day (f) Christmas Day 14.Transportation Improvements (off-site mitigation) a. The Heritage at Cutchogue must design and construct the re-alignment of the intersection of Schoolhouse Road and Griffing Street so the two roads meet at approximately a right angle. b. The following signage must be installed prior to the start of any site work, at the expense of the Heritage at Cutchogue: i. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection. ii. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. iii. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25, provided that such sign is approved by the New York State Department of Transportation and the Town of Southold, if such approval(s) is/are required, and the requirement of such sign will not delay implementation of the subject project. c. Install a crosswalk from the east side of the Heritage at Cutchogue's driveway across Schoolhouse Road. The installation of this crosswalk will be at the expense of the Heritage at Cutchogue. d. Install a sidewalk (approximately 600 feet in length) that connects the crosswalk and the Heritage project site to the sidewalk existing in front of the Post Office. The installation of this sidewalk is planned to be done by the owner of the land on the east side of Griffing Street. In the event the sidewalk has not been installed by the time the Heritage at Cutchogue is ready to begin Phase 4 of this proposed development, the Heritage will be responsible for its 10 design and construction, subject to the approval of the Planning Board, the Office of the Town Engineer and the Town Highway Superintendent. 15.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 16.Emergency Access The emergency access to Bridle Lane shall be used for emergency access only. No other traffic, including construction traffic, is permitted. 17.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 18.All utilities must be underground. 19.Parking is restricted to one side of the street only. Overnight parking in the street is not allowed. The Heritage at Cutchogue's transportation engineer must provide a letter stating that, in his professional opinion, the roadway design allows for parking on one side of the street. 20.A gate at the entrance to the development is not permitted. 21.Disposal of Pharmaceuticals: Homeowners shall be given notice on proper methods of disposal for pharmaceuticals and instructed not to dispose of such materials in the wastewater disposal system. 22.Bike racks shall be provided at the community center and the tennis court. 23.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 24.Residential Units: a. There shall be no more than 124 residential units. 11 b. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. c. The architectural design of the residential units must be harmonious with the vernacular style of the surrounding residences, with rooflines that have multiple peaks and dormers, and facades that mix wood shingles and stone. Final architectural designs for the residential units must contain, to the extent possible for attached units, a variety of individual design elements, including a diversity of house shapes and colors to avoid repetitive, monotonous design that is out of keeping with community character. d. All buildings must be constructed and finished according to the architectural designs approved by the Planning Board. e. No buildings shall be within 100 feet of the westerly property line of the subject property. f. The setback of the residential units to the eastern property line of the adjoining working farm shall be no closer than 79 feet. g. Basement ceiling height shall be no more than 8 feet; h. Basements shall not be used for habitable space, and basementwindows shall not be more than the minimum area required for uninhabitable basements by applicable laws, regulations, and building and fire codes; i. The use of low-flow plumbing fixtures within the residential units and the community building is required. j. The maximum livable floor area for all units together shall not exceed the proposed amount of 219,076+/-square feet, except for minor increases in livable floor area within the existing structures, not more than 125 square feet for any unit, so long as the total livable floor area complies with the livable floor area requirements set forth in the Stipulation of Settlement. Livable floor area, for the purpose of all conditions in this conditional approval, is defined as all spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded 12 above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Such "floor area, livable"' shall not be deemed to include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basement having a window area of less than 10% of the square foot area of the room, all of which are specifically excluded from "livable floor area" k. The maximum livable floor area in any one unit must not exceed 1,999±-sf, except for minor increases in livable floor areas within existing structures, not more than 125 square feet for any unit, so long as the total livable floor area complies with the livable floor area requirements set forth in the Stipulation of Settlement. I. No conversions of garages to livable floor area are permitted; m. No conversions of screen porches to livable floor area are permitted; n. No additions are permitted; o. Construction of all buildings shall comply with New York State Energy Conservation Construction Code, which requires the use of appliances, heating and cooling systems, windows and doors that meet Energy Star guidelines. 25.Clubhouse a. Provide solar panels on the clubhouse. b. Provide a first aid station in the clubhouse. 26.Open Space a. At least 50% of the site (23+/- acres) shall be set aside as open space in perpetuity. b. No structures permitted, except a perimeter fence, irrigation wells, and electric meter, vent, and other structures associated with I/A OWTS systems may be allowed. i. Any proposed fence along the perimeter must be reviewed and approved by the Planning Board prior to installation. c. Vegetation Maintenance — as approved in the Planting Plans. The following conditions are to be completed prior to final site plan approval: 13 All submitted items must be reviewed and approved by the Planning Board. 1. A guaranty of performance pursuant to Section 280-131(K) for "other on-site improvements" (not including on-site roads, drainage, and utilities) as well as a guaranty of performance for off-site improvements shall be fixed by the Planning Board in the final site plan approval, based upon the Town Engineer's estimate of the cost of these improvements. 2. Any changes to the plans must be reviewed by the Southold Town Building Department for compliance with Town Code, and the use certified by the Building Inspector pursuant to Town Code §280-131 F(1). 3. Provide a letter of water availability from the Suffolk County Water Authority. 4. An approval stamp from the Suffolk County Department of Health Services on the site plan must be provided for Planning Board review. 5. Provide a draft of the Covenants and Restrictions (a template will be provided by the Planning Board) that includes the relevant ongoing conditions in this approval. 6. Provide the details for Construction Phase 1 about the specific I/A OWTS system that will be used for sanitary waste disposal. Phases 2, 3 & 4 may use the same or different IA/OWTS systems approved by the SCDHS. 7. Provide the details regarding the method of obtaining the data for the annual report to the Planning Board that will provide evidence that the I/A OWTS systems in use for all sanitary systems are meeting the specification of nitrogen in the effluent at 19 mg/L or less. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. 8. Plans to be submitted, reviewed and approved by the Planning Board: a. Storm Water Pollution Prevention (SWPPP) The SWPPP will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after, and is also subject to the review and approval of the Office of the Town Engineer. b. Road and drainage plans, also subject to the review and approval of the Office of the Town Engineer. c. Provide a Construction Traffic Management and Logistics Plan as described above. 14 d. Provide architectural designs to demonstrate that the options will allow for a variety of individual design elements, including a diversity of house shapes and colors, and that the completed project will avoid repetitive, monotonous design ,that would be out of keeping with community character. e. Provide floor plans for all unit types of sufficient detail and with all dimensions necessary to determine total livable floor area. Total livable floor area for each room must be labeled. Provide a table on the floor plan with the floor area of each room and area meeting the definition of livable floor area as described above to demonstrate how the total livable floor area was calculated for each unit type. f. Planting Plans i. The narrow areas of land in between the buildings proposed to be managed as native meadows are not practical due to their narrow shapes and locations. Provide planting plans that revise the arrangement of non- irrigated areas so they are better able to be managed as natural habitat. Do not exceed the maximum gallonage of irrigation allowed. An alternative would be to manage those narrow peninsulas between the buildings as natural lawn areas (non-irrigated, non-fertilized, no pesticides or herbicides), and identify them as separate from the Natural Habitat Maintenance Area (the rest of the non-irrigated area). il. Provide a statement on the planting plan indicating how and when the organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil, to increase its water-holding capacity. iii. Provide a table of attributes necessary for a plant to be considered drought tolerant on the planting plan, and for each species proposed, identify which attributes that plant possesses (including the proposed turf species). iv. Include each plant's natural range of occurrence to help identify whether it is native. V. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. vi. Provide details on the Planting Plans for the management and maintenance of the Lawn, Plantings, Natural Buffer, and Natural Habitat Maintenance Area as described in the conditions above. 15 vii. Provide a plan for short-term irrigation of the areas without permanent irrigation, including the following: (a) Quantity of water expected to be used for temporary irrigation of these plantings (b) The source of the water (c) The method by which it will be delivered to the plants (d) The duration of the temporary irrigation g. Construction Phasing Plan — Revise as follows: i. State the amount of land to be cleared in each phase. ii. Provide the methods by which land will be cleared. iii. Provide the dimension of the width of the road and road surface during Phase 1 in the areas that pass through the other Phases. iv. Areas to be graded during each phase. V. Identify the drainage to be installed during each phase. vi. Identify the number of residential units to be constructed in each phase. vii. Identify other improvements and site work to be completed in each phase. h. Provide a detailed Soil Management Plan, to be reviewed and approved by the Planning Board and the Office of the Town Engineer, that includes all soil erosion prevention measures and including the following: i. The buffer must be fully planted (see "Planting conditions" herein) before scraping of topsoil and grading can begin. ii. A dust control and watering plan will be instituted to prevent surface and air movement of dust from disturbed soil surfaces. iii. Use a water truck on site to control dust. iv. Stabilize exposed soil surfaces as required. v. Stabilize all soil stockpiles and exposed soil as required by best practices, including temporary seeding and other measures. 16 vi. The plan will include details about best management practices for minimizing the size of exposed areas and the length of time areas are exposed. vii. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. The construction entrance will be maintained until the site is permanently stabilized. viii. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties or roadways. ix. Drainage inlets will be protected through the use of sediment barriers and traps as required. X. Sediment barriers and other erosion control measures will remain in place until disturbed areas are permanently stabilized. A. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. xii. Provide details about the import and export of soil, sand, loam, and topsoil for each construction phase. xiii. Details about the removal of any sand or other material from the site including the amount and identification of the location from where materials will be removed. xiv. Provide a detailed cut and fill plan. xv. Arsenic mitigation for contaminated soil will include the following: (a) Topsoil will remain on-site post development and be re-used. (b) Topsoil in the developable areas will be stripped and stockpiled in four areas, one at the beginning of each phase of the project. (c) Topsoil will not be buried, nor will there be berms created around the perimeter with contaminated soil. (d) Topsoil will be mixed during the generation of the stockpiles to reduce the concentrations of arsenic to below 13.0 mg/kg. (e) Testing protocol for testing soil stockpiles for arsenic will be provided for Planning Board review and approval prior to final site plan approval. 17 (f) Prior to being re-used, new tests will be conducted on the stockpiles, which will be re-sampled and analyzed for arsenic. Stockpiles with arsenic concentrations below 13.0 mg/kg (the most conservative NYSDEC standard; UUSCO) will then be re-used on-site. If stockpiles are identified with arsenic concentrations above 13.0 mg/kg, then sand from on-site construction activities (e.g., installation of foundations, utility trenching, etc.), and/or imported organic-rich topsoil will be mixed into the stockpiles to reduce the concentrations of arsenic and the topsoil will be re-tested. Only topsoil containing concentrations less than 13.0 mg/kg, after mixing, will be permitted to be re-used. (g) Protocol for mixing and retesting soils that test positive for arsenic contamination at a level greater than 13 mg/kg, including ensuring the topsoil to be re-used is not made overly sandy and can support plants. (h) Safe practices during the transplanting of trees to reduce contact with potentially contaminated soil and dust. i. Community Air Monitoring Plan (CAMP) Prepare a Community Air Monitoring Plan (CAMP) that monitors air quality and provides controls during construction. Guidance for the preparation of a CAMP is provided below from the New York State Department of Health's Generic Community Air Monitoring Plan: i. The CAMP must require real-time monitoring for particulates (i.e., dust) at the downwind perimeter of the work area. The CAMP is intended to provide a measure of protection for the downwind community (i.e., off-site receptors including residences and businesses and on-site workers not directly involved with the subject work activities) from potential airborne contaminant releases as a direct result. Additionally, the CAMP helps to confirm that work activities did not spread contamination off-site through the air. ii. Continuous monitoring will be required during all soil excavation, grading and handling activities. iii. Particulate Monitoring, Response Levels, and Actions: Particulate concentrations should be monitored continuously at the upwind and downwind perimeters of the exclusion zone at temporary particulate monitoring stations. The particulate monitoring should be performed using real-time monitoring equipment capable of measuring particulate matter less than 10 micrometers in size (PM-10) and capable of integrating over a period of 15 minutes (or less) for comparison to the airborne particulate action level. The equipment must be equipped with an audible alarm to 18 indicate exceedance of the action level. In addition, fugitive dust migration should be visually assessed during all work activities. iv. If the downwind PM-10 particulate level is 100 micrograms per cubic meter(mcg/m3) greater than background (upwind perimeter) for the 15- minute period or if airborne dust is observed leaving the work area, then dust suppression techniques must be employed. Work may continue with dust suppression techniques provided that downwind PM-10 particulate levels do not exceed 150 mcg/m3 above the upwind level and provided that no visible dust is migrating from the work area. v. If, after implementation of dust suppression techniques, downwind PM-10 particulate levels are greater than 150 mcg/m3 above the upwind level, work must be stopped and a re-evaluation of activities initiated. Work can resume provided that dust suppression measures and other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 mcg/m3 of the upwind level and in preventing visible dust migration. 9. If the owner(s) and user(s) of the property to the east will not agree to use of such property for a temporary construction route directly to Depot Lane, provide the Planning Board with a letter or letters from such owner(s) and user(s) confirming they will not agree to such use, or, alternatively, a letter or letters from the applicant's representative confirming that the owner(s) and user(s) will not agree to such use. 10.Transportation Improvements a. Provide a plan with the design for the re-alignment of the intersection of Schoolhouse Road and Griffing Street, and the crosswalk, as described above. The design and the timing of its completion are subject to approval by the Town Engineer, Town Highway Superintendent and the Planning Board. b. The Southold Town Planning Board, upon adoption of this resolution, will make a recommendation to the Town Highway Superintendent and the Town Board that the signs listed below be approved: i. Stop signs in both directions at the intersection of Schoolhouse Road and Griffing Street. ii. Stop sign at the end of Schoolhouse Road where it meets Depot Lane. iii. No Left Turn sign at the end of Griffing Street where it meets State Route 25, provided that such sign is approved by the New York State Department of Transportation and the Town of Southold, if such approval(s) is/are required, and the requirement of such sign will not delay implementation of the subject project. 19 11.Emergency Access i.. Provide an illustration of the sign(s) to be posted at both ends of the emergency access lane. Emergency Access Only & Weight Limit supported by the access. ii, Provide plans for the mountable curbs at both ends of the emergency access. iii. Emergency access design and signage to be approved by the Cutchogue Fire District. iv. Timing of the installation of the emergency access to be determined by the Cutchogue Fire District. 12.Interior circulation /functionality: a. Provide a detailed signage plan for the interior of the site; b. Provide street names for review and approval by the Town Highway Superintendent; c. Provide the location of Speed Limit Signs and proposed Speed Limits for interior roadways. d. Provide a sign at the entrance stating that on-street parking is permitted only where posted. e. Add a notation to the site plan on the booth at the entrance: "unmanned booth". f. Add a sidewalk to extend along the north/east side of entrance driveway to connect with Schoolhouse Road. g. Designate how mail will be distributed and note this on the site plan; h. Show the location of bicycle racks at the community center and tennis court on the site plan; i. Provide dumpster location on the site plan; j. Clarify whether existing perimeter fencing is to remain or if there is a new perimeter fence proposed, and if so, describe material and height; k. Provide,sign renderings and dimensions at entrance pursuant to §280-80 of the Town Code; 20 I. Provide the height of the proposed pool fencing; m. Provide the hours of operation for lighting of the pool; n. Remove depictions of all exterior light fixtures from all plans except the photometric plan and the overall layout plan; 13.Revise the site plan to move and screen the tennis court. a. Move the tennis court out of the 50' buffer (farther away from both property lines). b. Provide a planting plan to screen the tennis court with evergreens on the two sides closest to the property line. c. Provide the correct height and material of the tennis court fencing (two different heights and materials provided on the plan), and obtain variances from the Zoning Board of Appeals to the extent required for fences that do not comply with Town Code. 14.Sequence of Construction: Provide a comprehensive sequence of tasks, in the order in which they will occur, to complete the site work for each phase of this project, and includes all the relevant conditions listed herein. These include but are not limited to the timing of installation of stop signs on Schoolhouse & Griffing, staking areas to be cleared, tagging possible trees to remain or be transplanted, inspections by Planning Board, wildlife surveys, transplanting trees into the buffers, clearing, scraping topsoil, stockpiling, grading, installation of utilities, testing, amending and spreading topsoil, installation of irrigation, planting, constructing buildings, paving roads, and installing sidewalks. 15.Submit 9 paper copies of the site plan and related materials that meet all conditions listed herein. 16.Print the plans with darker lines so that they will be fully legible when scanned into the Town's Laserfiche system. 17.Submit all site plans in digital format as well as paper. 21 Heritagie at ho u timat 17 *ALL ITEM .lu D R �Rl� �]. (.11.1 r'r. f C .�L M, 11 U f Off Site Work Item #1) f h�rrir�hu�u G Drainage - 1 - catch basin - $3500.00 85 linear feet of 18" RCP @ $30.00/lf - $2550.00 1 - 10' x 10' x 6' drainage structure - $3000.00 Curbs - 965 linear ft. @ $16.00/if - $14,475.00 Sidewalk - 645 linear feet x 5' width - 3225 sq ft @ $6.00/sq ft - $19,350.00 (*Note: 3075 sq ft @ $6.00/sq ft - $18,450 is along Griffing St.) Asphalt Paving - 3360 sq. ft. @ $5.00/sq ft - $16,800.00 Pavement Marking - 3 Stop bars - $250.00 Total - $593925.00 `Note: Total - $41 ,475.00 with the elimination of sidewalk along Griffing St. to be completed by property owner on southeast corner Testing of Stockpiled Soil (Item #2) 5 days of testing @ $300.00 per day - $1,500.00 15 samples per day C@ $30.00 per sample - $29250.00 Total - $39750.00 Excavation, Mixing and Re grading of Soil Stockpiles (Items #3 and #5) 736,000 sq. ft. @ 6" depth - 13,630 cu yds @ $3.00/cu yd - $409889.00 Total - $40,889.00 Erosion Control (Item #4) 2800 linear feet of wire backed silt fence @ $2.00/lf - $59600.00 Total - $59600.00 Seeding of Regraded Soil (Item #6) 736,000 sq. ft. @ $0.05/sq.ft. - $36,800.00 Total - $36,800.00 Maintenance, Irrigation and Dust Control (Item #7 and #8) 1 water truck @ $100 per day for 15 days - $1,500.00 Total - $1,500.00 Security Gates and Fencing (Item #9) 1 - 30' swing crash gate (2 sections) and chain link fencing at sides totaling approx. 50 linear feet - $29350.00 Total - $29350.00 Planting of Natural Buffer (Item #10) 50 Eastern Red Cedars @ $291.00 each - $14,550.00 Total - $149550.00 Temporary Swales to Mitigate Stormwater On site (Item #11) 1 day machine time - bulldozer, bobcat or equal - to create swale - $1,500.00 Total - $13500.00 rotal estfiiimate of 611111 Reims requested by the Towni IllEiiir i iiir or - $1665864,,00 *Note,:0Total 18, 1 liirth ehimination of sidewalk along Giriffingt to be comIllpletedIIIIy 11propeirty owner on southeast oiroirir ILING DRESS: PLANNING BOARD MEMBERS P.O.Box 1179 �� Southold,NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CRFMERS 54375 State Route 25 PIERCE RAFFERTY DAMES H.RICH III �y„�i (coy.Main Rd. &Youngs Ave.) MARTIN H.SIDOR � l r�j�� , a," Southold,NY Telephone: 631 765-1938 .southoldto y.gov PLANNING FIC TOWN OF SOUTHOLD March 15, 2017 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 e: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St.,Griffin Cutchogue T 1 -10 -1- . Dear Mr. Wagner: The Planning Board has reviewed your request to begin site work and accomplish the tree clearing prior to Final Site Plan Approval. Please note that no work is allowed on site without written permission from the Planning Board in the form of a resolution, that has been adopted at a Public Meeting by the Planning Board. The Board has agreed to consider your request provided the following items are submitted, reviewed and accepted by the Planning Board. 1. Phasing Plan with revisions: a. The Phasing Plan will be the plan that any approval to begin work early will rely upon and reference. b. The Phasing Plan requires the following revisions: (1) The Natural Buffer needs to be given dimensions on the plans to assist with field inspections where ever it deviates from the 50' buffer line. (2) The Natural Buffer must be identified as "Natural Buffer" on the plans and it must be stated on the plans that the Natural Buffer is not to be cleared ("area to remain natural" isn't enough). 1 The Heritage P a q ej_9 March 15, 2017 (3) Notations on Phasing Plan state "all of the area" in each phase will be cleared, and neglects to mention that the natural buffer will not be cleared. The plans must show that the Natural Buffer area will not be cleared and the narrative must identify this area as well. (4) Add a property line monument about halfway up the long property line along the east side to assist with field inspections. (5) Add the trees to be relocated to the Phasing Plan (or provide a separate sheet with the Phasing Plan together with the trees to be relocated). (6) Add the Phasing Plan Narrative to the Phasing Plan PH-1 and eliminate the Phasing Plan Narrative. Combine the notes on PH-1 with the Narrative to keep the detail and order of occurrence of activities on site. (7) Changes to the Phasing Plan Narrative are required as follows: a) Add initial pre-construction meeting and all inspections by the Office of the Town Engineer as detailed in their memo dated March 13, 2017 (attached). b) Add an inspection by the Planning Board after the area to be cleared is marked and prior to any clearing. This inspection will be to review the area to be cleared and note any trees that might be able to be left in place outside the buffer (where feasible and in consultation with developer). c) Add that the land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. d) Ensure that the notation in the narrative on the Phasing Plan states that clearing shall occur only in the areas identified within the limits of each phase. e) Planning Board inspections of clearing operations periodically as they are occurring and prior to Soil Management step.Also inspection of the area staked for soil stockpile. f) A step for limited clearing for the purpose of installing Erosion Control measures such as silt fencing must be added prior to installing silt fence. An inspection of the mark-out of where this clearing will occur must be done prior to it occurring. The Heritgge a . ��3 March 15 2017 g) The Clearing and Grubbing step needs to refer to the Natural Buffer specifically and that is must not be cleared. h) State that an asphalt binder course will be installed prior to excavation of any foundations. ) Move the "buffer restoration" work (from Condition 8. a.) to earlier in the process, During i "tree relocation" step, and before soil stripping, especially in areas where there is little natural buffer existing between work areas and existing residences. The conditions of approval state that the buffer must be fully planted (see "Planting conditions") before scraping of topsoil and grading can begin although planting from June 1 — October 1 is not recommended due to survivability issues, and so can be deferred to the appropriate season if necessary. j) Off-site improvements—one of the first steps in the Phasing Plan Narrative must be to install the stop signs and stop lines for the intersection of site driveway/Schoolhouse Road & Griffing Street, they will be in temporary locations until the rest of the Off-site improvements are completed at the end of Phase 1. The Planning Board will request a Town Board resolution to approve the installation of these signs after a Public Hearing. The signs must be installed as soon as possible after the Town Board approval is granted. k) If the entire Construction Traffic Management and Logistics Plan is able to fit on the Phasing Plan, add it. If not, add the clause from that plan entitled Construction Activities Limitations and Periods. l) Add the clause about holidays to the clause from the Construction Traffic Management and Logistics Plan entitled Construction Activities Limitations and Periods. The condition reads as follows: i. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. ii. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. iii. No construction activities are permitted on Sundays, year-round, and the following holidays: a. New Year's Day b. Memorial Day The Heritage "n a, e ., 4 March 15, 2017 c. Independence Day (Fourth of July) d. Labor Day e. Thanksgiving Day f. Christmas Day m) Regarding the wildlife sweeps: i. They are specifically for box turtles and trees that show signs of bat roosting for long-eared bats. ii. Documentation must be kept of the dates, times, area covered, name and qualifications of personnel involved in wildlife sweeps and submitted to the Planning Board after completion and before clearing. iii. Later phases in the Narrative also need these details, including the times when turtle search must occur (reminder that between November 1 & March 31, no turtle search is required before clearing). n) The emergency access construction must be added to the end of Phase 1. i. Note on the phasing plan (and all future revised plans) that the emergency access may not be used as a construction entrance and is restricted to emergency access only. o) In the Phase Plan notes, the drainage systems to be installed are not all identified (or don't seem to be)for each phase. For example, part of Drainage system C is in Phase 1, however it isn't mentioned in the notes on PH-1. 2. Bond estimate: a. Submitted by applicant; b. Reviewed and approved by Town Engineer; c. Reviewed and approved by Planning Board resolutions; d. Reviewed and approved by Town Board resolution. The Heritage Mardi 15�17 3. The full extent of site work allowed to proceed prior to Final Site Plan Approval will need to be identified specifically by the applicant. 4. The Planning Board will need to consult with the Office of the Town Engineer and the Building Department on any other requirements prior to proceeding with a written approval to begin work prior to Final Site Plan Approval. See the memorandum from the Office of the Town Engineer dated, March 13, 2017 for additional information necessary to correct or submit. Because the installation of the drainage structures will be done after clearing, the additional specifics regarding drainage might not be necessary prior to receiving permission to begin clearing, however they will need to be provided prior to Final Site Plan Approval. 5. The issue of whether or not a SPDES Permit is to be filed with DEC must be answered definitively before any approval to begin clearing can be issued. SPDES may supersede the ability of the Town to allow clearing prior to Final Site Plan Approval. See the Engineer's March 13, 2017 memorandum for more information. 6. The full set of plans and all aspects of them have not yet been completely reviewed. Only certain plans would be required to be revised, submitted and reviewed prior to allowing the start of site work, including: a. Phasing Plan and revised Phasing Plan Narrative. Please note that the full set of plans and all aspects of the project have not yet been completely reviewed by the Planning Board. Additional revisions to plans other than the Phasing Plan may be required after this review is complete. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. SCOTT A. RUSSELL JAMES A. RIGHTER, R.A. MICHAEL M. COLLINS, P.E. SUPERVISOR ' TOWN HALL - 53095 MAIN ROAD �� , �y /1ti TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765 1560 Fax. 5 �lfC 11,\1 1.C'O,I_,f1}I171,fJY.I ti ! 0 i ! I � !w :�tiia�h�l mm III �� THE ENGINEER . ` OFFICE OF TOWN OF SOUTHOLD iomil M�� er>�� at Cutch.; �>iI — Town 1 eerin Review March 10,2017 �qctions by the Town En ineerin De artment Revised: March 13,2017 ((TheFollowing Inspections are g p e required for Each Phase of Construction) Page 1 of 3 1. Pre-Construction Meeting: Required prior to the beginning of each phase of construction. 2. Inspection-Erosion & Sediment Controls: Clearing is prohibited prior to the installation of Erosion Control Structures except for minor clearing in the immediate vicinity of the Erosion Control Structures to allow for their installation. 3. Inspection- Clearing & Grubbing: inspections shall include all areas within each phase. All temporary drainage swales or structures must be installed in such a way as to prevent wash out. All soil stockpiles shall receive required stabilization. Notify the Town Engineering Department before clearing begins and after it ends for inspection. 4. Inspection-Drainage Installations: All Drainage and Pipe installations require Inspections &approval prior to back-fill. 5, Road Base: Stone Blend Road Base must be installed to allow site access by Emergency Vehicles prior to excavations for new foundations or utility installations. All roadways cut to grade must be improved with Stone Blend Base Material approved by the Engineer to achieve road stabilization. (If R.C.A. Material is used it must meet NY State Specification!) 6. Inspection-Utilities: All underground utilities must be installed prior to the installation of Curbing. 7. Inspection- Curbing: After installation, curbing must be protected from damage by all Contractors' operations. 8. Inspection-Asphalt Base &Wearing Course: Provide schedules for the Placement&Compaction of all Asphalt Pavement surfaces. 9. Inspection- Final Grading: 10. Inspection -Final Site Stabilization: Please contact the Town Engineering Department(631-765-1560)at least 48 hours prior to any of the above referenced activities! Gri , "OFF SITE IMPROVEMENT PLAN" The following t uct on Items/Road Imp rovem nts are required before the beginning of Phase II work. g 1. New Drainage: Catch Basin with Cast Iron Inlet Grate&Frame. 18"Diameter ADS drainage Pipe. 2. New Concrete Curbing: Southold Town Highway Specification"Type A"as shown on Plan C-10. (New Curbing along Griffing Street may terminate at the Stop Bar/Stop Sign pending the end of the project.) 3. New 5' wide Concrete Sidewalk: Sidewalk indicated(drawing"C-10")shall be installed on the northerly side of School House with ADA Apron to new Crosswalk. Sidewalk on the Southerly side of School House with ADA Apron shall be installed extending to the Stop Sign on Griffmg Street. A temporary ADA ramp is to be installed at the Stop Bar Terminus of the new Sidewalk under this Phase of Construction. (The New sidewalk on the easterly side of Griffing Street may terminate at the Stop Bar/Stop Sign pending the end of the project.) (Along Griffing Street the Face of curbing shall maintain a 10' separation from the Property Line. The Face of New Curbing shall maintain a three(3')foot separation from the New 5' wide Sidewalk.) Heritage at Cutchogue — Town Engineering Review (continued) Revised: March 13,2017 Page 2 of 3 4. Asphalt Pavement: The Re-Alignment&Re-Construction of road pavement within the Town Right-of- Way shall meet Town Highway Specifications. 5. Paint/Highway Markings: 3 Each—Stop Bar, 1 Each—Cross Walk 6. Stop Signs: 3 Each All items listed above shall be constructed in accordance with the Off Site Improvement Plan Drawing"C-10" Or as required by the Southold Town Highway Specifications. PHASING PLAN NARRATIVE: Revisions to the narrative must be made to meet the following requirements: 1. If a SPDES Permit is to be filed with the DEC the Town must receive a formal request for a letter of non- jurisdiction from the Town prior to the applicant's submission of the NOI. The Town of Southold will not complete the MS4 Acceptance Form as the project will not discharge to the Town's regulated municipal storm sewer system. If, in the opinion of the Project Design Professional,this project will not require a SPDES permit,the Town must be provided with a written certification to this effect by the Project Design Professional. 2. At the commencement of work,three Stop Signs&painted Stop Bars should be installed"Temporarily"at the intersection of Griffing Street& School House Road. (These items will need to be re-located and re-installed by the Contractor at the end of Phase I.) 3. The Road section must be stabilized with a Stone Blend Base prior to any site work related to the building construction. This base must be maintained on a daily basis as needed to allow for the un-impeded movement of emergency vehicles. (If R.C.A. materials are used, it must meet NY State Specification.) 4. The parking lot must be stabilized with a Stone Blend Base prior to any work related to the Clubhouse construction. This base must be maintained on a daily basis as needed to allow for the un-impeded movement of emergency vehicles. (If R.C.A. materials are used, it must meet NY State Specification.) 5. Drainage structures, as Designed, and/or temporary drainage systems must be in place,protected and maintained throughout all construction phases prior to commencement of building construction. Temporary drainage such as swales or other systems must be planned and certified by the project Design Professional. 6. Access roadways and or temporary turning areas must be maintained throughout construction to prevent access conflicts with all Trades, Contractors and independent site workers. 7. Where clearing, grubbing and grading of roads extend beyond Phase I site work and where permanent designed drainage will not be installed under Phase I, Temporary drainage will be required. All areas cleared and void of vegetation must be graded in a manner such that Stormwater will be contained on site at all times. If stone blend base material is not installed on the roadway extending beyond the Phase I site work, barricades should be erected to prevent access to the un-improved cleared areas. DRAINAGE DESIGN CALCULATIONS: Calculations provided meet the minimum requirements of Town Code Chapter 236 for Stormwater Management. TABLE OF DRAINAGE ELEMENTS: The drainage design is made up of many individual drainage systems that are designated and/or labeled beginning with letters of the alphabet. All drainage items should be quantified in a table that starts with the structure number or designation. The table should then provide all details such as what the structure is, what drawing detail should we be looking at,what size it is,what type of casting is required,top of casting elevations, invert elevations of piping, etc. Details on page C-7 currently indicate or call out catch basin detail requirements but then note a variation between five and twenty feet in depth. The plans just indicate the structure number and then give the designation of"CB". All items of new drainage work need to be documented in the Table with all information plausibly available. The table should include all hardened drainage structures including the type of Pipe and diameter being used. This requested table of drainage items should be coordinated with the Town Engineering Department at 631-765-1560. This coordination should occur prior to preparation to ensure all elements of the table are considered. Heritage at Cutchogue — Town Engineering Review (Continued) Revised: March 13,2017 Page 3 of 3 COMMENCEMENT OF CONSTRUCTION: o If a formal NOI is submitted to the State there can be no construction without all approvals in place. o If the applicant and his design team documents and determines that a formal SWPPP is not required for this project, then it would be up to the Planning Board to determine to what extent any portion of site clearing, grading, excavation or construction could take place without tine final approval. o The Town Engineering Department would recommend that orrly the clearing necessary for the installation of all Phase I Erosion Control structures should be permitted prior to final approval. PREPARATION OF A BONI FS'1'19'+v'dA'`1`E: (Ail items to include quantities and unit costs.) A preliminary Bondi Estimate should be prepared by the Design Professional for review and approval by the Town Engiracering& 1]anninl_!,I l)artrnents with regard to the following items: 1 All off-site: improvements as indicated on drawing C-10 (list all items individually with quantities and unit costs.) 2. Testing of Stockpiled soil for arsenic levels according to soil management plan.(SMP) 3. Cost per Cubic Yard for Mixing Stockpiled soil with clean soil/sand where dilution is required by the SMP. 4. Erosion Control Structures. Cost per Linear Foot. 5. All excavation&re-grading of soil stockpile materials to meet project grades. Provide cost per Cubic Yard 6. Planting& Seeding of re-graded topsoil areas. Cost per Square Yard. 7. Maintenance& irrigation of all seeded areas. Cost per Square Yard. 8. Site Maintenance during construction. Cost associated with watering site to prevent fugitive dust control. 9. Security gates and fencing to secure the site from Trespass. 10. Planning Board Condition# 8 requires the Natural Buffer to be enhanced with native evergreen species (Cedar)to achieve a dense double row of evergreen vegetation. Cost per Tree. 11. Excavation of Temporary swales to mitigate Stormwater from leaving the site due to project abandonment. DRAWING COORDINATION: The following items were observed on the current design drawing set: 1. All plan sheets should be coordinated to indicate the requirements of the Off Site Improvement Plan. (See Sheets C-3.0,C-3.2, etc.) 2. An emergency access roadway consisting of Grass Pavers has been indicated in the North Westerly area of the Site. Drainage has not been shown or indicated. This item will be required. A smaller Runoff Coefficient will be considered for Grass Pavers subject to validation. 3. The Drainage calculations indicated gravel surfaces and used a 0.5 runoff coefficient. Where are these gravel surtaces located and how are they to be used? 4. fill drainage structure labeling will need to be coordinated in the requested Drainage Table above. Currently (lie plan indicates what appears to be either leaching pools or diffusion wells as L13 in two different locations. 5. The entire length of clearing for the road running parallel to the westerly property line in Phase I doesn't show any temporary drainage. Erosion controls have been indicated for this phase but some type of tcrrrl)rrr.ar-y rrrrrcrll'"con(rol will also be required. Design concepts must be developed by the Design profiessional prior to clearing the area. These Design Concepts must be reviewed&approved by the Town Engineoring DepartrneW: l)rior too implerncrrtatiorr. t:i Orr dlrawinl, it C-8 there is a detail for a Flared Pipe End Section with Stone Rip-Rap. Where is this used? Southold Planning Department Staff Report Site Plan Application Work Session Date March 7, 2017 Prepared By: Brian Cummings & Heather Lanza I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Same as above Date of Submission: January 2, 2015 Tax Map Number: 109.-1-33.3 Project Location: 75 Schoolhouse Road Hamlet: Cutchogue Zoning District: HD - Hamlet Density II. Description of Project Type of Site Plan: Residential Site Plan for condominiums Acreage of Project Site: ±46.17 acres Number of units 124 Other structures Clubhouse, outdoor swimming pool, tennis court, gazebo, 3 parking lots This proposal is for 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). Total maximum livable floor area of residential units equals 219,076 sq.ft; 6,188 sq. ft. clubhouse with a ±1,125 sq. ft. outdoor swimming pool, one tennis court Parking Required: 282 Multiple Dwelling (2-bedroom) = 2 stalls per unit: 72 units x 2 = 144 Multiple Dwelling (3-bedroom) = 2.25 spaces per unit: 52 x 2.25 = 117 Clubhouse (recreational facility) = 1 per 300sf: 6188 -= 30 = 21 (2 must be ADA) Parking Provided: 284 (not including driveways and tennis court parking) Garage (19'x19' min): 248 provided "Unit A" parking lot: 8 provided Visitor/ Clubhouse (min 9'x 19'): 32 provided including 4 ADA Bulk Schedule/Code Requirements (HD zone) • Lot Coverage Proposed:17% • Maximum allowed: 25% • Setbacks f �anor i a........._ uc_t .r.._esM in m the equirlet ed�ensity Zoift Provided District ........ ....... 1 Front yard 35 35 3...__ ._.�__ — 5 7' ._......� - 7 Side 15 � 79.4 Side 15 (30 comb 9.4' (18 0 9' comb Rearwyard ..._—...._. 35' _ 75' III: Action Review revised plans submitted 1/6/2017 • Compare to conditions from the November 7, 2016 Conditional Site Plan Approval • Determine whether any revised plans need further comments from other agencies IV: Submitted • Site Plan Package (35 Pages) • Landscape Management Plan • Phasing Plan Narrative • Construction Traffic Management and Logistics Plan • Stormwater Pollution Prevention Plan (and Erosion Control Plan) • Soil Management Plan --- accepted by Planning Board previously. • Community Air Monitoring Plan - accepted by Planning Board previously. • Construction Health and Safety Plan - accepted by Planning Board previously. V: Missing Items (this list is not complete) • Architectural drawings o Basement floor plans for all types of units. o Elevations showing the two A-type units together with the breezeway o Elevations showing the B-type units attached (show two units together on one elevation. o In meeting with Henry Alia on 3/6/17, these deficiencies were outlined. • Traffic engineer's statement regarding parking on the street to support allowing it on this private road where the Town Code prohibits it on public streets of the same width. (this was listed in the letter sent 3/7/17 to Mr. Wagner.) • OS-1 is incorrect- Must be replaced (this was listed in the letter sent 3/7/17 to Mr. Wagner.) i 1: Comparison of 1/17 revised plans with 11/16 conditions ry I Note: Items beginning with * indicate that this was reviewed at the 2/27/17 work session, no further review ** indicate reviewed at 2/27/17 work session, more review required or further action required as noted in bold under each item. 1. **The proposed action shall comply with all sections of Town Code Chapter §280-137 Standards for Residential Site Plans unless otherwise described in the Stipulation of Settlement. • Building Dept Revisions: 2 L Change notation/reference from "multiple dwellings" to Single-Family Dwelling or Two-family Dwelling everywhere it appears in all plans. The structures do not meet the Southold Town code definition of multiple dwelling. ii. Tennis Court location is OK, except the fence cannot be higher than 4'. Either note a 4' fence around the tennis court, or note that the applicant will seek a variance for an 8' fence. Each structure including tennis court will require a separate building permit and when the tennis court plans are submitted, they'll get a Notice of Disapproval at that time and then can apply to ZBA. 2. **Innovative and Alternative Design for Wastewater Treatment - The use of alternative innovative wastewater treatment systems is required for all wastewater disposal. The project must use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-site Wastewater Treatment Systems (I/A OWTS) Program (aka Article 19). This program provides for new residential septic systems that will treat wastewater so that nitrogen in the effluent is 19 mg/L or less. The specific system(s) to be used will be one or more of the systems that receive approval by the SCDHS under their 'I/A OWTS' Program referenced above. As technology advances, different systems under this program may be chosen for later phases of the project, subject to Planning Board review and approval, and subject to meeting the specifications above. a. *The plans show the proposed system for Phase 1 as the Hydro Action b. Awaiting stamped approved plans from the SCDHS The developer is responsible for the continued successful operation of the I/A OWTS until such time as the condominium owners association takes over the management of the property. An annual monitoring report must be provided to the Planning Board to ensure the level of nitrogen in the effluent remains at or below 19 mg/L which in turn provides assurance that mitigation is occurring. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. C. *The items above will be included in the C&R's 3. **Provide payments to the Town for the Park and Playground and Affordable Housing Buyout fees to total $2,000,000 as required under paragraph 25 of the Stipulation of Settlement. 3 a. *To be included in the final conditions (and maybe in the C&R's) 4. **Project Phasing - The site will be constructed in four phases according to the Construction Phasing Plan, as approved by the Planning Board. a. *The plans include four phases. This condition is met. Include in final -conditions. 5. **The clubhouse, pool, tennis court and associated site work must be completed and a certificate of occupancy for those amenities issued prior to certificates of occupancy being issued for any residential units. a. *To be included in the final conditions 6. **Prior to the certificates of occupancy being issued for residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. a. *To be included in the final conditions 7. **Prior to beginning Phases 2, 3 or 4, all work for the prior phase must be completed in accordance with the approved plans, and to the satisfaction of the Planning Board and the Office of the Town Engineer. a. *Applicant proposes that a more practical assurance would be as follows: "Prior to beginning Phases 2, 3 or 4, certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase." b. *Planning Board agreed to this C. *To be included in final conditions 8. **Natural Buffer A minimum 50 foot natural, vegetated buffer shall be maintained around the perimeter of the property (see site plan for location and depth of the buffer, which is greater than 50 feet in some places). The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer will be identified on the site plan as "Natural Buffer." 4 • "The Natural Buffer is not labeled on the site plan. It is labeled "Area to remain natural". Adding the word "buffer" will speak to its purpose on the plan more clearly. Add the word "Buffer" to the plans. • "The limits of the Natural Buffer are not provided with useful dimensions on the site plan for easy identification in the field in the areas where they are less than or more than the 50' buffer line. Adding some dimensions to these areas on the site plan will aid in identifying them in the field and for future reference. Add dimensions to the Natural Buffer where it departs from the 50' buffer line. • "The Phasing plan states that all existing vegetation will be cleared and does not identify the natural buffer as an area that is not going to be cleared. Nor does it mention the trees that will be moved prior to clearing. The Phasing Plan is still under review and may have more comments at the next work session. a. Where the buffer does not rovide substantial visual screenin su�pjementl Cantu s mrwst be made to tl e buffer b lantinc enou b ar re ens and other trees and shrubs to accom Cish a dense double row of ever teen ve station. the su lets ntal l�ar�ti _rr t lie of native ever teens trans lanced from the interior of the _ra�prt�r, as well as native raver teens brow Cat ire fror�� a nurse i needed to complete the visual_ renin to the satisfaction of the nnLn A Board'. Existing trees that cannot be maintained in their current location must be moved to the buffer to the extent that the tree species and size will allow any particular tree to be moved (see Clearing section below for more details on moving existing trees). • The underlined notation must be added to the Landscape Management Plan and tree planting plans. The timing of the planting of the buffer must be discussed and shown to be done early in Phase 1 where there is little natural buffer to residential neighbors. • This will be in the final conditions • A C&R to ensure the buffer plantings are maintained in perpetuity by the Condo Association will also be required. The following (b,c,and d also will be in C&R's, with changes as noted below for item c). • The portion of the above paragraph that is not underlined was satisfied through a site visit and tagging of 50 trees to be relocated to the buffer. These trees are shown on plan TS-3 submitted 2/15/17 b. No clearing, grading or mowing may occur within the Natural Buffer area. 5 c. *Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled and native plants must be kept intact to the greatest extent practicable. • *Applicant proposes to change this to the following: • Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. • *Planning Board agrees. d. *A perimeter fence is permitted, with prior review and approval from the Planning Board required. • *Applicant stated at the 2127/17 work session that the existing fence shown around a portion of the perimeter of the property is to be removed. • No substitute fence has been proposed. 9. **All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site, and the Storm Water Pollution Prevention Plan (SWPPP) for this project. • Office of the Town Engineer has stated that the calculations provided meet the minimum requirements of Town Code Chapter 236 for Stormwater Management, except for the Grass-paver emergency access area. • An emergency access roadway consisting of Grass Pavers has been indicated in the North Westerly area of the Site. Drainage has not been shown or indicated. This item will be required. A smaller Runoff Coefficient will be considered for Grass Pavers subject to validation. 10.Clearing a. Limits of clearing will be established for each phase of development according to the Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. b. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. 6 c. The land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. • This item needs to be added as a note to any plans that describe the clearing or sequence of events including clearing (phasing plans, erosion control plans, phasing narrative d. Existing native evergreens and shrubs will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where appropriate. Trees or shrubs that will be transplanted to the buffer must be flagged, the location where they will be transplanted identified, all to be inspected on site and approved by the Planning Board or their designee prior to clearing. e. Existing trees outside of the Natural Buffer with high wildlife value, such as oak species, will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Particularly valuable trees (e.g. oaks >7" dbh) may require some adjustment to the location of grading, drainage and septic systems to preserve them. These trees will be marked by the Planning Board or their designee during their site inspection prior to clearing. f. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. g. No tree removal June 1 through July 31 (see Northern long-eared bat section below) h. Northern long-eared bat (Myotis septentrionalis) To minimize loss of northern long-eared bats, the following actions shall be taken: i. Trees around the perimeter shall be preserved within the Natural Buffer shown on the site plan. ii. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. iii. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. iv. Tree removal will be avoided during the pup season from June 1 through July 31. i. April 15 through October 15: Prior to beginning clearing, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are 7 protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: i. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. ii. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort iii. Timing of survey (a) The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. (b) Surveys must be conducted at the time day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. iv. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. v. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. vi. The bottom of the silt fencing must be buried in a 44nch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. vii. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. viii. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). ix. The barrier should be installed immediately prior to the required survey. x. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. A. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. xii. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st) — Once per month a person familiar 8 with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. xiii. Outside the Turtle Active Season (November 1 st through March 31 st) If the barrier has been left in place over the winter months and construction is on- going, a biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. xiv. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. xv. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 11."Irrigation system — Submitted and complete —see below for details. a. The boundary between the permanent irrigation area and the Natural Habitat Maintenance Area must be marked and inspected by the Planning Board or their designee prior to installation. b. The area covered by long-term/permanent irrigation is limited to 319,103 sf(7.3+/- acres) of the land area of the site. ■ *Items b., c., & d. proposed to be removed due to the main issue being water usage. Future enforcement will be more practical with a simple maximum usage of 25,000 gallons per day for irrigation from separate private wells on the property. c. Irrigation of the 281,533 sf turf area must not exceed a maximum of 0.08 GPD per sf, the equivalent of 0.9-inch depth of water per week during peak summer season. ■ *See b. above d. Irrigation of the 37,570-sf shrub bed area must not exceed a maximum of 0.06 GPD per sf, the equivalent of 0.7-inch depth of water per week during peak summer season. ■ *See b. above e. The overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season, May through October. 9 f. The use of drip irrigation systems is required for irrigation of plantings other than lawn areas. g. The use of soil moisture sensors is required to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary. h. Irrigation must be conducted so that it occurs in phases on alternating days, and the entire area is not irrigated at the same time. i. Irrigation Well(s) i. Separate wells must be used as the source for all irrigation to reduce the use of water from the Suffolk County Water Authority's system. ii. A sufficient number of wells must be provided to spread out the impact and avoid a cone of depression that lowers the water table, or upconing that results in salt water intrusion that could affect the wells of neighbors. iii. The irrigation well(s) must be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority to the satisfaction of the Planning Board. The location of the well(s) must be shown on the final site plan. iv. The well or wells must include a meter to monitor the use of water for irrigation.A report of the number of gallons of water used each month for irrigation must be sent annually to the Planning Board. v. The pump for the well(s) shall not create noise that measures more than 50dB at the nearest residential structure. 12.Planting & Vegetation Maintenance — not yet reviewed in detail a. The project site must be maintained with vegetation in accordance with the _ approved Planting Plans. b. Lawn and Shrub Permanent Irrigation Area i. At least 50% of the plants in the non-turf areas must be native species with moderate to high drought tolerance. ii. Lawn areas must be seeded or sodded with turf species with deeper root systems and greater drought tolerance than conventional turf species. The specific seed mix must be approved by the Planning Board prior to planting. iii. An organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts 10 native topsoil, to increase its water-holding capacity. Provide a statement on the planting plan or soil management plan (or both) that identifies when and how this will occur. iv. Coarse mulch at a minimum depth of 3" is required on all planted material. c. Natural Habitat Maintenance Area (non-irrigated areas) Vegetated areas outside the permanent irrigation zone and outside the Natural Buffer Area shall be managed for native vegetation and wildlife habitat. i. All plantings in this area shall be native, drought tolerant, low-maintenance plant species, as shown on the approved Planting Plans. ii. The two large drainage swales to be cleared in Phase 1 shall be seeded with the native plant mix as soon as possible after grading. iii. Mowing Maintenance Requirements (a) Timing - No mowing from May through October 15 to avoid turtles and other wildlife. (b) Rotation - Mowing is permitted at a maximum of once a year after October 15, once every two years is preferable.Another option is to mow half the area one year, and the other half the next year. (c) Mower Style —Avoid flail mower heads with guide bars that ride along the ground. (d) Height— No less than 7 inches of stubble height must be retained to retain important cover for animals, and reduce mortality of turtles. (e) Pattern - Mow in a pattern from the center outward to avoid congregating fleeing animals into the center. (f) Invasive or noxious plant removal by hand-pulling or organic herbicides only. Native plants to be maintained d. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. e. Natural Buffer Area i. No mowing permitted ii. No clearing permitted. 11 iii. Removal of invasive or noxious plants by hand-pulling only.. iv. Dead or diseased trees that are a potential hazard to residences or people may be removed with prior Planning Board approval, and with a report from the certified arborist that the tree is dead or diseased. Any trees removed must be replaced with a tree of a size and species approved by the Planning Board. f. Fertilization i. Fertilizer will be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary. ii. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent minimum is permitted to be used. This practice will allow for slow release of nitrogen, driven only by biological activity, typically in soil temperatures above 550 F, and will prevent nitrogen leaching. iii. A maximum of 1 lb of nitrogen per 1000 square feet in any one application with cumulative application of no more than 2 Ibs per 1,000 square feet per year is permitted. g. Synthetic herbicides and pesticides are prohibited h. Survivability of Plantings The developer is responsible for all planted/transplanted vegetation to survive at least three years from the time each phase is completed, or be replaced at the expense of the developer. After the three years, the condominium association will be responsible for maintaining the vegetation as approved in the site plan. 13.Construction a. *Temporary Construction Route directly to Depot Lane over the property to the east. Provide a separate dedicated temporary construction route over property with direct access to Depot Lane, or this is not possible, demonstrate a good faith effort was made to use the temporary construction route by providing the Lead Agency with written evidence of such, prior to the final site plan approval. ■ *Submitted letter stating person leasing the farm is not interested in providing access over the land to Depot Lane. 12 b. During construction, emission controls for construction vehicle emissions will include, as appropriate, proper maintenance of all motor vehicles, machinery, and equipment associated with construction activities, including the maintenance of manufacturer's noise muffler equipment or other regulatory-required emissions control devices. ■ *Submitted & accepted. c. Excessive or unnecessary idling of construction equipment engines is prohibited. ■ *Submitted & accepted. d. Construction Traffic Management and Logistics Plan ■ Submitted and Under review A Construction Traffic Management and Logistics flan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if,any) and operation schedules of area schools) and address community, concerns (if any). The plan must include, at a minimum, the following: i. A notice provided to all contractors and subcontractors accessing the site about the following: (1) Area speed limits, (2) Public and private school safety zones (3) Residential neighborhoods (4) No access to or from site over Spur Road. ii. Days/hours of proposed construction activity iii. Parking areas for workers and heavy vehicles iv. Construction staging areas V. Measures to ensure protection of land and integrity of local roadways vi. Construction V"ehiicle Route Designation Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission. e. The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: i. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. ii. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. 13 iii. No construction activities are permitted on Sundays, year-round, and the following holidays: (a) New Year's Day (b) Memorial Day (c) Independence Day (Fourth of July) (d) Labor Day (e) Thanksgiving Day (f) Christmas Day 14.Transportation Improvements (off-site mitigation) a. The Heritage at Cutchogue must design and construct the re-alignment of the intersection of Schoolhouse Road and Griffing Street so the two roads meet at approximately a right angle. ■ Submitted & under review by Town Engineer b. The following signage must be installed prior to the start of any site work, at the expense of the Heritage at Cutchogue: i. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection. ii. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. iii. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. c. Install a crosswalk from the east side of the Heritage at Cutchogue's driveway across Schoolhouse Road. The installation of this crosswalk will be at the expense of the Heritage at Cutchogue. ■ Submitted d. Install a sidewalk (approximately 600 feet in length) that connects the crosswalk and the Heritage project site to the sidewalk existing in front of the Post Office. The installation of this sidewalk is planned to be done by the owner of the land on the east side of Griffing Street. In the event the sidewalk has not been installed by the time the Heritage at Cutchogue is ready to begin Phase 4 of this proposed 14 development, the Heritage will be responsible for its design and construction, subject to the approval of the Planning Board, the Office of the Town Engineer and the Town Highway Superintendent. ■ Submitted 15.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 16.Emergency Access The emergency access to Bridle Lane shall be used for emergency access only. No other traffic, including construction traffic, is permitted. 17.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 18.All utilities must be underground. 19.No parking allowed in the streets in the project site due to their narrow width. 20.A gate at the entrance to the development is not permitted. 21.Disposal of Pharmaceuticals: Homeowners shall be given notice on proper methods of disposal for pharmaceuticals and instructed not to dispose of such materials in the wastewater disposal system. 22.Bike racks shall be provided at the community center and the tennis court. 23.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 24.Residential Units: a. There shall be no more than 124 residential units. b. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with 15 a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. c. The architectural design of the residential units must be harmonious with the vernacular style of the surrounding residences, with rooflines that have multiple peaks and dormers, and facades that mix wood shingles and stone. Final architectural designs for the residential units must contain, to the extent possible for attached units, a variety of individual design elements, including a diversity of house shapes and colors to avoid repetitive, monotonous design that is out of keeping with community character. d. All buildings must be constructed and finished according to the architectural designs approved by the Planning Board. e. No buildings shall be within 100 feet of the westerly property line of the subject property. f. The setback of the residential units to the eastern property line of the adjoining working farm shall be no closer than 79 feet. g. Basement ceiling height shall be no more than 8 feet; h. Basement windows shall be less than five square feet in size; i. The use of low-flow plumbing fixtures within the residential units and the community building is required. j. The maximum livable floor area for all units together shall not exceed 219,076 square feet. Livable floor area, for the purpose of all conditions in this conditional approval, is defined as all spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Such "floor area, livable"' shall not be deemed to include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basement having a window area of less than 10% of the square foot area of the room, all of which are specifically excluded from "floor area, livable"; k. The maximum livable floor area in any one unit must not exceed 1,999±-sf. 16 I. No conversions of garages to livable floor area are permitted; m. No conversions of screen porches to livable floor area are permitted ; n. No additions are permitted; o. Construction of all buildings shall comply with New York State Energy Conservation Construction Code, which requires the use of appliances, heating and cooling systems, windows and doors that meet Energy Star guidelines. 25.Clubhouse a. Provide solar panels on the clubhouse. b. Provide a first aid station in the clubhouse. 26.Open Space • OS-1 is incorrect— Must be replaced a. At least 50% of the site (23+/- acres) shall be set aside as open space in perpetuity. b. No structures permitted, except a perimeter fence may be allowed. i. Any proposed fence along the perimeter must be reviewed and approved by the Planning Board prior to installation. c. Vegetation Maintenance —as approved in the Planting Plans. The following conditions are to be completed prior to final site plan approval: All submitted items must be reviewed and approved by the Planning Board. 1. A guaranty of performance is required. An-estimate of the guaranty must be reviewed and approved by the Planning Board. • *Working with Town Engineer to provide an estimate for a performance guaranty • More specific language regarding what will be guaranteed: "A guaranty of performance pursuant to Section 280-131(K) for "other on-site improvements (not including on-site roads, drainage, and utilities) as well as a guaranty of performance for off-site improvements shall be fixed by the Planning Board in the final site plan approval, based upon the Town Engineer's estimate of the cost of these improvements." 17 2. Any changes to the plans must be reviewed by the Southold Town Building Department for compliance with Town Code, and the use certified by the Building Inspector pursuant to Town Code §280-131 F(1). • Meeting with Chief Building Inspector this week to review plans for compliance. 3. Provide a letter of water availability from the Suffolk County Water Authority. • 1/12/2016 letter from SCWA— review— may need something further from SCWA based on revised plans showing irrigation wells. 4. An approval stamp from the Suffolk County Department of Health Services on the site plan must be provided for Planning Board review. 5. Provide a draft of the Covenants and Restrictions (a template will be provided by the Planning Board) that includes the relevant ongoing conditions in this approval. • Staff will provide a draft at the next work session 6. Provide the details for Construction Phase 1 about the specific UA OWTS system that will be used for sanitary waste disposal. Phases 2, 3 &4 may use the same or different systems under the same program that meet the specification of nitrogen in the effluent at 19 mg/L or less • This condition has been met 7. Provide the details regarding the method of obtaining the data for the annual report to the Planning Board that will provide evidence that the I/A OWTS systems in use for all sanitary systems are meeting the specification of nitrogen in the effluent at 19 mg/L or less. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. • Plans currently have a general statement that annual reporting will be in accordance with SCDHS. The Final Approval could include a condition that simply states that there will be annual reporting provided to the Planning Board. 8. Plans to be submitted, reviewed and approved by the Planning Board: a. Storm Water Pollution Prevention (SWPPP) 18 The SWPPP will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after, and is also subject to the review and approval of the Office of the Town Engineer. • Submitted • Under review by Town Engineer b. Road and drainage plans, also subject to the review and approval of the Office of the Town Engineer. • Submitted • Under review by Town Engineer c. Provide a Construction Traffic Management and Logistics Plan as described above. • Submitted d. Provide architectural designs to demonstrate that the options will allow for a variety of individual design elements, including a diversity of house shapes and colors, and that the completed project will avoid repetitive, monotonous design that would be out of keeping with community character. Not yet Submitted e. Provide floor plans for all unit types of sufficient detail and with all dimensions necessary to determine total livable floor area. Total livable floor area for each room must be labeled. Provide a table on the floor plan with the floor area of each room and area meeting the definition of livable floor area as described above to demonstrate how the total livable floor area was calculated for each unit type. • Not yet Submitted f. Irrigation plan i. Provide an irrigation plan that meets the conditions stated above. • None provided, however sufficient information regarding irrigation has been provided —well locations, total gallons per day permitted, & monitoring requirement. g. Planting Plans - Submitted i. The narrow areas of land in between the buildings proposed to be managed as native meadows are not practical due to their narrow shapes and locations. Provide planting plans that revise the arrangement of non-irrigated areas so 19 they are better able to be managed as natural habitat. Do not exceed the maximum area allowed to be irrigated (7.3 acres). An alternative would be to manage those narrow peninsulas between the buildings as natural lawn areas (non-irrigated, non-fertilized, no pesticides or herbicides), and identify them as separate from the Natural Habitat Maintenance Area (the rest of the non- irrigated area). ii. Provide a statement on the planting plan indicating how and when the organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. iii. Provide a table of attributes necessary for a plant to be considered drought tolerant on the planting plan, and for each species proposed, identify which attributes that plant possesses (including the proposed turf species). iv. Include each plant's natural range of occurrence to help identify whether it is native. V. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. vi. Provide details on the Planting Plans for the management and maintenance of the Lawn, Plantings, Natural Buffer, and Natural Habitat Maintenance Area as described in the conditions above. vii. Provide a plan for short-term irrigation of the areas without permanent irrigation, including the following: (a) Quantity of water expected to be used for temporary irrigation of these plantings (b) The source of the water . (c) The method by which it will be delivered to the plants (d) The duration of the temporary irrigation h. Construction Phasing Plan — Revise as follows: • Currently under review i. Remove from Phase 1 the clearing of the length of road running from the Emergency Access to the cul-de-sac, and add this to Phase 4. No clearing of this short section of road is permitted until Phase 4. 20 ii. State the amount of land to be cleared in each phase. iii. Provide the methods by which land will be cleared. iv. Provide the dimension of the width of the road and road surface during Phase 1 in the areas that pass through the other Phases. V. Areas to be graded during each phase. vi. Identify the drainage to be installed during each phase. vii. Identify the number of residential units to be constructed in each phase. viii. Identify other improvements and site work to be completed in each phase. i. Provide a detailed Soil Management Plan, to be reviewed and approved by the Planning Board and the Office of the Town Engineer, that includes all soil erosion prevention measures and including the following: • Submitted and under review by Town Engineer i. The buffer must be fully planted (see "Planting conditions" herein) before scraping of topsoil and grading can begin. ii. A dust control and watering plan will be instituted to prevent surface and air movement of dust from disturbed soil surfaces. iii. Use a water truck on site to control dust. iv. Stabilize exposed soil surfaces as required. V. Stabilize all soil stockpiles and exposed soil as required by best practices, including temporary seeding and other measures. vi. The plan will include details about best management practices for minimizing the size of exposed-areas and the length of time areas are exposed. vii. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. The construction entrance will be maintained until the site is permanently stabilized. viii. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties or roadways. 21 ix. Drainage inlets will be protected through the use of sediment barriers and traps as required. X. Sediment barriers and other erosion control measures will remain in place until disturbed areas are permanently stabilized. A. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. xii. Provide details about the import and export of soil, sand, loam, and topsoil for each construction phase. xiii. Details about the removal of any sand or other material from the site including the amount and identification of the location from where materials will be removed. xiv. Provide a detailed cut and fill plan. xv. Arsenic mitigation for contaminated soil will include the following: (a) Topsoil will remain on-site post development and be re-used. (b) Topsoil in the developable areas will be stripped and stockpiled in four areas, one at the beginning of each phase of the project. (c) Topsoil will not be buried, nor will there be berms created around the perimeter with contaminated soil. (d) Topsoil will be mixed during the generation of the stockpiles to reduce the concentrations of arsenic to below 13.0 mg/kg. (e) Testing protocol for testing soil stockpiles for arsenic will be provided for Planning Board review and approval prior to final site plan approval. (f) Prior to being re-used, new tests will be conducted on the stockpiles, which will be re-sampled and analyzed for arsenic. Stockpiles with arsenic concentrations below 13.0 mg/kg (the most conservative NYSDEC standard; UUSCO) will then be re-used on-site. If stockpiles are identified with arsenic concentrations above 13.0 mg/kg, then sand from on-site construction activities (e.g., installation of foundations, utility trenching, etc.), and/or imported organic-rich topsoil will be mixed into the stockpiles to reduce the concentrations of arsenic and the topsoil will be re-tested. Only topsoil containing concentrations less than 13.0 mg/kg, after mixing, will be permitted to be re-used. 22 (g) Protocol for mixing and retesting soils that test positive for arsenic contamination at a level greater than 13 mg/kg, including ensuring the topsoil to be re-used is not made overly sandy and can support plants. (h) Safe practices during the transplanting of trees to reduce contact with potentially contaminated soil and dust. J. Community Air Monitoring Plan (CAMP) Prepare a Community Air Monitoring Plan (CAMP) that monitors air quality and provides controls during construction. Guidance for the preparation of a CAMP is provided below from the New York State Department of Health's Generic Community Air Monitoring Plan: • Submitted and completed, no further review necessary. i. The CAMP must require real-time monitoring for particulates (i.e., dust) at the downwind perimeter of the work area. The CAMP is intended to provide a measure of protection for the downwind community (i.e., off-site receptors including residences and businesses and on-site workers not directly involved with the subject work activities) from potential airborne contaminant releases as a direct result. Additionally, the CAMP helps to confirm that work activities did not spread contamination off-site through the air. ii. Continuous monitoring will be required during all soil excavation, grading and handling activities. iii. Particulate Monitoring, Response Levels, and Actions: Particulate concentrations should be monitored continuously at the upwind and downwind perimeters of the exclusion zone at temporary particulate monitoring stations. The particulate monitoring should be performed using real-time monitoring equipment capable of measuring particulate matter less than 10 micrometers in size (PM-10) and capable of integrating over a period of 15 minutes (or less) for comparison to the airborne particulate action level. The equipment must be equipped with an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration should be visually assessed during all work activities. iv. If the downwind PM-10 particulate level is 100 micrograms per cubic meter (mcg/m3) greater than background (upwind perimeter) for the 15-minute period or if airborne dust is observed leaving the work area, then dust suppression techniques must be employed. Work may continue with dust suppression techniques provided that downwind PM-10 particulate levels do not exceed 150 23 mcg/m3 above the upwind level and provided that no visible dust is migrating from the work area. V. If, after implementation of dust suppression techniques, downwind PM-10 particulate levels are greater than 150 mcg/m3 above the upwind level, work must be stopped and a re-evaluation of activities initiated. Work can resume provided that dust suppression measures and other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 mcg/m3 of the upwind level and in preventing visible dust migration. 9. Provide written evidence that a good faith effort was made to use a temporary construction route over property with direct.access to Depot Lane. ■ Submitted 10.Transportation Improvements a. Provide a plan with the design for the re-alignment of the intersection of Schoolhouse Road and Griffing Street, and the crosswalk, as described above. The design and the timing of its completion are subject to approval by the Town Engineer, Town Highway Superintendent and the Planning Board. • Submitted and under review by Town Engineer b. The Southold Town Planning Board, upon adoption of this resolution, will make a recommendation to the Town Highway Superintendent and the Town Board that the signs listed below be approved: i. Stop signs in both directions at the intersection of Schoolhouse Road and Griffing Street. ii. Stop sign at the end of Schoolhouse Road where it meets Depot Lane. iii. No Left Turn sign at the end of Griffing Street where it meets State Route 25 (NYSDOT approval may be required for the placement of this sign-, depending on its location). ■ Applicant proposes that item iii not delay implementation of the project due to the uncertainty of whether it will be approved by the Town Board or NYSDOT. 11.Emergency Access i. Provide an illustration of the sign(s) to be posted at both ends of the emergency access lane. Emergency Access Only &Weight Limit supported by the access. • Sign illustrations have not been located in the plans 24 ii. Provide plans for the mountable curbs at both ends of the emergency access. • Details on the connection of the emergency access to the street pavements on either end have not been located in the plans. iii. Emergency access design and signage to be approved by the Cutchogue Fire District. • This will be referred to the Cutchogue Fire District upon receipt of the proposed signage, and including item iv below. (Site Details C-6, C-7, Layout Overall and Detail —any other plans they will need?) iv. Timing of the installation of the emergency access to be determined by the Cutchogue Fire District. • Include in referral to the Cutchogue Fire District. 12. Interior circulation /functionality: a. Provide a detailed signage plan for the interior of the site; Submitted b. Provide street names for review and approval by the Town Highway Superintendent; c. Provide the location of Speed Limit Signs and proposed Speed Limits for interior roadways. d. Provide a sign at the entrance stating that no parking is allowed on the street within the project site. e. Add a notation to the site plan on the booth at the entrance: "unmanned booth". f. Add a sidewalk to extend along the north/east side of entrance driveway to connect with Schoolhouse Road. Submitted (Offsite Improvement Plan) g. Designate how mail will be distributed and note this on the site plan; Submitted C- 2.0 h. Show the location of bicycle racks at the community center and tennis court on the site plan; i. Provide dumpster location on the site plan; j. Clarify whether existing perimeter fencing is to remain or if there is a new perimeter fence proposed, and if so, describe material and height; Submitted — "chain link fence to be removed" notation on C-2.2. 25 k. Provide sign renderings and dimensions at entrance pursuant to §280-80 of the Town Code; I. Provide the height of the proposed pool fencing; m. Provide the hours of operation for lighting of the pool; n. Remove depictions of all exterior light fixtures from all plans except the photometric plan and the overall layout plan; 13.Revise the site plan to move and screen the tennis court. a. Move the tennis court out of the 50' buffer (farther away from both property lines). • Submitted C-2.2 b. Provide a planting plan to screen the tennis court with evergreens on the two sides closest to the property line. • Submitted C-2.2 c. Provide the correct height and material of the tennis court fencing (two different heights and materials provided on the plan), and obtain variances from the Zoning Board of Appeals to the extent required for fences that do not comply with Town Code. • Not Submitted —the discrepancies between C-2.2 (8' fence) and C-7 (10' fence) remain 14.Sequence of Construction: Provide a comprehensive sequence of tasks, in the order in which they will occur, to complete the site work for each phase of this project, and includes all the relevant conditions listed herein. These include but are not limited to the timing of installation of stop signs on Schoolhouse & Griffing, staking areas to be cleared, tagging possible trees to remain or be transplanted, inspections by Planning Board, wildlife surveys, transplanting trees into the buffers, clearing, scraping topsoil, stockpiling, grading, installation of utilities, testing, amending and spreading topsoil, installation of irrigation, planting, constructing buildings, paving roads, and installing sidewalks. • Submitted 26 Io �ost b , liaart to bo in site work rirr to final site Ian a royal Considerations. 1. No clearing allowed in June and July 2. August is typically dry and not a good time for clearing and grading — more potential nuisance to neighbors trying to enjoy their back yards in summer than in spring. Items that would need to be addressed prior to beginning site work (if the Board were to allow it to begin prior to final site plan approval. 1. Phasing Plan Narrative additions required. a. Inspections by Planning Board and Office of the Engineer to be added to the list. 1. Binder course (stone blend) required to be placed on the road prior to foundation construction. Initial pre-construction meeting with engineers 2. Planning Board inspection of limit of clearing for each phase after they are staked. 3. Planning Board inspections of clearing operations periodically as they are occurring and prior to Soil Management step.Also inspection of the area staked for soil stockpile. b. Move the "buffer restoration" work (from Condition 8. a.) to earlier in the process. If possible just after Clearing and Grubbing and during "tree relocation", and before soil stripping, especially in areas where there is little natural buffer existing between work areas and existing residences. c. Off-site improvements — add earlier in the process, prior to any work beginning, the stop signs and stop lines for the intersection of site driveway/Schoolhouse Lane & Griffing St., they will be in temporary locations until the rest of the Off-site improvements are completed. Planning Board will need to get Town Board peso on this after a public hearing so the timing of these could be as soon as that approval is achieved instead of making them wait to begin all work until that is done. d. Phasing plan narrative must be added and made consistent with the Phasing Plan notes. e. The wildlife sweeps are specifically for box turtles and trees that show signs of bat roosting for long-eared bats. 27 1) That documentation must be kept of the dates, times, area covered, name and qualifications of personnel involved in wildlife sweeps and submitted to the Planning Board after completion and before clearing. 2) Later phases also need these details, including the times when turtle search must occur (between Nov.1 &March 31 no turtle search required before clearing.) 2. We still have an outstanding requirement to potentially leave some trees in place. This requires another site visit. It should not be ignored. There may be some healthy oaks or large cherry or other species of a good size that could be kept intact. A good time for this would be during the inspection of the areas marked to be cleared at the beginning of each phase. It would be obvious if a particular tree could be saved at that point. Identifying them now would be too difficult. 3. Tree Relocation Plan also needs to be shown with Phasing plan to help identify when there are trees to be relocated in each phase. 4. The Clearing and Grubbing step needs to refer to the Natural Buffer specifically and that is must not be cleared. 5. The Natural Buffer needs to be given dimensions on the plans to assist with field inspections where ever it deviates from the 50' buffer line. 6. The Natural Buffer must be identified as "Natural Buffer" on the plans and it must be stated on the plans that the Natural Buffer is not to be cleared ("area to remain natural" isn't enough). 7. Notation on Phasing Plan states all of the area in each phase will be cleared, and the Natural Buffer is included in the phase. The plans must show that the Natural Buffer area will not be cleared. 8. In the Phase Plan notes, the drainage systems to be installed are not all identified (or don't seem to be)for each phase. For e)(ample, part of Drainage system C is in Phase 1, however it isn't mentioned. This needs to be corrected. 9. Need a property line monument about halfway up the long property line along the east side to assist with field inspections. 10.Bond estimate a. Submitted by applicant b. Reviewed and approved by Town Engineer c. Reviewed and approved by Planning Board resolutions 28 d. Reviewed and approved by Town Board resolution 11.The full set of plans and all aspects of them have not yet been completely reviewed. Only certain plans would be required to be revised, submitted and reviewed prior to allowing the start of site work, including: a. Phasing Plan and revised Phasing Plan Narrative 12.The full extent of site work allowed to proceed prior to final site plan approval would need to be identified specifically. 13.The Planning Board will need to consult with the Office of the Town Engineer and the Building Department on any other requirements prior to proceeding with a written approval to begin work prior to final site plan approval. 29 PARKWA CE 1.11 i y� m A A 't BALI ti 7 lOO MOTOR UITALUI',SUITE 788 11 L V L/.��.L\Vp �\Vp HAUI'PALK;E,NY 11788 pltip'C:631.979.3000 Faa:6.31.979.7070 www.cert ihnanbahn.uo JOHN M.WAGNER �� b l PARTNIER iw nerCa�ce 'lman a mcom ° ' �I,,;v' _ f March 10, 2 T7- BY E-MAIL AND FEDEX DELIVERY Planning Board of the Town of Southold Town Hall Annex (Capital One Bank Building) 54375 State Route 25 P.O. Box 1179 Southold, NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Road, in Cutchogue, Town of Southold,New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC (hereinafter "Heritage"), the applicant for the above-referenced site plan application. Following up on prior discussions, we hereby request, on Heritage's behalf and pursuant to Section 280-130(B) of the Town Code, that the Planning Board authorize Heritage and its contractors to commence Phase I tree relocation and removal, and clearing for such work, prior to final site plan approval. The subject application received conditional site plan approval on November 7, 2016. While the applicant and Planning Staff have been working, since that time, to satisfy the conditions of approval, it does not appear that all conditions of site plan approval, including approval from the Suffolk County Department of Health Services (SCDHS), will be met, and final site plan approval will be issued, a sufficient time before June 1, 2016 to allow removal and required relocation of trees in Phase 1 of the subject project to be accomplished before that date. This is significant because the site plan approval conditions prohibit tree removal during the two-month period between June 1 and July 31, due to concerns that such removal not take place during the putative "pup season" for the northern long-earred bat. CERI'1LMAN BALIN ADLET�&HYMA: ,LLP 5951473.1 NASSAU OFFICE:EAST MEADow,NY 11554 Planning Board of the Town of Southold March 10, 2017 Page 2 of 2 Heritage believes it would be most beneficial to the neighborhood for all Phase 1 tree removal and relocation, and site clearing for such work, to be completed prior to June 1. Otherwise, such tree removal and relocation, and associated clearing, will need to be put off until August, the height of the summer season, when local residents will likely be spending the most time out-of-doors. We respectfully request that the Planning Board act favorably on this request, and we thank the Board for its courtesies. Very truly yours, , V'10/1�)jer:� John M. Wagner cc: William M. Duffy, Town Attorney Frank A. Isler, Esq. Jamie Richter, R.A., Town Engineer Michael, J. Verity, Chief Building Inspector Richard F. Lark, Esq. 5951473.1 Submission Without a Cover Letter �6bf Sender: �r� 1 La U .. f)1, 9 20 Subject: u SCTM#: 1000 - � �Z— I • 3�j , '�j Date: Z 19 11 -7 Comments: FJ lal oLy-\5 rlt : Cl use e l WO:h dYi5 OMAILING ADDRESS: PLANNING D MEMBERS P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS PIERCE RAFFERTY dr 54375 State Route 25 JAMES H.RICH III `, V w ( 'k (car. Main Rd. &Youngs Ave.) MARTIN H.SIDOR NOUN 1�,� Southold, NY Telephone: 631 765-1938 www.southoldtownny-gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Thompson, Chairperson, Architectural Review Committee From: Brian Cummings, Planner Date: March 7, 2017 Re: Request for Review: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 The Planning Board refers this Site Plan Application to your committee for your review and comments. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A"" units (1,999 +/- sq. ft, livable area), 72 "'Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq, ft, livable area). In addition, there are proposed the following: a 6,188 sq. ft, community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 258 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-102.-1-33.3 Thank you. Encls: Site Plan Application Building Elevations r- Submission Without a Cover Letter A P,R 0 ,»'/,' 211S1 Planiijfqj�Mail Sender: �h fl/ I Subject: `�� p ,`p SCTM#: 1000 - Date: 516117 Comments: r MAILING ADDRESS: PLANNING S0114 P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS 01 Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III '�,, (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR .,Cou Southold, NY Telephone: 631 765-1938 www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 2017 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Grifgng St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board reviewed the application referenced above at their 2/27/17 Work Session and found several items to be submitted at your earliest convenience as follows: 1. Architectural plans for all unit types in accordance with Condition #24 c. of the November, 2016 Conditional Approval: a. Elevations; b. Floor plans. 2. Traffic Engineer's statement supporting allowing parking on this private road where the Town Code prohibits it on public streets of the same width. 3. Emergency Access detail about weight-bearing capacity of grass paver system. 4. Proposed street name(s). 5. Entrance sign renderings and dimensions (second condition 12.k.). 6. Letter of water availability from Suffolk County Water Authority (for 2�d tap) and re-send a copy of the original letter of water availability. The Planning Board also discussed the following: 1. With regard to your request to begin clearing prior to final site plan approval, the Board stated that they would have a better idea of whether this is possible at their March 13th Work Session. The Heritage Page 2 March 6, 2017 2. With regard to your request to receive final site plan approval prior to having approval from the SCDHS for the clubhouse's I/A OWTS sanitary system, the Board agreed this could be done if the clubhouse had approval for a standard septic system, with a condition that construction couldn't begin on the clubhouse until the I/A OWTS was approved for it. 3. Correct the discrepancy in tennis court fence height among plans (8' on one plan, 10' on the other). Do not submit new plans until after the final review is completed. 4. Correct OS-1 to show the opens space (do not include phasing or other hatching on this plan). Do not submit this corrected plan until after the final review is completed. 5. The Board agreed to alternative language for Condition 7.a. replacing "all work must be completed" with "certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase". 6. With regard to Condition 8.f., the Board agreed that providing the location of the irrigation wells (6), and monitoring the maximum amount of water to be used daily for irrigation (25,000 gallons per day) are sufficient information for now, with specific irrigation plans to be submitted at a later phase of the project (after final approval of the site plan). 7. With regard to the performance guaranty (second Condition 1.), the Board agreed to additional language clarifying this condition as follows: A guaranty of performance pursuant to Section 280-131(K) for "other on-site improvements (not including on-site roads, drainage, and utilities) as well as a guaranty of performance for off-site improvements shall be fixed by the Planning Board in the final site plan approval, based upon the Town Engineer's estimate of the cost of these improvements. 8. With regard to the requirement for a sign at the entrance stating "No Parking on the Street", the Board has agreed to allow parking on one side of the street, found the addition of"No Parking" signs along one side of the streets to be acceptable. 9. Provide a "no overnight parking on the street" sign, to be posted at the entrance. 10.Pool fence height will be determined by the pool division of SCDHS, which eliminates the need for second condition 12.1., requiring the height of the pool fence to be provided. 11.With regard to the second condition 12.n. to remove lighting notations on multiple plans - this is not necessary. 12.Several notations on the site plans were identified as either missing or requiring correction. These will be compiled into a single list after the review is completed. The Heritage F ,g....q._L 3 March 6, 2017 If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office, Very truly yours, Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. Southold Town Planning Board Work Session — February 27 2017 -- Page 2 Project Name: I The Heritage at Cutchogue 2015 SCTM#: 1000-102-1-33 3 Location: f 75 Schoolhouse Road, on the n/w corner of Griffing Street and School j House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This proposed Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor _ swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Status: ...... Pending Action: Review revised plans Attachments Staff Report Project Name: Bid Bind & Little Bind SCTM#: 1000 95-1-7.2 & 8.3 Location: 6795 Oregon Road, approximately 1,481 ft. west of Duck Pond Road, Cutchogue Description: This proposal is for a 75/75 split cluster Conservation Subdivision subdividing two R-80 and AC split-zoned parcels, SCTM#1000-95-1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres) totaling 84.76 acres into 9 lots where: Lot 1 equals 4.09 acres; Lot 2 equals 39.58 j acres upon which development rights are proposed to be sold to Suffolk County; Lot 3 equals 23.45 upon which development rights are proposed to be sold to Suffolk County; Lot 4 equals 1.64 acres; Lot 5 equals 1.75, Lot 6 equals 2 acres; Lot 7 equals 4.24 acres; Lot 8 equals 2.03 acres; Lot 9 equals 1.44 acres and a proposed right-of-way which equals 4.45 acres. Status: Pending Action: Completeness Review & Discussion of Proposed Road Location Attachments: Staff Report Project Name: Hazard, David & Barbara SCTM#: 1000-103-2-1 Location: 1465 Harbor Lane, Cutchogue Description: This proposal is for a Standard Subdivision of a 5.14 acre parcel into two lots where Lot 1 = 2.47 acres inclusive of 0.03 acres of wetlands and Lot 2 = 2.67 acres inclusive of 0.08 acres of wetlands located in the R-80 Zoning District. Status: Pending Action., Completeness Review Attachments: Staff Report Discussion: ❖ Draft Comments to ZBA re: Mattebella Vineyard SCTM#1000-75-2-15.1, 46005 Route 25, Southold Executive Session: ❖ Advice from Town Attorney Southold Planning Department Staff Report Site Plan Application Work Session Date February 24, 2017 Prepared By: Brian Cummings & Heather Lanza I. Application Information Project Title: The Heritage @ Cutchogue Applicant: Same as above Date of Submission: January 2, 2015 Tax Map Number: 109.-1-33.3 Project Location: 75 Schoolhouse Road Hamlet: Cutchogue Zoning District: HD - Hamlet Density II. Description of Project Type of Site Plan: Residential Site Plan for condominiums Acreage of Project Site: ±46.17 acres Number of units 124 Other structures Clubhouse, outdoor swimming pool, tennis court, gazebo, 3 parking lots This proposal is for 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). Total maximum livable floor area of residential units equals 219,076 sq.ft; 6,188 sq. ft. clubhouse with a ±1,125 sq. ft. outdoor swimming pool, one tennis court Parking Required: 282 Multiple Dwelling (2-bedroom) = 2 stalls per unit: 72 units x 2 = 144 Multiple Dwelling (3-bedroom) = 2.25 spaces per unit: 52 x 2.25 = 117 Clubhouse (recreational facility) = 1 per 300sf: 6188 _ 30 = 21 (2 must be ADA) Parking Provided: 284 (not including driveways and tennis court parking) Garage (19'x19' min): 248 provided "Unit A" parking lot: 8 provided Visitor / Clubhouse (min 9'x 19'): 32 provided including 4 ADA Bulk Schedule/Code Requirements (HD zone) • Lot Coverage Proposed:17% • Maximum allowed: 25% • Setbacks for prino al structures in the Hamlet Density Zoning District ..... C r# .. Provided Min Re uir.e A. ...... Front yard 35' 305 7' Side 1 . ..w ,..... ... .u�. ' >_ 79.4' * Side 15' 30 comb >_ 79.4' 180 9' comb Rear yard __..... . . . .... _ 35' 75' III: Action Review revised plans submitted 1/6/2017 • Compare to conditions from the November 7, 2016 Conditional Site Plan Approval • Determine whether any revised plans need further comments from other agencies IV: Submitted • Site Plan Package (35 Pages) • Landscape Management Plan • Phasing Plan Narrative • Construction Traffic Management and Logistics Plan • Stormwater Pollution Prevention Plan (and Erosion Control Plan) • Soil Management Plan — accepted by Planning Board previously. • Community Air Monitoring Plan - accepted by Planning Board previously. • Construction Health and Safety Plan - accepted by Planning Board previously. V: Missing Items (this list is not complete) • Architectural drawings o New architect has been hired — new plans to be submitted soon according to applicant. o Old plans were missing elevations and floor plans for certain unit types —this item has never been found complete for this application. • Traffic engineer's statement regarding parking on the street to support allowing it on this private road where the Town Code prohibits it on public streets of the same width. • Emergency Access sign illustrations to be located at either end of the emergency access. • OS-1 is incorrect— Must be replaced VI: Comparison of 1/17 revised plans with 11/16 conditions of approval 1. The proposed action shall comply with all sections of Town Code Chapter §280-137 Standards for Residential Site Plans unless otherwise described in the Stipulation of Settlement. • This review by Planning staff is nearly complete • Review by Building Department to double-check compliance to be scheduled this week. 2. Innovative and Alternative Design for Wastewater Treatment - The use of alternative innovative wastewater treatment systems is required for all wastewater disposal. The project must use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-site Wastewater Treatment Systems (I/A OWTS) Program (aka Article 19). This program provides for new residential septic systems that will treat wastewater so that nitrogen in the effluent is 19 mg/L or less. The specific system(s) to be used will be one or more of the systems that receive approval by the SCDHS under their 'I/A OWTS' Program referenced above. As technology advances, different systems under this program may be chosen for later phases of the project, subject to Planning Board review and approval, and subject to meeting the specifications above. a. The plans show the proposed system for Phase 1 as the Hydro Action b. Awaiting stamped approved plans from the SCDHS The developer is responsible for the continued successful operation of the I/A OWTS until such time as the condominium owners association takes over the management of the property. An annual monitoring report must be provided to the Planning Board to ensure the level of nitrogen in the effluent remains at or below 19 mg/L which in turn provides assurance that mitigation is occurring. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. c. The items above will be included in the C&R's 3. Provide payments to the Town for the Park and Playground and Affordable Housing Buyout fees to total $2,000,000 as required under paragraph 25 of the Stipulation of Settlement. a. To be included in the final conditions (and maybe in the C&R's) 4. Project Phasing - The site will be constructed in four phases according to the Construction Phasing Plan, as approved by the Planning Board. a. The plans include four phases. This condition is met. 5. The clubhouse, pool, tennis court and associated site work must be completed and a certificate of occupancy for those amenities issued prior to certificates of occupancy being issued for any residential units. a. To be included in the final conditions 3 6. Prior to the certificates of occupancy being issued for residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. a. To be included in the final conditions 7. Prior to beginning Phases 2, 3 or 4, all work for the prior phase must be completed in accordance with the approved plans, and to the satisfaction of the Planning Board and the Office of the Town Engineer. a. Applicant proposes that a more practical assurance would be as follows: "Prior to beginning Phases 2, 3 or 4, certificates of occupancy shall have been issued for at least 75% of the units included in the prior phase." 8. Natural Buffer A minimum 50 foot natural, vegetated buffer shall be maintained around the perimeter of the property (see site plan for location and depth of the buffer, which is greater than 50 feet in some places). The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer will be identified on the site plan as "Natural Buffer." • The Natural Buffer is not labeled on the site plan. It is labeled "Area to remain natural". Adding the word "buffer" will speak to its purpose on the plan more clearly. • The limits of the Natural Buffer are not provided with useful dimensions on the site plan for easy identification in the field in the areas where they are less than or more than the 50' buffer line. Adding some dimensions to these areas on the site plan will aid in identifying them in the field and for future reference. • The Phasing plan states that all existing vegetation will be cleared and does not identify the natural buffer as an area that is not going to be cleared. Nor does it mention the trees that will be moved prior to clearing. The Phasing Plan is still under review and may have more comments at the next work session. a. Where the buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other 4 trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. Existing trees that cannot be maintained in their current location must be moved to the buffer to the extent that the tree species and size will allow any particular tree to be moved (see Clearing section below for more details on moving existing trees). b. No clearing, grading or mowing may occur within the Natural Buffer area. c. Removal of noxious, invasive plants and vines is permitted, but they must be hand- pulled and native plants must be kept intact to the greatest extent practicable. d. A perimeter fence is permitted, with prior review and approval from the Planning Board required. 9. All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site, and the Storm Water Pollution Prevention Plan (SWPPP) for this project. • Under review by Town Engineer 10.Clearing a. Limits of clearing will be established for each phase of development according to the Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. b. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. c. The land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. d. Existing native evergreens and shrubs will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where appropriate. Trees or shrubs that will be transplanted to the buffer must be flagged, the location where they will be transplanted identified, all to be inspected on site and approved by the Planning Board or their designee prior to clearing. e. Existing trees outside of the Natural Buffer with high wildlife value, such as oak species, will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Particularly valuable trees (e.g. oaks >7" 5 dbh) may require some adjustment to the location of grading, drainage and septic systems to preserve them. These trees will be marked by the Planning Board or their designee during their site inspection prior to clearing. f. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. g. No tree removal June 1 through July 31 (see Northern long-eared bat section below) h. Northern long-eared bat (Myotis septentrionalis) To minimize loss of northern long-eared bats, the following actions shall be taken: i. Trees around the perimeter shall be preserved within the Natural Buffer shown on the site plan. ii. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. iii. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. iv. Tree removal will be avoided during the pup season from June 1 through July 31. i. April 15 through October 15: Prior to beginning clearing, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11- 0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: i. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. ii. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort iii. Timing of survey (a) The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. (b) Surveys must be conducted at the time day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. iv. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. 6 v. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. vi. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. vii. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. viii. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). ix. The barrier should be installed immediately prior to the required survey. x. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. xi. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. xii. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through October 31 st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. xiii. Outside the Turtle Active Season (November 1st through March 31st) If the barrier has been left in place over the winter months and construction is on- going, a biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. xiv. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. xv. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 11.Irrigation system — Submitted and complete — see below for details. a. The boundary between the permanent irrigation area and the Natural Habitat Maintenance Area must be marked and inspected by the Planning Board or their designee prior to installation. b. The area covered by long-term/permanent irrigation is limited to 319,103 sf (7.3+/- acres) of the land area of the site. ■ Items b., c., & d. proposed to be removed due to the main issue being water usage. Future enforcement will be more practical 7 with a simple maximum usage of 25,000 gallons per day for irrigation from separate private wells on the property. c. Irrigation of the 281,533 sf turf area must not exceed a maximum of 0.08 GPD per sf, the equivalent of 0.9-inch depth of water per week during peak summer season. ■ See b. above d. Irrigation of the 37,570-sf shrub bed area must not exceed a maximum of 0.06 GPD per sf, the equivalent of 0.7-inch depth of water per week during peak summer season. al See b. above e. The overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season, May through October. f. The use of drip irrigation systems is required for irrigation of plantings other than lawn areas. g. The use of soil moisture sensors is required to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary. h. Irrigation must be conducted so that it occurs in phases on alternating days, and the entire area is not irrigated at the same time. i. Irrigation Well(s) i. Separate wells must be used as the source for all irrigation to reduce the use of water from the Suffolk County Water Authority's system. ii. A sufficient number of wells must be provided to spread out the impact and avoid a cone of depression that lowers the water table, or upconing that results in salt water intrusion that could affect the wells of neighbors. iii. The irrigation well(s) must be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority to the satisfaction of the Planning Board. The location of the well(s) must be shown on the final site plan. iv. The well or wells must include a meter to monitor the use of water for irrigation. A report of the number of gallons of water used each month for irrigation must be sent annually to the Planning Board. v. The pump for the well(s) shall not create noise that measures more than 50dB at the nearest residential structure. 8 12.Planting & Vegetation Maintenance — not yet reviewed in detail a. The project site must be maintained with vegetation in accordance with the approved Planting Plans. b. Lawn and Shrub Permanent Irrigation Area i. At least 50% of the plants in the non-turf areas must be native species with moderate to high drought tolerance. ii. Lawn areas must be seeded or sodded with turf species with deeper root systems and greater drought tolerance than conventional turf species. The specific seed mix must be approved by the Planning Board prior to planting. iii. An organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. Provide a statement on the planting plan or soil management plan (or both) that identifies when and how this will occur. iv. Coarse mulch at a minimum depth of 3" is required on all planted material. c. Natural Habitat Maintenance Area (non-irrigated areas) Vegetated areas outside the permanent irrigation zone and outside the Natural Buffer Area shall be managed for native vegetation and wildlife habitat. i. All plantings in this area shall be native, drought tolerant, low-maintenance plant species, as shown on the approved Planting Plans. ii. The two large drainage swales to be cleared in Phase 1 shall be seeded with the native plant mix as soon as possible after grading. iii. Mowing Maintenance Requirements (a) Timing - No mowing from May through October 15 to avoid turtles and other wildlife. (b) Rotation - Mowing is permitted at a maximum of once a year after October 15, once every two years is preferable. Another option is to mow half the area one year, and the other half the next year. (c) Mower Style —Avoid flail mower heads with guide bars that ride along the ground. (d) Height— No less than 7 inches of stubble height must be retained to retain important cover for animals, and reduce mortality of turtles. 9 (e) Pattern - Mow in a pattern from the center outward to avoid congregating fleeing animals into the center. (f) Invasive or noxious plant removal by hand-pulling or organic herbicides only. Native plants to be maintained d. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. e. Natural Buffer Area i. No mowing permitted ii. No clearing permitted. iii. Removal of invasive or noxious plants by hand-pulling only. iv. Dead or diseased trees that are a potential hazard to residences or people may be removed with prior Planning Board approval, and with a report from the certified arborist that the tree is dead or diseased. Any trees removed must be replaced with a tree of a size and species approved by the Planning Board. f. Fertilization i. Fertilizer will be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary. ii. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent minimum is permitted to be used. This practice will allow for slow release of nitrogen, driven only by biological activity, typically in soil temperatures above 55' F, and will prevent nitrogen leaching. iii. A maximum of 1 lb of nitrogen per 1000 square feet in any one application with cumulative application of no more than 2 Ibs per 1,000 square feet per year is permitted. g. Synthetic herbicides and pesticides are prohibited h. Survivability of Plantings The developer is responsible for all planted/transplanted vegetation to survive at least three years from the time each phase is completed, or be replaced at the expense of the developer. After the three years, the condominium association will be responsible for maintaining the vegetation as approved in the site plan. 10 13.Construction a. Temporary Construction Route directly to Depot Lane over the property to the east. Provide a separate dedicated temporary construction route over property with direct access to Depot Lane, or this is not possible, demonstrate a good faith effort was made to use the temporary construction route by providing the Lead Agency with written evidence of such, prior to the final site plan approval. ■ Submitted letter stating person leasing the farm is not interested in providing access over the land to Depot Lane. b. During construction, emission controls for construction vehicle emissions will include, as appropriate, proper maintenance of all motor vehicles, machinery, and equipment associated with construction activities, including the maintenance of manufacturer's noise muffler equipment or other regulatory-required emissions control devices. ■ Submitted c. Excessive or unnecessary idling of construction equipment engines is prohibited. ■ Submitted d. Construction Traffic Management and Logistics Plan ■ Submitted and Under review A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: i. A notice provided to all contractors and subcontractors accessing the site about the following: (1) Area speed limits, (2) Public and private school safety zones (3) Residential neighborhoods (4) No access to or from site over Spur Road. ii. Days/hours of proposed construction activity iii. Parking areas for workers and heavy vehicles iv. Construction staging areas V. Measures to ensure protection of land and integrity of local roadways vi. Construction Vehicle Route Designation 11 Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission. e. The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: i. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. ii. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. iii. No construction activities are permitted on Sundays, year-round, and the following holidays: (a) New Year's Day (b) Memorial Day (c) Independence Day (Fourth of July) (d) Labor Day (e) Thanksgiving Day (f) Christmas Day 14.Transportation Improvements (off-site mitigation) a. The Heritage at Cutchogue must design and construct the re-alignment of the intersection of Schoolhouse Road and Griffing Street so the two roads meet at approximately a right angle. ■ Submitted & under review by Town Engineer b. The following signage must be installed prior to the start of any site work, at the expense of the Heritage at Cutchogue: i. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection. ii. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. iii. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. c. Install a crosswalk from the east side of the Heritage at Cutchogue's driveway across Schoolhouse Road. The installation of this crosswalk will be at the expense of the Heritage at Cutchogue. 12 Submitted d. Install a sidewalk (approximately 600 feet in length) that connects the crosswalk and the Heritage project site to the sidewalk existing in front of the Post Office. The installation of this sidewalk is planned to be done by the owner of the land on the east side of Griffing Street. In the event the sidewalk has not been installed by the time the Heritage at Cutchogue is ready to begin Phase 4 of this proposed development, the Heritage will be responsible for its design and construction, subject to the approval of the Planning Board, the Office of the Town Engineer and the Town Highway Superintendent. ■ Submitted 15.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 16.Emergency Access The emergency access to Bridle Lane shall be used for emergency access only. No other traffic, including construction traffic, is permitted. 17.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 18.All utilities must be underground. 19.No parking allowed in the streets in the project site due to their narrow width. 20.A gate at the entrance to the development is not permitted. 21.Disposal of Pharmaceuticals: Homeowners shall be given notice on proper methods of disposal for pharmaceuticals and instructed not to dispose of such materials in the wastewater disposal system. 22.Bike racks shall be provided at the community center and the tennis court. 23.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court.. 13 24.Residential Units: a. There shall be no more than 124 residential units., b. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. c. The architectural design of the residential units must be harmonious with the vernacular style of the surrounding residences, with rooflines that have multiple peaks and dormers, and facades that mix wood shingles and stone. Final architectural designs for the residential units must contain, to the extent possible for attached units, a variety of individual design elements, including a diversity of house shapes and colors to avoid repetitive, monotonous design that is out of keeping with community character. d. All buildings must be constructed and finished according to the architectural designs approved by the Planning Board. e. No buildings shall be within 100 feet of the westerly property line of the subject property. f. The setback of the residential units to the eastern property line of the adjoining working farm shall be no closer than 79 feet. g. Basement ceiling height shall be no more than 8 feet; h. Basement windows shall be less than five square feet in size; u. The use of low-flow plumbing fixtures within the residential units and the community building is required. The maximum livable floor area for all units together shall not exceed 219,076 square feet. Livable floor area, for the purpose of all conditions in this conditional approval, is defined as all spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Such "floor area, livable"' shall not 14 be deemed to include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basement having a window area of less than 10% of the square foot area of the room, all of which are specifically excluded from "floor area, livable"; k. The maximum livable floor area in any one unit must not exceed 1,999±-sf. I. No conversions of garages to livable floor area are permitted; m. No conversions of screen porches to livable floor area are permitted ; n. No additions are permitted; o. Construction of all buildings shall comply with New York State Energy Conservation Construction Code, which requires the use of appliances, heating and cooling systems, windows and doors that meet Energy Star guidelines. 25.Clubhouse a. Provide solar panels on the clubhouse. b. Provide a first aid station in the clubhouse. 26.Open Space • OS-1 is incorrect— Must be replaced a. At least 50% of the site (23+/- acres) shall be set aside as open space in perpetuity. b. No structures permitted, except a perimeter fence may be allowed. i. Any proposed fence along the perimeter must be reviewed and approved by the Planning Board prior to installation. c. Vegetation Maintenance — as approved in the Planting Plans. The following conditions are to be completed prior to final site plan approval: All submitted items must be reviewed and approved by the Planning Board. 1. A guaranty of performance is required. An estimate of the guaranty must be reviewed and approved by the Planning Board. • Working with Town Engineer to provide an estimate for a performance guaranty 15 • More specific language regarding what will be guaranteed: "A guaranty of performance pursuant to Section 280-131(K) for "other on-site improvements" (not including on-site roads, drainage, and utilities) as well as a guaranty of performance for off-site improvements shall be fixed by the Planning Board in the final site plan approval, based upon the Town Engineer's estimate of the cost of these improvements." 2. Any changes to the plans must be reviewed by the Southold Town Building Department for compliance with Town Code, and the use certified by the Building Inspector pursuant to Town Code §280-131 F(1). • Meeting with Chief Building Inspector this week to review plans for compliance. 3. Provide a letter of water availability from the Suffolk County Water Authority. • 1/12/2016 letter from SCWA— review— may need something further from SCWA based on revised plans showing irrigation wells. 4. An approval stamp from the Suffolk County Department of Health Services on the site plan must be provided for Planning Board review. 5. Provide a draft of the Covenants and Restrictions (a template will be provided by the Planning Board) that includes the relevant ongoing conditions in this approval. • Staff will provide a draft at the next work session 6. Provide the details for Construction Phase 1 about the specific I/A OWTS system that will be used for sanitary waste disposal. Phases 2, 3 & 4 may use the same or different systems under the same program that meet the specification of nitrogen in the effluent at 19 mg/L or less • This condition has been met 7. Provide the details regarding the method of obtaining the data for the annual report to the Planning Board that will provide evidence that the I/A OWTS systems in use for all sanitary systems are meeting the specification of nitrogen in the effluent at 19 mg/L or less. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. • Plans currently have a general statement that annual reporting will be in accordance with SCDHS. The Final Approval could include a condition that 16 simply states that there will be annual reporting provided to the Planning Board. 8. Plans to be submitted, reviewed and approved by the Planning Board: a. Storm Water Pollution Prevention (SWPPP) The SWPPP will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after, and is also subject to the review and approval of the Office of the Town Engineer. • Submitted • Under review by Town Engineer b. Road and drainage plans, also subject to the review and approval of the Office of the Town Engineer. • Submitted • Under review by Town Engineer c. Provide a Construction Traffic Management and Logistics Plan as described above. • Submitted d. Provide architectural designs to demonstrate that the options will allow for a variety of individual design elements, including a diversity of house shapes and colors, and that the completed project will avoid repetitive, monotonous design that would be out of keeping with community character. • Not yet Submitted e. Provide floor plans for all unit types of sufficient detail and with all dimensions necessary to determine total livable floor area. Total livable floor area for each room must be labeled. Provide a table on the floor plan with the floor area of each room and area meeting the definition of livable floor area as described above to demonstrate how the total livable floor area was calculated for each unit type. • Not yet Submitted f. Irrigation plan i. Provide an irrigation plan that meets the conditions stated above. 17 • None provided, however sufficient information regarding irrigation has been provided —well locations, total gallons per day permitted, & monitoring requirement. g. Planting Plans - Submitted i. The narrow areas of land in between the buildings proposed to be managed as native meadows are not practical due to their narrow shapes and locations. Provide planting plans that revise the arrangement of non-irrigated areas so they are better able to be managed as natural habitat. Do not exceed the maximum area allowed to be irrigated (7.3 acres). An alternative would be to manage those narrow peninsulas between the buildings as natural lawn areas (non-irrigated, non-fertilized, no pesticides or herbicides), and identify them as separate from the Natural Habitat Maintenance Area (the rest of the non- irrigated area). i . Provide a statement on the planting plan indicating how and when the organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. iiii. Provide a table of attributes necessary for a plant to be considered drought tolerant on the planting plan, and for each species proposed, identify which attributes that plant possesses (including the proposed turf species). iv. Include each plant's natural range of occurrence to help identify whether it is native. V. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. vi. Provide details on the Planting Plans for the management and maintenance of the Lawn, Plantings, Natural Buffer, and Natural Habitat Maintenance Area as described in the conditions above. vii. Provide a plan for short-term irrigation of the areas without permanent irrigation, including the following: (a) Quantity of water expected to be used for temporary irrigation of these plantings (b) The source of the water (c) The method by which it will be delivered to the plants 18 (d) The duration of the temporary irrigation h. Construction Phasing Plan — Revise as follows: • Currently under review i. Remove from Phase 1 the clearing of the length of road running from the Emergency Access to the cul-de-sac, and add this to Phase 4. No clearing of this short section of road is permitted until Phase 4. ii. State the amount of land to be cleared in each phase. iii. Provide the methods by which land will be cleared. iv. Provide the dimension of the width of the road and road surface during Phase 1 in the areas that pass through the other Phases. V. Areas to be graded during each phase. vi. Identify the drainage to be installed during each phase. vii. Identify the number of residential units to be constructed in each phase. viii. Identify other improvements and site work to be completed in each phase. i. Provide a detailed Soil Management Plan, to be reviewed and approved by the Planning Board and the Office of the Town Engineer, that includes all soil erosion prevention measures and including the following: • Submitted and under review by Town Engineer i. The buffer must be fully planted (see "Planting conditions" herein) before scraping of topsoil and grading can begin. ii. A dust control and watering plan will be instituted to prevent surface and air movement of dust from disturbed soil surfaces. iii. Use a water truck on site to control dust. iv. Stabilize exposed soil surfaces as required. V. Stabilize all soil stockpiles and exposed soil as required by best practices, including temporary seeding and other measures. vi. The plan will include details about best management practices for minimizing the size of exposed areas and the length of time areas are exposed. 19 vii. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. The construction entrance will be maintained until the site is permanently stabilized. viii. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties or roadways. ix. Drainage inlets will be protected through the use of sediment barriers and traps as required. X. Sediment barriers and other erosion control measures will remain in place until disturbed areas are permanently stabilized. xi. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. xii. Provide details about the import and export of soil, sand, loam, and topsoil for each construction phase. xiii. Details about the removal of any sand or other material from the site including the amount and identification of the location from where materials will be removed. xiv. Provide a detailed cut and fill plan. xv. Arsenic mitigation for contaminated soil will include the following.. (a) Topsoil will remain on-site post development and be re-used. (b) Topsoil in the developable areas will be stripped and stockpiled in four areas, one at the beginning of each phase of the project. (c) Topsoil will not be buried, nor will there be berms created around the perimeter with contaminated soil. (d) Topsoil will be mixed during the generation of the stockpiles to reduce the concentrations of arsenic to below 13.0 mg/kg. (e) Testing protocol for testing soil stockpiles for arsenic will be provided for Planning Board review and approval prior to final site plan approval. (f) Prior to being re-used, new tests will be conducted on the stockpiles, which will be re-sampled and analyzed for arsenic. Stockpiles with arsenic concentrations below 13.0 mg/kg (the most conservative NYSDEC standard; UUSCO) will then 20 be re-used on-site. If stockpiles are identified with arsenic concentrations above 13.0 mg/kg, then sand from on-site construction activities (e.g., installation of foundations, utility trenching, etc.), and/or imported organic-rich topsoil will be mixed into the stockpiles to reduce the concentrations of arsenic and the topsoil will be re-tested. Only topsoil containing concentrations less than 13.0 mg/kg, after mixing, will be permitted to be re-used. (g) Protocol for mixing and retesting soils that test positive for arsenic contamination at a level greater than 13 mg/kg, including ensuring the topsoil to be re-used is not made overly sandy and can support plants. (h) Safe practices during the transplanting of trees to reduce contact with potentially contaminated soil and dust. j. Community Air Monitoring Plan (CAMP) Prepare a Community Air Monitoring Plan (CAMP) that monitors air quality and provides controls during construction. Guidance for the preparation of a CAMP is provided below from the New York State Department of Health's Generic Community Air Monitoring Plan: Submitted and completed, no further review necessary. i. The CAMP must require real-time monitoring for particulates (i.e., dust) at the downwind perimeter of the work area. The CAMP is intended to provide a measure of protection for the downwind community (i.e., off-site receptors including residences and businesses and on-site workers not directly involved with the subject work activities) from potential airborne contaminant releases as a direct result. Additionally, the CAMP helps to confirm that work activities did not spread contamination off-site through the air. ii. Continuous monitoring will be required during all soil excavation, grading and handling activities. iii. Particulate Monitoring, Response Levels, and Actions: Particulate concentrations should be monitored continuously at the upwind and downwind perimeters of the exclusion zone at temporary particulate monitoring stations. The particulate monitoring should be performed using real-time monitoring equipment capable of measuring particulate matter less than 10 micrometers in size (PM-10) and capable of integrating over a period of 15 minutes (or less) for comparison to the airborne particulate action level. The equipment must be equipped with an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration should be visually assessed during all work activities. iv. If the downwind PM-10 particulate level is 100 micrograms per cubic meter (mcg/m3) greater than background (upwind perimeter) for the 15-minute period 21 or if airborne dust is observed leaving the work area, then dust suppression techniques must be employed. Work may continue with dust suppression techniques provided that downwind PM-10 particulate levels do not exceed 150 mcg/m3 above the upwind level and provided that no visible dust is migrating from the work area. V. If, after implementation of dust suppression techniques, downwind PM-10 particulate levels are greater than 150 mcg/m3 above the upwind level, work must be stopped and a re-evaluation of activities initiated. Work can resume provided that dust suppression measures and other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 mcg/m3 of the upwind level and in preventing visible dust migration. 9. Provide written evidence that a good faith effort was made to use a temporary construction route over property with direct access to Depot Lane. • Submitted 10.Transportation Improvements a. Provide a plan with the design for the re-alignment of the intersection of Schoolhouse Road and Griffing Street, and the crosswalk, as described above. The design and the timing of its completion are subject to approval by the Town Engineer, Town Highway Superintendent and the Planning Board. • Submitted and under review by Town Engineer b. The Southold Town Planning Board, upon adoption of this resolution, will make a recommendation to the Town Highway Superintendent and the Town Board that the signs listed below be approved: i. Stop signs in both directions at the intersection of Schoolhouse Road and Griffing Street. ii. Stop sign at the end of Schoolhouse Road where it meets Depot Lane. iii. No Left Turn sign at the end of Griffing Street where it meets State Route 25 (NYSDOT approval may be required for the placement of this sign, depending on its location). ■ Applicant proposes that item iii not delay implementation of the project due to the uncertainty of whether it will be approved by the Town Board or NYSDOT. 11.Emergency Access i. Provide an illustration of the sign(s) to be posted at both ends of the emergency access lane. Emergency Access Only & Weight Limit supported by the access. 22 • Sign illustrations have not been located in the plans ii. Provide plans for the mountable curbs at both ends of the emergency access. • Details on the connection of the emergency access to the street pavements on either end have not been located in the plans. iii. Emergency access design and signage to be approved by the Cutchogue Fire District. • This will be referred to the Cutchogue Fire District upon receipt of the proposed signage, and including item iv below. (Site Details C-6, C-7, Layout Overall and Detail — any other plans they will need?) iv. Timing of the installation of the emergency access to be determined by the Cutchogue Fire District. • Include in referral to the Cutchogue Fire District. 12.Interior circulation /functionality: a. Provide a detailed signage plan for the interior of the site; Submitted b. Provide street names for review and approval by the Town Highway Superintendent; c. Provide the location of Speed Limit Signs and proposed Speed Limits for interior roadways. d. Provide a sign at the entrance stating that no parking is allowed on the street within the project site. e. Add a notation to the site plan on the booth at the entrance: "unmanned booth". f. Add a sidewalk to extend along the north/east side of entrance driveway to connect with Schoolhouse Road. Submitted (Offsite Improvement Plan) g. Designate how mail will be distributed and note this on the site plan; Submitted C- 2.0 h. Show the location of bicycle racks at the community center and tennis court on the site plan; i. Provide dumpster location on the site plan; 23 j. Clarify whether existing perimeter fencing is to remain or if there is a new perimeter fence proposed, and if so, describe material and height; Submitted — "chain link fence to be removed" notation on C-2.2. k. Provide sign renderings and dimensions at entrance pursuant to §280-80 of the Town Code; I. Provide the height of the proposed pool fencing; m. Provide the hours of operation for lighting of the pool; n. Remove depictions of all exterior light fixtures from all plans except the photometric plan and the overall layout plan; 13.Revise the site plan to move and screen the tennis court. a. Move the tennis court out of the 50' buffer (farther away from both property lines). • Submitted C-2.2 b. Provide a planting plan to screen the tennis court with evergreens on the two sides closest to the property line. • Submitted C-2.2 c. Provide the correct height and material of the tennis court fencing (two different heights and materials provided on the plan), and obtain variances from the Zoning Board of Appeals to the extent required for fences that do not comply with Town Code. • Not Submitted — the discrepancies between C-2.2 (8' fence) and C-7 (10' fence) remain 14.Sequence of Construction: Provide a comprehensive sequence of tasks, in the order in which they will occur, to complete the site work for each phase of this project, and includes all the relevant conditions listed herein. These include but are not limited to the timing of installation of stop signs on Schoolhouse & Griffing, staking areas to be cleared, tagging possible trees to remain or be transplanted, inspections by Planning Board, wildlife surveys, transplanting trees into the buffers, clearing, scraping topsoil, stockpiling, grading, installation of utilities, testing, amending and spreading topsoil, installation of irrigation, planting, constructing buildings, paving roads, and installing sidewalks. • Submitted 24 yf : MAILING ADDRESS: PLANNING BOARD EMBERS ��'�'� pF Sol/ r` P.O. Box 1179 DONAL D J.WILCENS � v'k Southold, NY 11971 Chair OFFICE LOCATION: WIjjAAM J.CREMFRS CAP. �� Town Hall Annex a 54375 State Route 25 PIERCE R.AFFERTY JAMFS H.RICH III ��, �' (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �`.ar�.�CAU Southold, NY Telephone: 631 765-193 S www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Planner dot'' Date: February 27, 2017 Re: Site Plan for The Heritage @ Cutchogue Application Name: The Heritage @ Cutchogue Tax Map Number: 1000- 102.4-33.3 Location: corner of Schoolhouse Rd. & Griffing St., Cutchogue Type of Application: Sketch Subdivision Map Dated: Preliminary Subdivision Map Dated: Final Subdivision Map Dated: Road Profiles Dated: Grading and Drainage Plans Dated: Other Dated: Site Plan Dated: Received 1/6/2017 Revised Site Plan Dated: SWPP Manual Dated: Received 1/6/2017 Grading and Drainage Plans Dated: Other (AS BUILT) Dated: The Heritage at Cutchogue — Page Two. February 27, 20 17 Project Description: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Grilling Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. � 00 �� ' TRANSMITTAL SAID, VHB Date: 2/14/2017 project No.: 29305.00 k.ec�m Re: The Heritage Cutchogu� _e � 1 L,AAJ i(6t_, To: Ms. Heather M. Lanza, AICP Revised Tree Relocation Plan TS ev ........ �.� Planning Director, Southold Town Hall Annex 54375 State Route 25 i Ffi:x ) i. Southold, NY 11971 ... . S"' —" S�dtq'nt@d 1(tpwPN We are sending you: ❑ Attached ® Under Separate cover via Federal Express the following items: Shop drawings ❑ Prints ® Plans ❑ DVDs ❑ Specifications ❑ Copy of Letter ❑ ChgOd ❑ Other o ies Date No. Description 15 02/14/2017 TS-3 Revised Tree Relocation Plan as per Frank Isler's 01/11/2017 comments These are transmitted as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Return for corrections ❑ Return Corrected prints ❑ For review and comment E] For bids due ❑ Returned prints on loan to VHB REMARKS: Please contact me if you have any other comments or questions. VHB agrees to provide materials to the Client stored electronically. The Client recognizes that data,plans,specifications,reports,documents,or other information recorded on or transmitted as electronic media,including,but not limit to,CADD Documents(together,"Electronic Documents')are subject to undetectable alteration,either intentional or unintentional,due to,among other causes,transmission,conversion,media degradation,software error,or human alteration. Accordingly,the Electronic Documents are provided to the Client for informational purposes only and not as an end product. VHB makes no warranties,either express or implied,regarding the fitness or suitability of the Electronic Documents. The Electronic Documents are instruments of professional service,and shall not be used,in whole or in part,for any project other than that for which they were created,without the express written consent of VHB and without suitable compensation to VHB. Accordingly,the Client agrees to waive any and all claims against VHB resulting in any way from the unauthorized alternation,misuse or reuse of the Electronic Documents,and to defend,indemnify,and hold VHB harmless for any claims,losses,damages,or costs,including attorney's fees,arising out of the alteration,misuse or reuse of any Electronic Documents. m John g Copy to: Jeff Rimland, Bob Morrow Wa ner,J ,._ Angelo Laino y J. Carlos V g SA ��_. �....____ B ar as RLA I___—___ .�W_mm._.... January 6 2017 ia�s� a�a Ref: 29305.00 4 b Ms. Heather Lanza, ACIP Town Planning Director Southold Town Planning 53095 Route 25 PO Box 1179 Southold, NY 11971 Vhrt�kaj Board Re: The Heritage @ Cutchogue Tax Map No. 1000-102-1-33.3 Plan Resubmission Dear Ms. Lanza: In accordance with the draft Conditions of Approval for the above referenced project, and our discussions during the project meeting held at your office on November 30, 2015, our office has revised the submission documents to provide the additional information agreed upon. The following outlines the documents we are transmitting herewith and provides a description of the changes made to each. 1. Revised Site Engineering Plans: • Relocation of tennis courts outside of the required 50-foot buffer area. • Revised traffic signage to include no parking signs installed along one side of the internal roadways indicating street parking is only permitted on one side. Addtionally, a sign was added adjacent to the emergency access gate off of Bridle Lane indicating that traffic shall not enter except for authorized vehcles only. Revised Phasing Plan indicating no clearing to be completed during the period between June 15t and July 315c • Revisions to Offsite Improvement Plan in accordance with the comments received in the letter from Mr. James A. Richter, RA dated December 9, 2016. The comments were addressed as follows: 1.Drainage at the intersection of Schoolhouse Lane and Griffing Street was added per the red line drawing provided. Plan indicates installing a catch basin at the low point in the intersection with an 18-inch pipe extending to the drainage sump. We note that per my conversation with Mr. Richter, and as noted on our pland, all parties understand that the Town is responsible for any construction within the sump. 2.The alignment of the intersection has been modified as shown on the redline plan provided to allow for more of a 90-degree angle. 3,The Town curbing detail has been added to the plan and the Off-Site Improvement Plan was updated to indicate Type C mountable curbing is required. 100 Motor Parkway Suite 135 En'-A; e IC k imtistea P ar raeiis i Desi+;tne�s O...yaau ppau ge,New York 11788 Gro 63L787.3400 F 63u.Ki.2 545 1� to Ref: 29305.00 �� r' 01111 Ms. Lanza January 6, 2017 Page 2 4.The roadways along the frontage have been modified to maintain a 28-foot width as required. The comment letter requested additional information relative to the phasing of the project. As noted below, we have also included a Phasing Narrative to provide preliminary sequencing and timelines for each subtask in each phase. Additionally, we understand that there were concerns from Mr. Richter's office relative to stormwater runoff from the roadway as it is being constructed in Phase 1. We have addressed these concerns in the project Storm Water Pollution Prevention Plan. To summarize, we have relocated specific drainage structures (drywells) so that all roadway drainage will be connected to either a drainage reserve area or a partial drywell system located within the roadway and therefore will not cause runoff issues during construction. This should be evident based on the Hydrologic Analysis Summary in the SWPPP as well as the grading and drainage plan. As requested, we are providing a Tree Relocation Plan showing relocation of approximately 50 trees from the areas of work to the buffer area. 2. Revised Construction Traffic Management and Logistic Plan 3. Revised Landscape Management Plan �4. New Phasing Plan Narrative—Indicating a more in detail breakdown and general sequencing of the phasing of construction. , 5. Storm Water Pollution Prevention Plan We understand that the SMP, CAMP, HASP have been reviewed and accepted as approved by the planning board. Enclosed are 13 copies of all the updated plans with the exception of the SWPPP which we are providing 2 copies. Please contact me if you have any questions or require additional information. Very truly yours, Vi i13 9-ru) nee°ring, Surveying and Landscape Architecture, P.C. 1 V! ino, PE Senior Project Engineer AVL/ enc. MO Motor Parkway ng ri�,mns twc is jrt. s Hauppauge,New York'g1 88 , "1 813,2"u45 ➢ A1.:d30."�.4➢171fi'arurAYrapr^w:a[ctruarp;u.nry�.�o�s`�I�:I:Pt�rr�\�l1V.AGP'16k6z_Ir�ywvxr¢9f rmr.nYharl.cfl%�.e.^GIC.na�u�be:V...¢�hRcu�.Farr, � ��'..'' Michaelis, Jessica From: Lanza, Heather Sent: Friday, December 09, 2016 11:04 AM To: Michaelis, Jessica Subject: FW: Herritage at Cutchogue Attachments: Herritage at Cutchogue - School House & Griffing 6e �� a Intersection.pdf Please print attached for the mail tray. And this correspondence can go in the subject file along with the Soil Management Plan and the Off-site Improvement Plan. (and the referral memo if it isn't there already.). From: Richter,Jamie Sent: Friday, December 09, 2016 10:42 AM To: Lanza, Heather<heather.lanza@town.southold.ny.us> Cc: Orlando,Vincent<vincent.orlando@town.southold.nv.us>; Cummings, Brian A. <brian.cummings@town.southold.ny.us> Subject: Herritage at Cutchogue Heather I have reviewed the proposed changes to the School house, Griffing Street intersection. Please see the attached report along with a marked up plan of the intersection. I have reviewed this plan with Mr. Orlando and I believe that the marked up plan is in keeping with his recommendations. If you have any questions please do not hesitate to let me know. Jamie AWW'r* a. ;�"av James A. Richter, R.A. Stormwater Manager Office of the Engineer Town of Southold, New York Stormwater Management Control Plan Website: http://www.southol(ito w,iitiv,, og v/index aspx?nid=195v Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. I. �I SCOTT A. RUSSELL JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN HALL - 53095 MAIN ROAD �� %�//�� TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 i� Fax. (631)-765—9015 F � ��tl( II €.(PIl.l.] S,.i li)1l N S(rl I'(IO] I)�l'.t: � a ^< [,, 2 .. ... OFFICE OF THE ENGINEER Donald J. Wilcenski16 u u�l o� li6wnTOWN OF SOUTHOLD December0 r Chairman - Planning Board ,� -. .. .-.re .. Town Hall, 53095 Main Road Southold, New York 11971 Re: Heritage at Cutchogue School House Lane & Griffing Street Intersection SCTM #: 1000-102-01-33.3 Dear Mr. Wilcenski: As per a request from your office, I have reviewed the Detail Plan, dated July 10,2015 with a revision date of October 7, 2016 detailing the intersection improvements for the proposed residential community. This set of Site Plan Documents has been prepared by the office of VHB Engineering, Surveying & Landscape Architecture, PC. The Curb Cut to the existing Town Road at the intersection of School House Road and Griffing Street has been better detailed but still needs to be revised. Please see the attached drawing that outlines the following recommended changes: 1. The South Easterly corner of the above referenced intersection has a drainage problem. A 4' x 4' x 6' deep precast concrete catch basin is requested to direct stormwater to the Town owned portion of property to the East. It should be constructed with 2' x 3' flat cast iron leaching grate and an 18" diameter drainage pipe extending to the Town owned property where a small hole needs to be excavated to recharge stormwater. The Town Highway Department will complete all excavations once the drainage has been installed. 2. The attached plan has been marked up to show an intersection with almost a 90 degree turn. This will slow traffic and highlight the need for stopping at this intersection. 3. All new curbing within the Town Right-of-Way shall be 3,000 psi concrete. Mountable curbing would be typical and header curbing should be used along the A.D.A. access to and from the proposed cross walks. 4. All new curbing shall maintain a minimum of 28' pavement width. All areas of new pavement should meet the requirements of the Highway Specifications and existing pavement within the limits of the proposed new curbing shall have a minimum 2" Asphalt overlay. The Phasing Plan for the Heritage development must also be better defined. How much of the road system will be constructed or will sections of the road system just be cleared? What drainage will be constructed under phase 1 of the construction? These items may be detailed in the SWPPP but as of yet I have not had the opportunity to review it. If you have any questions regarding this review, please contact my office. Sincerely, �anzEl (f,T. c�ic9tF-z James A. Richter, R.A. cc: Vincent Orlando (Superintendent of Highways) i N38' 04' 40"W 5.0 ounmm to O N li4i • �M� n W^ W uu^ ay l m mn 0 m 1 III I� Comitsill or RI fe OK EfAUA" LoU. FLUSH SIDEWALK CONCRETE- ., r , ..L 3$,63 S38' 05' 40'W ,, ' PROPOSED ADA RAMP TYPE B-D 5.0 PROPOSED R1-1(TYP) PROPOSED 3 FT. GRASS STRIP �w0�3., ,,,'-PROPOSED STOP BAR (TYP) S52' 55' 20'W S. I f4+10ir 95.00' ' µµggypyp �� a .Wvvmimm¢mrmJ=° ice+ � ppyy W R35' _ w. � d Ilk w. 01 .. w, -°° PROPOSED CROSSWALK (TYP) ..... MEET EXISTING r PROPOSED ADA RAMP WITH NEW CURE Un ' TYPE B-D RAMP (TYP) Ln w No No --PROPOSED R1-1(TYP) :• _ . 24.1' p aop i A N n Air µµ ry rri o �i ° u uV Urn 65 x MAILING ADDRESS: s1 T P.O. Box 1179 PLANNING BOARD MEMBERS �,�� ,r Southold, NY 11971 DONALD J.WILCENSKI " t� Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS 54375 State Route 25 PIERCE RAFFERTY (cor. Main Rd. &Youngs Ave.) JAMES H.RICH III MARTIN H.SIDOR CDUN�r�`�"� Southold, NY Telephone: 631 765-193 S www.southoldtownny-gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Heather Lanza, Director of Planning Date: December 7, 2016 Re; Site Plan for The Heritage @ Cutchogue If possible, we would appreciate preliminary comments before 1 pm, Monday, December 12. Otherwise, at your earliest convenience. Application Name: The Heritage @ Cutchogue Tax Map Number: 1000- 102.-1-33.3 Location: corner of Schoolhouse Rd. & Griffing St., Cutchogue Type of Application: Sketch Subdivision Map Dated: Preliminary Subdivision Map Dated: Final Subdivision Map Dated: Road Profiles Dated: Grading and Drainage Plans Dated: Other Dated: Site Plan Dated: Revised Site Plan Dated: Soil Management Plan- Soil Stripping Plan Dated: 7/10/15 Soil Borings Dated: 7/10/15 Off Site Improvement Plan Dated: 7/10/15 Soil Management Plan Dated: 10/12/16 Grading and Drainage Plans Dated: Other (AS BUILT) Dated: December 7, 2016 g �w . .... . � .. The Heritage at Cutcho ue Page Two Decem Project Description: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Grilling Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. STIMILATION EXTENDING TIME PERIODS AND TOLLING S"I"A"111' `E OF 1,1 M FFATIO xS NOCRO, LTD. and THE HERITAGE AT CUTCHOGUE, LLC (collectively the "Applicant") and the TOWN OF SOUTHOLD PLANNING BOARD (the "Board") hereby agree as follows: WHEREAS, the Applicant and the Board entered into a "Stipulation of Settlement" in the Suffolk County Supreme Court lawsuit entitled NOQJ�,.O` Lt& ef, al. v. Scot [ ggsq 11 et al. (Suffolk County Index No. 09-19101), which was "so ordered" by the Court on September 25, 2014 (the "Stipulation"); and WHEREAS, the Board granted conditional site plan approval for the Applicant's amended site plan on November 7, 2016 (the "Determination"); and WHEREAS, Paragraph 20 of the Stipulation provides that The Heritage at Cutchogue, LLC ("Heritage") has 30 days from receipt of the Determination to either accept or reject the Determination or the conditions of the Determination; and WHEREAS, the Applicant has asked for clarification of some of the conditions of the Determination; and WHEREAS the parties are attempting to resolve the open issues but recognize that the issues cannot be resolved within the 30-day period set forth in Paragraph 20 of the Stipulation or the 30-day time period for commencement of a CPLR Article 78 proceeding with respect to the Determination or the conditions therein; and WHEREAS the Applicant wishes to preserve its right to reject the Determination and commence a CPLR Article 78 proceeding with respect to the Determination or the conditions of the Determination while the parties attempt to resolve the open issues; and 1 WHEREAS pursuant to Paragraph 30 of the Stipulation, the time periods set forth in the Stipulation can be modified or extended by mutual written consent, without need for amendment of the Stipulation or further order of the Court; NOW, THEREFORE, the Applicant and the Board agree as follows: 1. The 30-day period under Paragraph 20 of the Stipulation for the Applicant to accept or reject the Determination is hereby extended to January 27, 2017. 2. The Board expressly agrees to toll the 30-day statute of limitations for the Applicant to commence a CPLR Article 78 proceeding with respect to the Determination and the conditions therein such that such 30-day limitations period shall not begin to run until January 27, 2017; and the Board further agrees not to assert the statute of limitations as a defense to, or as a basis for a motion for dismissal or other relief, with respect to any CPLR Article 78 proceeding commenced, with respect to the Determination or the conditions therein, within the 30-day period commencing on January 27, 2017. 3. Except as so modified, the terms of the Stipulation remain in full force and effect. 4. This Stipulation may be signed in multiple counterparts and by facsimile or electronic transmission, if necessary, and all such counterparts, taken together, shall constitute one executed, original Stipulation. Facsimile and emailed signatures shall be binding on the party delivering such signatures. NOCRO, LTD, THE HERITAGE AT CUTCHOGUE, LLC B Date: Date: 2 TOWN OF SOUTHOLD PLANNING BOARD Byr ..._� �?..... ..__--__ Donald J. Wilc,enski, Chairman Date: ��_..... ......M... TOWN BOARD OF THE TOWN OF SOUTHOLD, and TOWN OF SOUTHOLD By: Scott Russell, Supervi o Date 3 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 Southold NY 11971 DONALD J.WILCENSKI 9' ' Chair OFFICE LOCATION: A� WILLIAM J.CREMERS "� �� Town Hall Annex PIERCE RAFFERTY , a'a 54375 State Route 25 " �« a' JAMES H.RICH III � f ` �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR � � ��l' Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2016 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Conditional Approval: The Heritage at Cutchogue Residential Site Plan 75 Schoolhouse Rd., n/w corner of Griffing St. & Schoolhouse Rd., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density - HD Dear Mr. Wagner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on November 7, 2016: WHEREAS, this proposed Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in Cutchogue; and WHEREAS, on January 2, 2015, John Wagner, agent, submitted a revised application together with a revised DEIS using the original scope and other SEQRA procedural documentation from the 2005 application, and also based on a Stipulation of Settlement in September 2014 regarding the 2005 application; and WHEREAS, at the Work Session held on February 9, 2015, the Planning Board found the application incomplete for review, requiring revisions to the Site Plan and additional information; and WHEREAS, on February 9, 2015, John Wagner, agent, submitted revised plans for the application; and The Heritage at Cutchogue 2 November 9, 2016 WHEREAS, on March 3, 2015, John Wagner, agent, submitted revised plans and supplemental information for the DEIS to be consistent with the Site Plan application; and WHEREAS, on March 10, 2015, VHB, technical consultant to applicant, submitted a revised DEIS for the proposed action; and WHEREAS, on March 12, 2015, the Planning Board authorized AKRF for environmental consultant services detailed in the agreement for technical assistance not to exceed $18,500; and WHEREAS, on March 25, 2015, John Wagner, agent, submitted a draft overall site development plan for review; and WHEREAS, at the Work Session on April 6, 2015, the Planning Board found the application inconsistent with the Stipulation of Settlement and incomplete for review, requiring revisions to the Site Plan and information; and WHEREAS, on April 30, 2015, John Wagner, agent, submitted revised plans and supplemental information; and WHEREAS, on May 11, 2015, the Planning Board sent a letter to the applicant noting that the revised plans did not meet all that was required in the April 22, 2015 letter; and WHEREAS, on July 16, 2015, John Wagner, agent, submitted revised site plans, revised DEIS and supplemental information for review; and WHEREAS, on August 5, 2015, the Planning Board found the information submitted to be consistent with the Stipulation but the application remained incomplete; and WHEREAS, on August 7, 2015, John Wagner, agent, submitted the remaining required items, including the existing conditions surveys, plans and supplemental information for review; and WHEREAS, at the Work Session on August 11, 2015, the Planning Board found the application complete for review and set the preliminary public hearing for August 31, 2015; and WHEREAS, on August 31, 2015, a Preliminary Public Hearing was held and closed; and WHEREAS, at the Work Session on September 14, 2015, the Planning Board found the DEIS inadequate for public review; and WHEREAS, on September 16, 2015, the Suffolk County Department of Health Services (SCDHS) submitted a letter to the Planning Board stating that the proposed application currently before the SCDHS for the subject parcel is outdated and incomplete; and The Heritage at Cutchogue 3 November 9, 2016 WHEREAS, on October 2, 2015, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on November 2, 2015, the New York State Department of Transportation (NYSDOT) provided multiple comments to the Planning Board and required the applicant to obtain a Highway Work Permit; and WHEREAS, on November 4, 2015, VHB, consultant to applicant, submitted a revised electronic copy of the Traffic Analysis; and WHEREAS, on November 11, 2015, VHB, consultant to applicant, submitted a revised DEIS (redlined) to Planning Board; and WHEREAS, at the Public Meeting on December 7, 2015, the Planning Board found the DEIS adequate for public review and set the combined Public Hearing for the DEIS and the Site Plan Application for Monday, January 11, 2016; and WHEREAS, on December 12, 2015, the Planning Board, as Lead Agency, filed the Combined Notice of Hearing and set the public comment period for publishing the Notice of Completion; and WHEREAS, on January 11, 2016, a Public Hearing was held and kept open to answer substantive public comments regarding the DEIS and Site Plan Application; and WHEREAS, on January 19, 2016, the Suffolk County Water Authority (SCWA) provided comments and concerns to the Planning Board regarding the proposed action; and WHEREAS, on January 19, 2016, the Suffolk County Planning Commission (SCPC) provided comments to the Planning Board regarding the proposed action; and WHEREAS, on February 10, 2016, Charles Kuehn, Architect for applicant, submitted revised floor plans; and WHEREAS, on February 10, 2016, the Architectural Review Committee (ARC) provided comments and primary concerns to the Planning Board and tabled the application; and WHEREAS, on February 22, 2016, the combined public hearing was held and closed with written comments accepted for a period of two weeks thru March 7, 2016, 4:00 p.m.; and WHEREAS, at a work session on March 7, 2016, the Planning Board discussed the next steps of the site plan process and DEIS, including staff comments; and WHEREAS, on April 4, 2016, the Planning Board, as Lead Agency, sent a request for inspection of jurisdictional wetlands to the Southold Town Trustees to verify if seasonal wetlands exist on site; and The Heritage at Cutchogue 4 November 9, 2016 WHEREAS, on April 14, 2016, the Town Trustees provided comments to the Planning Board regarding a site visit to determine the existence of seasonal wetlands on the subject parcel, the Trustees found no sign of seasonal wetlands on site; and WHEREAS, on April 19, 2016, the Southold Town Transportation Commission submitted comments to the Planning Board with seven (7) recommendations; and WHEREAS, on April 20, 2016, the Cutchogue Fire District submitted comments to the Planning Board with several concerns regarding emergency access, water supply, on- site medical care and the potential impacts on the Cutchogue Fire Department; and WHEREAS, on April 21, 2016, the Office of the Town Engineer submitted comments to the Planning Board requiring revisions to the proposed application; and WHEREAS, at a work session on April 25, 2016, the Planning Board reviewed comments received from referrals and staff analysis for the proposed the Site Plan Application; and WHEREAS, on April 29, 2016, the NYSDEC submitted comments to the Planning Board that a State Pollutant Discharge Elimination System (SPDES) permit may be required for the proposed action, in addition to storm water coverage; and WHEREAS, on August 22, 2016, the Planning Board found the Final Environmental Impact Statement to be complete and authorized that the Notice of Completion be submitted pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law within five business days of the resolution and established the public consideration period for the FEIS for 14 days upon the filing of the Notice of Completion; and WHEREAS, on August 23, 2016, the Planning Board sent a revised storm water management control plan to the Office of the Town Engineer for review; and WHEREAS, on October 4, 2016, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP to the greatest extent practicable with consideration of the following: the subject file, the Draft Environmental Impact Statement, and the Final Environmental Impact Statement; and WHEREAS, on November 7, 2016, the Southold Town Planning Board, as Lead Agency, adopted the Findings Statement pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617, which Statement is incorporated herein by reference; be it therefore The Heritage at Cutchogue 5 November 9, 2016 RESOLVED, that the Southold Town Planning Board has determined that this proposed action, upon meeting the conditions listed herein, is consistent with the policies of the Town of Southold LWRP; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Approval of the Residential Site Plan application entitled "The Heritage at Cutchogue" prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated as submitted on January 2, 2015, with revised plans dated as submitted on June 3, 2016, with all conditions listed on the attached pages. If you have any questions regarding the above, please contact this office.: Very truly yours, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector By signing this letter, the applicant acknowledges that there are conditions listed above that must be satisfied. John M. Wagner, Esq., agent for the applicant Southold Town Planning Board Conditions of Approval The Heritage at Cutchogue Residential Site Plan Application November 7, 2016 1. The proposed action shall comply with all sections of Town Code Chapter §280-137 Standards for Residential Site Plans unless otherwise described in the Stipulation of Settlement. 2. Innovative and Alternative Design for Wastewater Treatment - The use of alternative innovative wastewater treatment systems is required for all wastewater disposal. The project must use innovative/alternative wastewater treatment systems that have been approved under Suffolk County's Innovative and Alternative On-site Wastewater Treatment Systems (I/A OWTS) Program (aka Article 19). This program provides for new residential septic systems that will treat wastewater so that nitrogen in the effluent is 19 mg/L or less. The specific system(s) to be used will be one or more of the systems that receive approval by the SCDHS under their 'I/A OWTS' Program referenced above. As technology advances, different systems under this program may be chosen for later phases of the project, subject to Planning Board review and approval, and subject to meeting the specifications above. The developer is responsible for the continued successful operation of the I/A OWTS until such time as the condominium owners association takes over the management of the property. An annual monitoring report must be provided to the Planning Board to ensure the level of nitrogen in the effluent remains at or below 19 mg/L which in turn provides assurance that mitigation is occurring. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. 3. Provide payments to the Town for the Park and Playground and Affordable Housing Buyout fees to total $2,000,000 as required under paragraph 25 of the Stipulation of Settlement. 4. Project Phasing - The site will be constructed in four phases according to the Construction Phasing Plan, as approved by the Planning Board. 5. The clubhouse, pool, tennis court and associated site work must be completed and a certificate of occupancy for those amenities issued prior to certificates of occupancy being issued for any residential units. 6. Prior to the certificates of occupancy being issued for residential units, all site work and infrastructure servicing those units must be completed in accordance with the approved site plan, and to the satisfaction of the Planning Board. Upon finding that the work has been completed to their satisfaction, the Planning Board will submit a memorandum to the Building Department with this information. 7. Prior to beginning Phases 2, 3 or 4, all work for the prior phase must be completed in accordance with the approved plans, and to the satisfaction of the Planning Board and the Office of the Town Engineer. 8. Natural Buffer A minimum 50 foot natural, vegetated buffer shall be maintained around the perimeter of the property (see site plan for location and depth of the buffer, which is greater than 50 feet in some places). The main purpose of this buffer is for substantial visual screening along the property lines to mitigate the impacts to neighbors from this development including aesthetics and quality of life. Other purposes of the buffer include a wind-break to help reduce soil erosion, retain natural land and native vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This buffer will be identified on the site plan as "Natural Buffer." a. Where the buffer does not provide substantial visual screening, supplemental plantings must be made to the buffer by planting enough evergreens and other trees and shrubs to accomplish a dense double row of evergreen vegetation. The supplemental plantings must be of native evergreens transplanted from the interior of the property, as well as native evergreens brought in from a nursery if needed to complete the visual screening to the satisfaction of the Planning Board. Existing trees that cannot be maintained in their current location must be moved to the buffer to the extent that the tree species and size will allow any particular tree to be moved (see Clearing section below for more details on moving existing trees). b. No clearing, grading or mowing may occur within the Natural Buffer area. c. Removal of noxious, invasive plants and vines is permitted, but they must be hand-pulled and native plants must be kept intact to the greatest extent practicable. d. A perimeter fence is permitted, with prior review and approval from the Planning Board required. 9. All clearing, grading and construction shall comply with Town Code Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain 2 storm water runoff on site, and the Storm Water Pollution Prevention Plan (SWPPP) for this project. 10.Clearing a. Limits of clearing will be established for each phase of development according to the Construction Phasing Plan, and clearing shall occur only in the areas identified within the limits of each phase. b. Preparations for all clearing must comply with the requirements of the Storm Water Pollution Prevention Plan. c. The land area to be cleared will be marked prior to clearing, including identifying the edge of the Natural Buffer as shown on the approved site plan, and shall be inspected by the Planning Board or their designee prior to any land clearing. d. Existing native evergreens and shrubs will be preserved and transplanted into and adjacent to the buffers, and used in plantings throughout the site where appropriate. Trees or shrubs that will be transplanted to the buffer must be flagged, the location where they will be transplanted identified, all to be inspected on site and approved by the Planning Board or their designee prior to clearing. e. Existing trees outside of the Natural Buffer with high wildlife value, such as oak species, will be preserved to the extent practicable and where they will not interfere with necessary grading and drainage. Particularly valuable trees (e.g. oaks >7" dbh) may require some adjustment to the location of grading, drainage and septic systems to preserve them. These trees will be marked by the Planning Board or their designee during their site inspection prior to clearing. f. Trees and/or shrubs outside the Natural Buffer area that are selected to be left in place shall be flagged and protected during construction. g. No tree removal June 1 through July 31 (see Northern long-eared bat section below) h. Northern long-eared bat (Myotis septentrionalis) To minimize loss of northern long-eared bats, the following actions shall be taken: i. Trees around the perimeter shall be preserved within the Natural Buffer shown on the site plan. 3 ii. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. iii. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. iv. Tree removal will be avoided during the pup season from June 1 through July 31. ii. April 15 through October 15: Prior to beginning clearing, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11-01 03(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife surveys following the protocol below: i. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. ii. The survey effort required must equal the following: area of impact x 4 person-hours/acre = total person-hours of survey effort iii. Timing of survey (a) The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. (b) Surveys must be conducted at the time day and during weather conducive to peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. iv. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. v. Installation of the temporary barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. vi. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. vii. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. viii. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). 4 ix. The barrier should be installed immediately prior to the required survey. x. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. A. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. xii. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1st through October 31st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. xiii. Outside the Turtle Active Season (November 1 st through March 31 st) If the barrier has been left in place over the winter months and construction is on-going, a biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. xiv. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. xv. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion. 11.Irrigation system a. The boundary between the permanent irrigation area and the Natural Habitat Maintenance Area must be marked and inspected by the Planning Board or their designee prior to installation. b. The area covered by long-term/permanent irrigation is limited to 319,103 sf (7.3+/- acres) of the land area of the site. c. Irrigation of the 281,533 sf turf area must not exceed a maximum of 0.08 GPD per sf, the equivalent of 0.9-inch depth of water per week during peak summer season. d. Irrigation of the 37,570-sf shrub bed area must not exceed a maximum of 0.06 GPD per sf, the equivalent of 0.7-inch depth of water per week during peak summer season. e. The overall water usage for irrigation shall not exceed an average of 25,000 gallons per day during the peak summer season, May through October. 5 f. The use of drip irrigation systems is required for irrigation of plantings other than lawn areas. g. The use of soil moisture sensors is required to ensure irrigation is suspended during times when enough rain has fallen that irrigation is not necessary. h. Irrigation must be conducted so that it occurs in phases on alternating days, and the entire area is not irrigated at the same time. i. Irrigation Well(s) i. Separate wells must be used as the source for all irrigation to reduce the use of water from the Suffolk County Water Authority's system. ii. A sufficient number of wells must be provided to spread out the impact and avoid a cone of depression that lowers the water table, or upconing that results in salt water intrusion that could affect the wells of neighbors. iii. The irrigation well(s) must be situated where they will not affect the quality or quantity of water available from the private wells of nearby residents or the Suffolk County Water Authority to the satisfaction of the Planning Board. The location of the well(s) must be shown on the final site plan. iv. The well or wells must include a meter to monitor the use of water for irrigation. A report of the number of gallons of water used each month for irrigation must be sent annually to the Planning Board. v. The pump for the well(s) shall not create noise that measures more than 50dB at the nearest residential structure. 12.Planting &Vegetation Maintenance a. The project site must be maintained with vegetation in accordance with the approved Planting Plans. b. Lawn and Shrub Permanent Irrigation Area i. At least 50% of the plants in the non-turf areas must be native species with moderate to high drought tolerance. ii. Lawn areas must be seeded or sodded with turf species with deeper root systems and greater drought tolerance than conventional turf 6 species. The specific seed mix must be approved by the Planning Board prior to planting. iii. An organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. Provide a statement on the planting plan or soil management plan (or both) that identifies when and how this will occur. iv. Coarse mulch at a minimum depth of 3" is required on all planted material. c. Natural Habitat Maintenance Area (non-irrigated areas) Vegetated areas outside the permanent irrigation zone and outside the Natural Buffer Area shall be managed for native vegetation and wildlife habitat. i. All plantings in this area shall be native, drought tolerant, low- maintenance plant species, as shown on the approved Planting Plans. ii. The two large drainage swales to be cleared in Phase 1 shall be seeded with the native plant mix as soon as possible after grading. i. Mowing Maintenance Requirements (a) Timing - No mowing from May through October 15 to avoid turtles and other wildlife. (b) Rotation - Mowing is permitted at a maximum of once a year after October 15, once every two years is preferable. Another option is to mow half the area one year, and the other half the next year. (c) Mower Style —Avoid flail mower heads with guide bars that ride along the ground. (d) Height — No less than 7 inches of stubble height must be retained to retain important cover for animals, and reduce mortality of turtles. (e) Pattern - Mow in a pattern from the center outward to avoid congregating fleeing animals into the center. (f) Invasive or noxious plant removal by hand-pulling or organic herbicides only. Native plants to be maintained 7 d. Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. e. Natural Buffer Area i. No mowing permitted ii. No clearing permitted. iii. Removal of invasive or noxious plants by hand-pulling only. iv. Dead or diseased trees that are a potential hazard to residences or people may be removed with prior Planning Board approval, and with a report from the certified arborist that the tree is dead or diseased. Any trees removed must be replaced with a tree of a size and species approved by the Planning Board. f. Fertilization i. Fertilizer will be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary. ii. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent minimum is permitted to be used. This practice will allow for slow release of nitrogen, driven only by biological activity, typically in soil temperatures above 55' F, and will prevent nitrogen leaching. iii. A maximum of 1 lb of nitrogen per 1000 square feet in any one application with cumulative application of no more than 2 Ibs per 1,000 square feet per year is permitted. g. Synthetic herbicides and pesticides are prohibited h. Survivability of Plantings The developer is responsible for all planted/transplanted vegetation to survive at least three years from the time each phase is completed, or be replaced at the expense of the developer. After the three years, the condominium association will be responsible for maintaining the vegetation as approved in the site plan. 13.Construction a. Temporary Construction Route directly to Depot Lane over the property to the east. Provide a separate dedicated temporary construction route over 8 property with direct access to Depot Lane, or this is not possible, demonstrate a good faith effort was made to use the temporary construction route by providing the Lead Agency with written evidence of such, prior to the final site plan approval. b. During construction, emission controls for construction vehicle emissions will include, as appropriate, proper maintenance of all motor vehicles, machinery, and equipment associated with construction activities, including the maintenance of manufacturer's noise muffler equipment or other regulatory- required emissions control devices. c. Excessive or unnecessary idling of construction equipment engines is prohibited. d. Construction Traffic Management and Logistics Plan A Construction Traffic Management and Logistics Plan must be submitted twice a year to the Planning Board (in December and May), to address and adapt to changing conditions in the area over time (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The plan must include, at a minimum, the following: i. A notice provided to all contractors and subcontractors accessing the site about the following: (1) Area speed limits, (2) Public and private school safety zones (3) Residential neighborhoods (4) No access to or from site over Spur Road. ii. Days/hours of proposed construction activity iii. Parking areas for workers and heavy vehicles iv. Construction staging areas V. Measures to ensure protection of land and integrity of local roadways vi. Construction Vehicle Route Designation Heritage at Cutchogue will propose a Construction Traffic Route to be reviewed and approved by the Planning Board, with recommendations from the Southold Town Transportation Commission. e. The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled Prevention of Noise, with the following additional requirements during construction: i. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. 9 ii. No outdoor construction is permitted on Saturdays (only indoor construction) from Memorial Day to Labor Day. iii. No construction activities are permitted on Sundays, year-round, and the following holidays: (a) New Year's Day (b) Memorial Day (c) Independence Day (Fourth of July) (d) Labor Day (e) Thanksgiving Day (f) Christmas Day 14.Transportation Improvements (off-site mitigation) a. The Heritage at Cutchogue must design and construct the re-alignment of the intersection of Schoolhouse Road and Griffing Street so the two roads meet at approximately a right angle. b. The following signage must be installed prior to the start of any site work, at the expense of the Heritage at Cutchogue: i. Create a three-way stop intersection where the project driveway meets Schoolhouse Road and Griffing Street. Stop signs will be installed so that all traffic must stop at this intersection. ii. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot Lane with a Stop sign. iii. Install a No Left Turn sign at the end of Griffing Street where it meets State Route 25. c. Install a crosswalk from the east side of the Heritage at Cutchogue's driveway across Schoolhouse Road. The installation of this crosswalk will be at the expense of the Heritage at Cutchogue. d. Install a sidewalk (approximately 600 feet in length) that connects the crosswalk and the Heritage project site to the sidewalk existing in front of the Post Office. The installation of this sidewalk is planned to be done by the owner of the land on the east side of Griffing Street. In the event the sidewalk has not been installed by the time the Heritage at Cutchogue is ready to begin Phase 4 of this proposed development, the Heritage will be responsible for its design and construction, subject to the approval of the Planning Board, the Office of the Town Engineer and the Town Highway Superintendent. 10 15.All construction activity must follow the guidelines of the approved Soil Management Plan and Community Air Monitoring Plan. 16.Emergency Access The emergency access to Bridle Lane shall be used for emergency access only. No other traffic, including construction traffic, is permitted. 17.Nature trail: A nature trail, constructed of pervious material, must be installed and maintained as shown on the approved plan. 18.All utilities must be underground. 19.No parking allowed in the streets in the project site due to their narrow width. 20.A gate at the entrance to the development is not permitted. 21.Disposal of Pharmaceuticals: Homeowners shall be given notice on proper methods of disposal for pharmaceuticals and instructed not to dispose of such materials in the wastewater disposal system. 22.Bike racks shall be provided at the community center and the tennis court. 23.Lighting: a. All exterior lighting, including lighting on the residential units, shall comply with the provisions set forth in Chapter 172 of the Town Code, and the approved Lighting Plan for this site. b. Any future exterior light fixtures not shown on the approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation. c. No lights are permitted on the tennis court. 24.Residential Units: a. There shall be no more than 124 residential units.. b. Occupancy of all the residential units shall be limited to persons of the age of 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is the age of 55 years or older; children or grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant. 11 c. The architectural design of the residential units must be harmonious with the vernacular style of the surrounding residences, with rooflines that have multiple peaks and dormers, and facades that mix wood shingles and stone. Final architectural designs for the residential units must contain, to the extent possible for attached units, a variety of individual design elements, including a diversity of house shapes and colors to avoid repetitive, monotonous design that is out of keeping with community character. d. All buildings must be constructed and finished according to the architectural designs approved by the Planning Board. e. No buildings shall be within 100 feet of the westerly property line of the subject property. f. The setback of the residential units to the eastern property line of the adjoining working farm shall be no closer than 79 feet. g. Basement ceiling height shall be no more than 8 feet; h. Basement windows shall be less than five square feet in size; i. The use of low-flow plumbing fixtures within the residential units and the community building is required. j. The maximum livable floor area for all units together shall not exceed 219,076 square feet. Livable floor area, for the purpose of all conditions in this conditional approval, is defined as all spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. Such "floor area, livable"' shall not be deemed to include community facilities, garages, breezeways, unheated porches, cellars, heater rooms, and approved basement having a window area of less than 10% of the square foot area of the room, all of which are specifically excluded from "floor area, livable"; k. The maximum livable floor area in any one unit must not exceed 1,999±-sf. I. No conversions of garages to livable floor area are permitted; m. No conversions of screen porches to livable floor area are permitted ; 12 n. No additions are permitted; o. Construction of all buildings shall comply with New York State Energy Conservation Construction Code, which requires the use of appliances, heating and cooling systems, windows and doors that meet Energy Star guidelines. 25.Clubhouse a. Provide solar panels on the clubhouse. b. Provide a first aid station in the clubhouse. 26.Open Space a. At least 50% of the site (23+/- acres) shall be set aside as open space in perpetuity. b. No structures permitted, except a perimeter fence may be allowed. i. Any proposed fence along the perimeter must be reviewed and approved by the Planning Board prior to installation. c. Vegetation Maintenance — as approved in the Planting Plans. The following conditions are to be completed prior to final site plan approval: All submitted items must be reviewed and approved by the Planning Board. 1. A guaranty of performance is required. An estimate of the guaranty must be reviewed and approved by the Planning Board. 2. Any changes to the plans must be reviewed by the Southold Town Building Department for compliance with Town Code, and the use certified by the Building Inspector pursuant to Town Code §280-131 F(1). 3. Provide a letter of water availability from the Suffolk County Water Authority. 4. An approval stamp from the Suffolk County Department of Health Services on the site plan must be provided for Planning Board review. 5. Provide a draft of the Covenants and Restrictions (a template will be provided by the Planning Board) that includes the relevant ongoing conditions in this approval. 6. Provide the details for Construction Phase 1 about the specific I/A OWTS system that will be used for sanitary waste disposal. Phases 2, 3 & 4 may use the same or 13 different systems under the same program that meet the specification of nitrogen in the effluent at 19 mg/L or less 7. Provide the details regarding the method of obtaining the data for the annual report to the Planning Board that will provide evidence that the I/A OWTS systems in use for all sanitary systems are meeting the specification of nitrogen in the effluent at 19 mg/L or less. The duration and methodology of the annual reporting are to be determined in conjunction with the SCDHS. 8. Plans to be submitted, reviewed and approved by the Planning Board: a. Storm Water Pollution Prevention (SWPPP) The SWPPP will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after, and is also subject to the review and approval of the Office of the Town Engineer. b. Road and drainage plans, also subject to the review and approval of the Office of the Town Engineer. c. Provide a Construction Traffic Management and Logistics Plan as described above. d. Provide architectural designs to demonstrate that the options will allow for a variety of individual design elements, including a diversity of house shapes and colors, and that the completed project will avoid repetitive, monotonous design that would be out of keeping with community character. e. Provide floor plans for all unit types of sufficient detail and with all dimensions necessary to determine total livable floor area. Total livable floor area for each room must be labeled. Provide a table on the floor plan with the floor area of each room and area meeting the definition of livable floor area as described above to demonstrate how the total livable floor area was calculated for each unit type. f. Irrigation plan i. Provide an irrigation plan that meets the conditions stated above. g. Planting Plans i. The narrow areas of land in between the buildings proposed to be managed as native meadows are not practical due to their narrow shapes and locations. Provide planting plans that revise the arrangement of non- 14 irrigated areas so they are better able to be managed as natural habitat. Do not exceed the maximum area allowed to be irrigated (7.3 acres). An alternative would be to manage those narrow peninsulas between the buildings as natural lawn areas (non-irrigated, non-fertilized, no pesticides or herbicides), and identify them as separate from the Natural Habitat Maintenance Area (the rest of the non-irrigated area). i!i. Provide a statement on the planting plan indicating how and when the organic matter soil amendment (i.e. composted leaf mold) must be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. iii. Provide a table of attributes necessary for a plant to be considered drought tolerant on the planting plan, and for each species proposed, identify which attributes that plant possesses (including the proposed turf species). iv. Include each plant's natural range of occurrence to help identify whether it is native. v, Species from the Southold Town Planning Board Native/Natural Buffer Plantings list or other species that meet the requirement of native and drought tolerant are acceptable. vi. Provide details on the Planting Plans for the management and maintenance of the Lawn, Plantings, Natural Buffer, and Natural Habitat Maintenance Area as described in the conditions above. vii. Provide a plan for short-term irrigation of the areas without permanent irrigation, including the following: (a) Quantity of water expected to be used for temporary irrigation of these plantings (b) The source of the water (c) The method by which it will be delivered to the plants (d) The duration of the temporary irrigation h. Construction Phasing Plan — Revise as follows: i. Remove from Phase 1 the clearing of the length of road running from the Emergency Access to the cul-de-sac, and add this to Phase 4. No clearing of this short section of road is permitted until Phase 4. 15 ii. State the amount of land to be cleared in each phase. iii. Provide the methods by which land will be cleared. iv. Provide the dimension of the width of the road and road surface during Phase 1 in the areas that pass through the other Phases. v. Areas to be graded during each phase. vi. Identify the drainage to be installed during each phase. vii. Identify the number of residential units to be constructed in each phase. viii. Identify other improvements and site work to be completed in each phase. i. Provide a detailed Soil Management Plan, to be reviewed and approved by the Planning Board and the Office of the Town Engineer, that includes all soil erosion prevention measures and including the following: i. The buffer must be fully planted (see "Planting conditions" herein) before scraping of topsoil and grading can begin. ii. A dust control and watering plan will be instituted to prevent surface and air movement of dust from disturbed soil surfaces. iii. Use a water truck on site to control dust. iv. Stabilize exposed soil surfaces as required. V. Stabilize all soil stockpiles and exposed soil as required by best practices, including temporary seeding and other measures. vi. The plan will include details about best management practices for minimizing the size of exposed areas and the length of time areas are exposed. vii. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. The construction entrance will be maintained until the site is permanently stabilized. viii. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties or roadways. 16 ix. Drainage inlets will be protected through the use of sediment barriers and traps as required. X. Sediment barriers and other erosion control measures will remain in place until disturbed areas are permanently stabilized. xi. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. xii. Provide details about the import and export of soil, sand, loam, and topsoil for each construction phase. xiii. Details about the removal of any sand or other material from the site including the amount and identification of the location from where materials will be removed. xiv. Provide a detailed cut and fill plan. xv. Arsenic mitigation for contaminated soil will include the following: (a) Topsoil will remain on-site post development and be re-used. (b) Topsoil in the developable areas will be stripped and stockpiled in four areas, one at the beginning of each phase of the project. (c) Topsoil will not be buried, nor will there be berms created around the perimeter with contaminated soil. (d) Topsoil will be mixed during the generation of the stockpiles to reduce the concentrations of arsenic to below 13.0 mg/kg. (e) Testing protocol for testing soil stockpiles for arsenic will be provided for Planning Board review and approval prior to final site plan approval. (f) Prior to being re-used, new tests will be conducted on the stockpiles, which will be re-sampled and analyzed for arsenic. Stockpiles with arsenic concentrations below 13.0 mg/kg (the most conservative NYSDEC standard; UUSCO) will then be re-used on-site. If stockpiles are identified with arsenic concentrations above 13.0 mg/kg, then sand from on-site construction activities (e.g., installation of foundations, utility trenching, etc.), and/or imported organic-rich topsoil will be mixed into the stockpiles to reduce the concentrations of arsenic and the topsoil will be re-tested. Only topsoil containing concentrations less than 13.0 mg/kg, after mixing, will be permitted to be re-used. 17 (g) Protocol for mixing and retesting soils that test positive for arsenic contamination at a level greater than 13 mg/kg, including ensuring the topsoil to be re-used is not made overly sandy and can support plants. (h) Safe practices during the transplanting of trees to reduce contact with potentially contaminated soil and dust. j. Community Air Monitoring Plan (CAMP) Prepare a Community Air Monitoring Plan (CAMP) that monitors air quality and provides controls during construction. Guidance for the preparation of a CAMP is provided below from the New York State Department of Health's Generic Community Air Monitoring Plan: i. The CAMP must require real-time monitoring for particulates (i.e., dust) at the downwind perimeter of the work area. The CAMP is intended to provide a measure of protection for the downwind community (i.e., off-site receptors including residences and businesses and on-site workers not directly involved with the subject work activities) from potential airborne contaminant releases as a direct result. Additionally, the CAMP helps to confirm that work activities did not spread contamination off-site through the air. ii. Continuous monitoring will be required during all soil excavation, grading and handling activities. iii. Particulate Monitoring, Response Levels, and Actions: Particulate concentrations should be monitored continuously at the upwind and downwind perimeters of the exclusion zone at temporary particulate monitoring stations. The particulate monitoring should be performed using real-time monitoring equipment capable of measuring particulate matter less than 10 micrometers in size (PM-10) and capable of integrating over a period of 15 minutes (or less) for comparison to the airborne particulate action level. The equipment must be equipped with an audible alarm to indicate exceedance of the action level. In addition, fugitive dust migration should be visually assessed during all work activities. iv. If the downwind PM-10 particulate level is 100 micrograms per cubic meter (mcg/m3) greater than background (upwind perimeter) for the 15- minute period or if airborne dust is observed leaving the work area, then dust suppression techniques must be employed. Work may continue with dust suppression techniques provided that downwind PM-10 particulate levels do not exceed 150 mcg/m3 above the upwind level and provided that no visible dust is migrating from the work area. V. If, after implementation of dust suppression techniques, downwind PM-10 particulate levels are greater than 150 mcg/m3 above the upwind level, 18 work must be stopped and a re-evaluation of activities initiated. Work can resume provided that dust suppression measures and other controls are successful in reducing the downwind PM-10 particulate concentration to within 150 mcg/m3 of the upwind level and in preventing visible dust migration. 9. Provide written evidence that a good faith effort was made to use a temporary construction route over property with direct access to Depot Lane. 10.Transportation Improvements a. Provide a plan with the design for the re-alignment of the intersection of Schoolhouse Road and Griffing Street, and the crosswalk, as described above. The design and the timing of its completion are subject to approval by the Town Engineer, Town Highway Superintendent and the Planning Board. b. The Southold Town Planning Board, upon adoption of this resolution, will make a recommendation to the Town Highway Superintendent and the Town Board that the signs listed below be approved: i. Stop signs in both directions at the intersection of Schoolhouse Road and Griffing Street. ii. Stop sign at the end of Schoolhouse Road where it meets Depot Lane. iii. No Left Turn sign at the end of Griffing Street where it meets State Route 25 (NYSDOT approval may be required for the placement of this sign, depending on its location). 11.Emergency Access i. Provide an illustration of the sign(s) to be posted at both ends of the emergency access lane. Emergency Access Only & Weight Limit supported by the access. ii. Provide plans for the mountable curbs at both ends of the emergency access. iii, Emergency access design and signage to be approved by the Cutchogue Fire District. iv. Timing of the installation of the emergency access to be determined by the Cutchogue Fire District. 12.Interior circulation /functionality: a. Provide a detailed signage plan for the interior of the site; 19 b. Provide street names for review and approval by the Town Highway Superintendent; c. Provide the location of Speed Limit Signs and proposed Speed Limits for interior roadways. d. Provide a sign at the entrance stating that no parking is allowed on the street within the project site. e. Add a notation to the site plan on the booth at the entrance: "unmanned booth". f. Add a sidewalk to extend along the north/east side of entrance driveway to connect with Schoolhouse Road. g. Designate how mail will be distributed and note this on the site plan; h. Show the location of bicycle racks at the community center and tennis court on the site plan; i. Provide dumpster location on the site plan; j. Clarify whether existing perimeter fencing is to remain or if there is a new perimeter fence proposed, and if so, describe material and height; k. Provide sign renderings and dimensions at entrance pursuant to §280-80 of the Town Code; I. Provide the height of the proposed pool fencing; m. Provide the hours of operation for lighting of the pool; n. Remove depictions of all exterior light fixtures from all plans except the photometric plan and the overall layout plan; 13.Revise the site plan to move and screen the tennis court. a. Move the tennis court out of the 50' buffer (farther away from both property lines). b. Provide a planting plan to screen the tennis court with evergreens on the two sides closest to the property line. c. Provide the correct height and material of the tennis court fencing (two different heights and materials provided on the plan), and obtain variances 20 from the Zoning Board of Appeals to the extent required for fences that do not comply with Town Code. 14.Sequence of Construction: Provide a comprehensive sequence of tasks, in the order in which they will occur, to complete the site work for each phase of this project, and includes all the relevant conditions listed herein. These include but are not limited to the timing of installation of stop signs on Schoolhouse & Griffing, staking areas to be cleared, tagging possible trees to remain or be transplanted, inspections by Planning Board, wildlife surveys, transplanting trees into the buffers, clearing, scraping topsoil, stockpiling, grading, installation of utilities, testing, amending and spreading topsoil, installation of irrigation, planting, constructing buildings, paving roads, and installing sidewalks. 15.Submit 9 paper copies of the site plan and related materials that meet all conditions listed herein. 16.Print the plans with darker lines so that they will be fully legible when scanned into the Town's Laserfiche system. 17.Submit all site plans in digital format as well as paper. 21 Submission Without a Cover Letter fl � .0 � 0 ; Sender: Subject: Tel SCTM#: 1000 - Date: Comrnents: /-A TRANSMITTAL VHB Date: 10/21/2016 project No.: 29305.00 www.vhb.com Re: Heritage @ Cutchogue1 To: Ms. Heather Lanza Various Documents l . Southold Town Planning Department � � 1 . C `, 1 2016 54375 NYS Rou te 25 Southold, NY 11971 °^� �' �° We are sending you: Attached ❑ Under Separate cover via Regular Mail the following items: ❑I Shop drawings ❑ Prints Z Plans ❑ DVDs ❑ Specifications ❑ Copy of Letter ❑ ChgOd El Other Co ies Date No. Descri tion 9 Revised Phasing Plan 9 Landscape Managment Plan . 9 _.. .. .. ......�.� _. ........� Construction �..__ �... .. ...�. ��... .... A, Traffic Management and Logistics Plan These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ❑ For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Return for corrections ❑ Return Corrected prints ❑ For review and comment ❑ For bids due ❑ Returned prints on loan to VHB REMARKS: VHB agrees to provide materials to the Client stored electronically. The Client recognizes that data,plans,specifications,reports,documents,or other information recorded on or transmitted as electronic media,including,but not limit to,CADD Documents(together,"Electronic Documents")are subject to undetectable alteration,either intentional or unintentional,due to,among other causes,transmission,conversion,media degradation,software error,or human alteration. Accordingly,the Electronic Documents are provided to the Client for informational purposes only and not as an end product. VHB makes no warranties,either express or implied,regarding the fitness or suitability of the Electronic Documents. The Electronic Documents are instruments of professional service,and shall not be used,in whole or in part,for any project other than that for which they were created,without the express written consent of VHB and without suitable compensation to VHB. Accordingly,the Client agrees to waive any and all claims against VHB resulting in any way from the unauthorized alternation,misuse or reuse of the Electronic Documents,and to defend,indemnify,and hold VHB harmless for any claims,losses,damages,or costs,including attorney's fees,arising out of the alteration,misuse or reuse of any Electronic Documents. Copy to: By: Angelo Lalno, P.E. via Jeffrey Rimland (Hand Deliver ) _ 100 MOTOR PARKWAY,SUITE 156 HAUPPAUGE,NY 11788 PHONE:631.979.3000 EAx:631.979.7070 www.cerr i lmanbalinxom JOHN M.WAGNER A) PARTNER , 1 jwagnerq&cerd1manbalin.com P��n LE October 19, 24 BY FEDEX DELIVERY Planning Board of the Town of Southold Town Hall Annex (Capital One Bank Building) � 54375 State Route 25 P.O. Box 1179 Southold, NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Road, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC (hereinafter "Heritage"), the applicant for the above-referenced site plan application. In view of the Planning Board's desire that Heritage make a good faith effort to obtain permission to use a temporary construction access road, across the farmland adjoining the easterly side of the Heritage at Cutchogue site, to and from Depot Lane, in connection with the proposed development of the Heritage at Cutchogue site, Heritage representatives, on September 30, 2016, spoke, at length, with William Lee of the Sang Lee Farm, which is currently farming the lands east of the Heritage at Cutchogue site, about obtaining such temporary access across the Sang Lee Farm. Although Heritage representatives offered to pay compensation for such access, Mr. Lee indicated he was not interested in compensation and needed to speak with his family about the proposal. Thereafter, on October 7, 2016, Mr. Lee indicated to Heritage's representatives that he and his family had reservations about vehicles going through the Sang Lee Farm and were unwilling to allow such access. Under these circumstances, where the adjoining farm operation will not allow temporary construction access between the Heritage at Cutchogue CEIlBTULMAN BA1.1N A]fDLER&1-17CMAN,l,LP 4290639.1 NASSAU OFFICE:EAST MEADOW,NY 11554 (_XR,I 11 LMr C Iki,I Planning Board of the Town of Southold October 19, 2016 Page 2 of 2 site and Depot Lane, there is nothing more that Heritage can do to obtain such temporary access. Very truly yours, John M. Wagner cc (by e-mail): William M. Duffy, Town Attorney Frank A. Isler, Esq. 4290639.1 Letter Submission Without a Cover Let ,116 ,� q %'I ryr�iing Board Sender: J _ C�v a5 V(D�—V3 VjWt s�.. w Mn kJAA . Subject: SCTM#: 1000 - 102-- — �� ►� Date: I D l I g l Comments: © � pA I' ry a L, 100 MOTOR PARKWAY,SUITE 156 �� HAUPAUGE,NY 11788 �I C r 1 1),, 2 016 PHONE:631.979.3000 EAx:631.979.7070 www.cerritinanbalin.com Southold Tervocr^.u....... ,.,, I'Ia�iniog I31rxl d JOHN M.WAGNER PARTNER jwagnerna certilmanbalin.com October 18, 2016 BY FEDEX DELIVERY Heather M. Lanza, AICP, Planning Director Planning Board of the Town of Southold Town Hall Annex (Capital One Bank Building) 54375 State Route 25 P.O. Box 1179 Southold, NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Road, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Heather: As a follow-up to my October 13, 2016 e-mails to you, enclosed herewith please find nine (9) hardcopies of each of the following: 1. "Soil Management Plan," prepared by VHB and dated October 12, 2016; 2. "Community Air Monitoring Plan," prepared by VHB and dated October 12, 2016; 3. "Construction Health and Safety Plan," prepared by VHB and dated October 12, 2016; and 4. "Off Site Improvement Plan," prepared by VHB and last revised October 7, 2016. Please call me if you have any questions. Very truly yours, John M. Wagner Enclosures 4659308.1 C"l~,flR" ILMAN BALIN ADLER&HyrylAN,LLP NASSAU OFFICE:EAST MEADOW,NY 11554 OFFICE LOCATION: �� 6 MAILING ADDRESS: Town Hall Annex �K" �� P.O. Box 1179 54375 State Route 25 SFr Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) I r 4" Southold, NY 11971 �� Telephone: 631 765-1938 fix' Fax: 631 765-3136 W"" LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD �i ' MEMORANDUMwa. r, �aollriJ 0M To: Donald Wilcenski, Chair 'lama rg Board Town of Southold Planning Board - From: Mark Terry, Principal Planner LWRP Coordinator Date: September 30, 2016 Re: Proposed Residential Site Plan Heritage at Cutchogue SCTM#1000-102-1-33.3 Zoning Districts: HD This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types:48 "Type A" units (1,999+/-sq.ft. livable area), 72 "Type B" units (1,599+/-sq. ft. livable area) and 4 "Type "C" units (1,999+/-sq. ft. livable area). In addition,there are proposed the following: a 6,188 sq.ft. community center with a ±1,125 sq.ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density(HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards to the greatest extent practicable and therefore is CONSISTENT with the LWRP: This recommendation is made with consideration of the following plans, studies and submissions: The subject file The Draft Environmental Impact Statement-July, 2015 Amended DEIS- November, 2015 The Final Environmental Impact Statement-June, 2016 The Findings Statement 2016 (not filed) Other submitted materials Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631)765-1938 if you have any questions regarding the above. Cc: Brian Cummings, Planner MAILING ADDRESS: P.O. Pox 1179 PLANNI S ��` Southold, NY 11971 DONALD J.WILCENSKI Chaim OFFICE L,ClCATIC31dI: WILLIAM J.CREMERS ors Town Hall Annex PIERCE FFERTY 54575 State route 25 JAMES H.RICH III �" (cor. Main Rd. &Youngs Ave.) RTIN H.SIDOR Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Notice of Completion of Final Environmental Impact Statement (FEIS) August 29, 2016 Residential Site Plan for The Heritage at Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD The Southold Town Planning Board has found the FEIS for the project referenced above complete. A public consideration period is open for 14 days from the date of this Notice. The FEIS can be reviewed at the following locations: 1. Cutchogue New Suffolk Free Library 27550 Main Road, P.O. Box 935 Cutchogue, NY 11935 Phone: (631)734-6360 Mon. - Fri. 9:30 a.m. - 8 p.m. Sat. - 9:30 a.m. - 5 p.m. 2. Southold Town Planning Department Southold Town Hall Annex 54375 NYS Route 25 Southold, NY 11971 Mon. - Fri. 8:00 a.m. - 4:00 p.m. 3. Town of Southold Website at the following link: http://www.southoldtownny.gov/index.aspx?NID=270 You may request a paper copy of the FEIS by calling the Southold Town Planning Department at (631)765-1938. If you have any questions regarding this information, please contact the Planning Department. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Scott Russell, Southold Town Supervisor Southold Town Clerk for the Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board of Trustees Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Cutchogue Fire District Suffolk County Planning Commission NYS Department of Environmental Conservation - Stony Brook NYS Department of Environmental Conservation - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program Environmental Notice Bulletin File ` h MAILING ADDRESS: PLANNING BOARD MEMBERS ' � Soon;"`'., P.O. Box 1179 noNALD J. ILCENs � � �, �x Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR C4UN � )'" Southold, NY 'z' TY, . Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 29, 2016 Mr. Christopher Lubicich Principal Health Engineer Suffolk County Dept. of Health Services Office of Ecology 360 Yaphank Road - Suite 2B Yaphank, NY 11980 Re: Notice of Completion of Final Environmental Impact Statement (FEIS) Residential Site Plan for The Heritage at Cutchogue 75 Schoolhouse Road, Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Lubicich: Enclosed please find a Notice of Completion of the FEIS for the property referenced above, as well as a CD containing a digital copy of the entire FEIS. Your agency has been identified as an Involved Agency in this SEAR action. We would appreciate receiving a copy of any findings your agency makes regarding this action. The FEIS can be reviewed at the following locations: 1. Cutchogue New Suffolk Free Library 27550 Main Road, P.O. Box 935 Cutchogue, NY 11935 Phone: (631)734-6360 Mon. - Fri. 9:30 a.m. - 8 p.m. Sat. - 9:30 a.m. - 5 p.m. 2. Southold Town Planning Department Southold Town Hall Annex 54375 NYS Route 25 Southold, NY 11971 Mon. - Fri. 8:00 a.m. - 4:00 p.m. 3. Town of Southold Website at the following link: http://www.southoldtownny.gov/index.aspx?NID=270 The Heritage at Cutchogue FEIS Page Two August 29, 2016�� , mm You may request a paper copy of the FEIS by calling the Southold Town Planning Department at (631)765-1938. If you have any questions regarding this information, please contact the Planning Department. Very truly yours, Donald J. Wilcenski Chairman Encls. cc: File 22"'11 MAILING ADDRESS- P.O.Sf �N ,� � P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENS Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTYy 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) RTIN H.SIDOR �� i� Southold, NY Telephone: 631 765-1938 www.s outholdt ownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 29, 2016 Ms. Kimberly Kennedy Assistant to General Counsel Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 Re: Notice of Completion of Final Environmental Impact Statement (FEIS) Residential Site Plan for The Heritage at Cutchogue 75 Schoolhouse Road, Cutchogue SCTM#1000-102-1-33.3 Dear Ms. Kennedy: Enclosed please find a Notice of Completion of the FEIS for the property referenced above, as well as a CD containing a digital copy of the entire FEIS. Your agency has been identified as an Involved Agency in this SEQR action. We would appreciate receiving a copy of any findings your agency makes regarding this action. The FEIS can be reviewed at the following locations: 1. Cutchogue New Suffolk Free Library 27550 Main Road, P.O. Box 935 Cutchogue, NY 11935 Phone: (631)734-6360 Mon. - Fri. 9:30 a.m. - 8 p.m. Sat. - 9:30 a.m. - 5 p.m. 2. Southold Town Planning Department Southold Town Hall Annex 54375 NYS Route 25 Southold, NY 11971 Mon. - Fri. 8:00 a.m. -4:00 p.m. 3. Town of Southold Website at the following link: http://www.southoldtownny.gov/index.aspx?NID=270 The Heritage at Cutchogue FEIS Page Two August 29, 2016 You may request a paper copy of the FEIS by calling the Southold Town Planning Department at (631)765-1938. If you have any questions regarding this information, please contact the Planning Department. Very truly yours, Donald J. Wilcenski Chairman Encls. cc: File 14-12-8(3/99)-9c SEQR State Environmental Quality Review Notice of Completion of Draft/ Final EIS Project Number 1000-102-1-33.3 Date: 8/29/16 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. A❑ Draft or ✓❑Final (check one) Environmental Impact Statement has been completed and accepted by the Town of Southold Planninq Board as lead agency, for the proposed action described below. If a Draft EIS: Comments on the Draft EIS are requested and will be accepted by the contact person until. Name of Action: The Heritage of Cutchogue(SCTM No. 1000-102-1-33.3) Description of Action: This proposed Residential Site Plan is for the development of 124 detached and attached dwelling s classified in three types.48 "Type A"units(1,999+/-sq.ft. livable area), 72"Type B"units(1,599+/-sq.ft. livable area)and 4"Type"C"units(1,999+/-sq.ft. livable area). In addition,there are proposed the following: a 6,188 sq.ft.community center with a t1,125 sq.ft.outdoor swimming pool,one tennis court,284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center,and various other associated site improvements,on a vacant 46.17-acre parcel in the Hamlet Density (HD)Zoning District located on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Location: 75 Schoolhouse Road, corner of Schoolhouse Rd. &Griffing St., Cutchogue Town of Southold County of Suffolk State of New York I SEQR Notice of Completion of Draft/ Final EIS Page 2 of 2 Potential Environmental Impacts: See attached Scope dated September 10, 2007. Draft Environmental Impact Statement found at http://www.southoldtownny.gov/index.aspx?NID=270 A copy of the Draft/ Final EIS may be obtained from: Contact Person: Mark Tegy or online at http://www.southoldtownnv.aov/ Address: 54375 NYS Route 25, P.O. Box 1179, Southold, NY 11971 Telephone Number: 631-765-1938 A copy of this notice must be sent to: Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750 Chief Executive Officer, Town/CityNillage of Southold Any person who has requested a copy of the Draft/ Final EIS Any other involved agencies Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233-1750 Copies of the Draft/Final EIS must be distributed according to 6NYCRR 617.12(b). Figure 1. Site Location Map 1 ` 4 � 4 , 4 � t4, 1 1 q,+ Y' 4, i i M P �N�Nd1 01,0 add p„ � N 4 r 14 � } Ci Chogue r y i ,, `s a, ti 9evo , 16, -i f � t ti •` S i t ^ �r r Site a Legend ryf i . 9 Riverhead East Hampton"' t The Heritage at Cutcho ue ..... Parcel Map w �. S�natr�g7pton . , IkC 0.250 5 Town of Southold Geographic Information System August 19,2016 Suffolk County Real Property Tax Service Agency AREIS and Tax Map Copyright 2016, 3 Introduction Vhb Appendix B Stipulation of Settlement, � Final Scope 1 FINAL SCOPE FOR MUFT EN'WROMMENTAI, 1BfP-kCT STATENrENT: Tiir JJERITAGE AT CUTC110GUE, 8C1'N1N(,, 1000-102-1-333 Rcsidential Site Plan Approval ill Hanilet Mlsll-1(2ss Dist'rict zone Griffing Street/Schoolhouse Lane, Hamlet of Cutc1loglic To-wri of Southold, Stiffiolk County, Ne�v Yaj I�Tth.,on &-Pape,PLLCI 572 W211 w1b.itilmn Road 14-Ovillo, New York 1 )747 (630422TL5065 Con'tact: Garr Becker, 11,E Anne ndedby: ToWn of Southold P.1a,iming Board, P.O., Box '.1.179 54375 State Road-25 ,qa�a;thold, Nv%k, York 11971 (63 1) 765�1938 Datel- Sqiteyilber 10j:2007 tO Ill(rod,110.6011 and LO'Cation This docun,-icill is the Fillat scope of tho issues, and analyses to be included it) the Draft E"llviromnental JAnpact Sta(ernent (C)EIS) for the proposed Heritage,a t, Cutchogwe project. 71te propos(-A prl,)jeet is to be locatod on ra,i -4,6.16-acre parcel I localed at 011e, northwe"51, corner of 06,111ing StreeL and School Homo Lal-te, approxinuately 1,079 feet north. of' Maiii Rovidp Cutellogue, "11w, parcel is more spmifically identified as SCTN4 No. 1000-1 02-j-33,3, 1,6catcd in the, Hamlet ofCutch,ogue, Tom of Southold:, Now York,, 'The sitc, is zoned Ramlet Donsity(14D) zoning district. 1,110 atWysis (if the Hejitagge lit'Catchope proJect in a DEUS has been required by (Ito Towil, of Southold, Planning Board., as Lead Ag&n for administralioll of the sitar plan reviow:, and as required by tfie New York State Quality Revi(mv Act (SPQRA). Tfie requimmot for,,l DEUS is contnined in,a Positive Dedaration isstied,1)31�(he Planning Board on July 10, 2007 Subsequ e� a ently fhgent, Chades (.,Ltd(.I),, sabinitted a Draft Sco,pe ,al the Plamling Board work, ses.sion on Jul).- 30, 200T Punquali,( to SE',QR, tbe Plalmhlg� Broard C01-IdUded SCOI)i1le, and al1mved toy 1',mbfic, participation through a public rime— heapoil Avj,oust 20, 2007 and allOwed liar written, colunient period until Septernber 4, 2007., Coninletits grail both theScoping niocting,and written Coinliten( period were, reviewbd by the Plaiming, Board and i1licorpotlated into the Final The ill Colifin-111fluce vitli t iwn Scop(,-, and the SEQRA prooess is i'nlendcd to provide coinpreliensive input ill the dmiqion-niakinf,, proccss for tine by involved agencies ill preparing thoir own findings arid issuing decisions 6o their respective 'Ilie docurnetil must be c4xieise, but thorough, %voll, docunu!,filed, accurate and,consistont, Figures and tables will be presented ill skipport of the, disc ussiom ion d analyses corloined in the docurnent, Technical inCOrrantion will be S'Llninlarized in, the body oC the Df,,lS and attached iii, their cjitirety in an appendix. Heritage at Curchogue, Final Scope f'or the Draft Environluentll Impact Slfllelnew 2 J) Brief De Crilpil"i of live jPlIq!q5!IJ flifl! !L! 1.1 The drop used project in-volves tbe residential site j4ati approval for develoInlieI)i (If' .a planne'd (55+ yeqs of age) A.UivQ Adidt C,onuininity ;cnidAng of 119, detached and w6ed reAdmitial dwellii igs, of ap proxia)I ately 2,QOO I squIlre, Ccet, (SF) each; an 8,840 SF CIL11)[10LISC; 1,160 SF smrinunhg pool, two 3,200 SF tennis coul I-ts; a 2,406 SF niailitt'llance garage:, a gazet)o; 1s gatehquise; 322 parking spaces, of MIA 219 are associated viidi the individual ckvtAling Limits and 4-4 are, associatod «litjj ti-IC CILII)IIOU C , ty s und recreation AM" � 197,043 SF of" unuprlindc ponds to scr-v6 as natural drainage rsins/irrigtition systenis; 1,162,022 SF (27,676 ac.res) of lands calting; and varioulothersite road Inv otnent, patio and sNewalk Arwovetnon Lic.an A�Iversc' III SA "I'lle descrip(ion of'the jW(CrItial adver'sm, fin]"mc(s of,(lie proposed ],-)yjmA has becii Whied thnn tho Platmiag Doa,rd's Positive Declaration of Jub, to, 2007, Additio,nal insight into imp ads is prodded in The 1% 3 HAI" wfrich Nvas,attaolped Jo the Positivo McLtratioO. Their issues are reflected in INs Djqdj Scope. The Positive Dedta-ation identified 111C., fifllo\vilq,�, reasons Co,r. (I ie Deternij nation of Quificande: This pr(q)osod action may "use it M' gMR�m�Nt ad`�wse hasp acs on walor, impacl on t)knal mid anittrals, agricultvj"aal r6soarces,aesthetic, tv-,smirk,toctca!Oxipll transpoTtation and 1,!,rowlh and ohirragr of comunutity and n6glAybo? A m6st be coridkictcd to tleturlrdne flie pqrential huppo of Me p5pond awwn, i- 'lite potential isnpac(s to imiklbing Rlynd 6ustirhas Mmwr,�quolfiry'ar quantity, noise lcvck, flooding, leaching or site,drainage. The propcxqt l actiml �vilj ;.,Illo i high derisi( "rzidcntial use in an' area %06eh ma), not baw idequate public,water toad coinintinity(public);ewcr, I 71"'Pownual iMPOOMA,to incyaspAn traBlo assos'sed to: real traffic daw analysis fore t4e larid use 6(pgory, 6xisling fall-i-ouln(ciag lall(I oses, traffic volumes and roodug ptiltomq and thnited ilipregs an(j efrress pAlits to pdman,iind se onrhu)t roads� 1 7110 potential itripact of die renIOV41 or` rlesti�aa6461r Pf lag (41J0,11titie-N Of "90060fl and ftluna!� flub eased al irkterferenco NMI dle Illoverriel 1(�o(Q,root i 1 f4d Illigratory, fish of, Wildlife, Species; substantial idvalml fmoaW on direitened or lorannnal or-plan (if'prescru), or [Ile habitat of Such Species; Or pyler sigal0cant adverse r,I rapneW i0pa,turid r sourcvs'. 0 1,11,0:Proposed mown any OUMA duntoncA'and adairgered,spc iem 0 The IJroj^osed actjon jna,y itlbstimlially affect and lwn-endallgored 4 rhe,powntial hazmAs to Mown fiealrlr. 5, T'he potentiai ianpaAsIf a substfirdil change , cue yhmj or blenh Q, , of irs, or land including agrimlIturid ancluding the bernianent lass ofj"ype I apicuhuaJ Smj`q (,)pejj pat C or reC, ", j( Z I resoukeq or A aqlado to nyport As 6 Rg uses. 6, The,potential I iinpfic(s Ito the impakinam of the character or quahly of inij)oriarn jesthedc resogives or of exist ng counnunity,yr noig,hbotho6d character, I'lle proposed action,tnay imj-,)ac(, 0 site of jirchi%oriq or historic irn liotla i ice, (tcmir over'n, three year peria& T The asscssnwnt M no actkm OMMM. 2 jjexiOge at C10010gue final Scope for the Draft EnOronmental Impne-t 5tatc„tent 4.0 Orgamizatrion alnd 0yer-'all. Cont-ent of the DEYS Document The DEIS must col-iform with the basic coutent requirements as contained In 6NYCRR Part 617,9 (b)(3). The 01,10ilIC, of the DEIS will indudc; the following sections: COVER SHEET T.A B LL OF C ONTEINTS SUMMARY Lo D IUS CR 1 P.DON OF THE PROPOSED Aurtux 1.1 Pi-oject Backgroun(.1,Need, Objectives iMdBefiefits I'Ll Back-g round and History I,L2 Public Need alld Municiplity 0lrkGtives 1-13 Objectives of the Project 'sponszor LIA Benefits offhe ProJect 1.2 Location Alld Site Conditions 1.3 11i:-covet Design and Laynit 1,11 0 vem,11Site L nyollt 1-3.2 Grading and )EXaitinge 13.3 AccelSs, Road Systerriand Parking 1.14 Sanitary Disposal and Water Sopl-fly 13.5 Site Landscaping and TJ z)ifing 13.6 Open Space M mi ConsCructimi' d Open,,ttio u 1.4,1 C ,onstru c6on 1-42 oper,11:1011 »5 11'e.rmRN and Approvab Requived 210 NATURAL ENVIRONMEINI'Al,R,E$OURCJ&S 2.1 Soils 2b 1.1, Existing Conclitions 2.1.2, Anticipa(odhiipacts 2J.3 Pwposed Mitigation 2-� WAte, A,esouj- �Cs 2-2A ExistillIg C011di(J011,18 iJ,2 Pro1os4mi,6 , 1011 13 Vegetation rrxkxl 10(111k, 23A Existilng C0jj(jjtjQt4j ,2,3 n x1pated Impacts 233 Fropo'sed Mfti,(pition 1101A NT ENN IRO NMENTAL RE7SOURCT'S F1, Existing Conditions 3,,1,2 Anticipated In-ipaots 313 llvop)osod Mi6gation 32 1,141:14 Vse zonilig auld, 111,1111V 3-2A 17x�sthig('0111(fifions 312,2 Anfiripated Jlnpacts 3.13 Proposed Mitio,ation, flexitare"It cutchogm, Final Scope for the draft Impad SlawnwO l 3 Communify Flctilities and Services 3.3.,t Exismig Cojidifions 11 :,\.i I 3 Proposed lvlitilga,11011 3.4 Aesthetic Rcskource32 01xil Sjxace,`CGM.11111114� Character arid Public Health .3,4_1 Exi ting Conditions 1.4.2 . Anticipated lailmoN 3,4,3 Proposcd IVII.tioafiffl) 3.5 11istoric and Archaeological Resources 3.5,1 ExistiligCollditiom*, 3,5 2, Ai)tioipated hnpacts 3.5,3 Propasod Mitigalioll 4.0 0 T t,I t',,tt Jt jw Q v Itz t,,,,t),S i,,cr 10 Nq 4.1 ("!IIIIIIIIative frupacts 44.2 Adverge Be Avoided 4.3 Irreversible: a Irretrievable Coamiltolent of'Resciarms 4,,4 511 No iketion AltermaUve 5.2 Ajiterflativ"CIlesign 6,0 "Rc.rlu�a,,NCES M,ITNIMCCIII�; 5 K. Ild(en tj�l (I aion0 __—E n— t .1,txjS(ljJig, �a lice4q) As required undler SE,QRA, Ifie, DEIS"will i i iclt,icle, "(1, sutt,xnent tiod. ovalPatibli: df potontial significahl zadverse itnlJ I a I cts .ril a lovd'of d0tail (11at, refled's tho sevaity of,016 imp"wU aad the reiisanable likelihood cl,f th i �it this, e Cituatio'n Nvill be reasonably relat,(,,,d I p r occurreace", Inchided i v' sholt-teml at id lonp-term impats' )vid other, rccloit' I secti e( oils idealtified in the Sedioil 6.0 of this scoiling docullient. This se.6ticui further descri I bos t1le level ol." all"alysis'tine ffiet pe, of tftj,ialy<,is expected mv�ith reslimt to the k6y (1111VII'611111,611tal fillj,)ad ,O,f the'liroj1e,Ot,as' 01,1101filed in flm Posit,ive Doclaratiott. E.1,6hjlla.j()r Se:C(I"011,1 JsfolloNvcd by P, desdriptiork of tlle ,i(Cil("and quolity of information, needed to perkmi the,vwalmition of paclr dille,jinpacted rc�o`ureas. Y n! Back,'gromid and Hivor;,)) Pablit-NI'Ud and,AhMku,,pedioo Obi iycps 1, prqjec( tmt terim",of"Town goak for site, 2, flub]ic necA fbir Ihe pro.ject will 'lac. disc u�wed, .1, Flo pI I �,erved by 010 prOJe_,Ot will be idem Ii I led, ObiecriveAv of the JIn,#(,v,SpmISO), 1. The objedivofl: of(he prf,)JeQ( $,,pollsol-will I)e hiclu(JeA ,uid discust.-,ad. HeritHge m Ciii9chople Fhial Sciijjw for- the Draft, E01vironmemal Impao s0fterlmnl 'S 0 Olffft I- The DEIS will Include it of the coininurilt\, benefits ia,%pccled to acelme from (lie proposed pro p cl, aflon (md'vile 1. Using appropriale mapping aji&or tables, id,-�scribL location of site, Azonijic and service districts. The existing C-011d, ions of the site., in lerins of site sun?ev, struamvs, vegetauve cover N�,ilj be provided "I'S HP, ovicrall backgViciund of existin 1holls- PrqhvDc,sigm I, Include a I)Jief (kur[p[iGn of the site and prqject layout; describe b6sis for silp, yield, proposed Structures, ser)'IcQs, wifities, accioss points, mid system, drainage, site qrtamioes ilble 2- Address breakdown of use areas front a strLICW.ral.StallidpOilit, 3 The -raK ding program nad associated, areas disturbed will be 4iscussed along wiffi volun 30's of' snit val/filled,remcmd from site and riviNinium depths of oul/fill, 4.: Site dj,ainat;e and prol"vsed drairlage systelvi mid provide- capacity and fundion itillormation will be provided Mong Nvi(h a discu,�siorl of Confi-n-ill'alice to NYMEC'SPDES storinwater and crosion control regulatioris for construc flon conditions, S. The %pehic',4t, �,,lociv-ss points, inte'l-lial foadway layout and traffic cirudation will bic identified, 6, 1"he adeqwtiey of on-,,,iie parldtig will be discussud; reqUitled parking vis roquired! by a breakdown of" bo provicled, 7, Dump.ilcr kications will I:w identified. 8, Pvcq)osed 1)ro jact lighting will be identifted. 9, I'lle DFITS, %vill biclude it &scription of water supply, inigation,well, wati.r.Supply and fmvposed wastewattr handling, and cony esprmldhlg use of vvatm-smpply and saniuiry design flow. M I n fq rinntioll oil (Ile lype, arrtoullt acid local loll of buldsonping, proppsiod wil I be provi dred, as well as iir (iol-I (rTjri°iairiteaairar'accw Titi pon and f4tilization mider operati on and rt,,�iquirenients mich as it I ZIA in tem"llice. ,1, Thee,o0ristruction and (if the site,will lie fully(Jist;u§&M. 2,. Pro.ject phasing, (if applicable) 3, Metho(I Of"colisirticLion,cojistruction isdi 4, Constmet'i6it managemen't, equipment s16rp&/,stagihg, defive rou I(% bours of O'PeTatlit,�)h, Nvprk(',,,rs` all parking J*otecii ve IAMAM& U11,11fitylof Soil imporVexport,,it-tick r6tiLbso Abdulidgaii6m Opp tvion t. In tel`1118 6f o the matiag& f I d Orille WIWI aflIC pristwhon o open s )a co IM1113,gemeni rind operatJotc, dqs, rjlba road a �uw� po dic.6 Ae�peribe la�ttdscapo, nd open Space Inainisi re art,),8,pecial conditions whiob itiav apply. 2. Uses,oximpted oil" vadoms JoGaiiojin and fa ci I i G es virithin the sftc,`�,S688011S Ol"use, filtensity of use, whether the site will Ile O,pell to special events; 3, Pre, f mle-d number of etuployms required for the'vviriou's uses for wicekdays, webl�ends and $'Oisollal 1")CA 4,1 Truck 4im",Oxpcetcd foi dehimics!and delivery routing; 51. 'riluelt unloadhig areas; 6. Seasons 01,01jeriltion of Various compilaeoN 01,11le, fiicility; 7 Mil o v m4noml will be(1080ribed aS related to 11,3116lig 8. E'll(liO,re",.,potim fAc f�rlr siia operatiolls. Pc"poliis andApprovaly Required I, Identify all required perniks and reviews 2. Tridicale the film g,date and sWms(.4'skibmissioris to the lead arid involved agmmcics. 5 110 Oage at Cutchogue Finat Scope fret Me Draft Enyhonmened Impad Suers meni Natural 9-Cs"-ml-C-cs, so i his C'Nisling 4011 types will be de-termincd pLrr&0ant, to tile Suffolk County Soil Survey. 2, hypant to soil;: %Yill be &Wlsscd in lerins of >oil o0uslianils pul:sL13111 to Lhe. SLIiklk COUnly SOA Sunny Wed on the tyj)e ofland mice propond and thu consunints Or each hail typr:. 3. Impact of lass of agiicullural soils will be disclosed and Wrigotdon examined where feasible. C TWngofexhtJna sail kwcmaamWwus, Mater Resources 1, The groundwatcr managell-jew urge as classified vndtr Article 6 of theSuffoll( County Sinitary Code shall be referen.cckL 2. The depth to groundwater in key development loca(iofis of t1le site -Will be deten-nitied by use of on- I The expemed dircctioapt of f grouodvN,ater flo%v bascd on hydivhWc Werpolacion will be idejldficd 4. 1hiMing ground,\vzater qurility analysis from omike, tut;( weals'� 5 The wator supply availabifily, pnwkhr and capnoity of Systems will be eslablished through cummunichWi Wh the water disuiu, I 71w location of pdvwe and f0dic ),vells Nvill baa deterinitted, with spm:ific roference to the SUVA Evagmen PW-nP 806011, 7. The exported inVact of the procoL with respect tt,,) wmer, quality shall be fully cmunined in terins of vViliulry discharge COMPIAnce, wame"num syment opwAdon and regultory requirmocnts and expewed impmets on adirteent properly wells awl smrfilcc waterk. 8, Applicable SORA CountyWepariment or mesio, Services (SCIAIS) reguiations and requiturroAs ,will be idendfied,rurd,tits complUmae of(he action Nvith soiTw''All be efoluated. , 9, CaloOlations of lnojec(ed sanitary flow nrid, Consistoncy wi th the ufftilk,(%)tnty Sitnitaty Code, will also be provided,, 10. The change W, lq%Wgy of die site in lonpis of quiintity,(it' rem„1i,argo itildef exi's(ing, and fidure condition-s shall be esQUAwd itsitig.117prclPriate hydaologic,;:walysis 1110hods. 11. 1,11O)EIS will Provide Calculations of prqtected watei Cofumilption Or each tmse iptcalmaased And, hi consollation with th,SugWk Aunly Water AuthorkY, will evaltuite Clic abiliry tam jnPe"t Illis,projorted water dernand, 12, Th,e, creation, surfaces Uqd pla6,etnent of fill, wvjll be ovaluided in touns 4-13ptential to I change drainage paUmml in the prWev arva an(i,inipact can drAinage,related tozorrnwall 13, Mitigation,ineasures, which may Wduce p6QUi4l ii0er quality itlipa-CO shitil be idenflfie,4 Bxis(iog nplar�d halblyls simll be inventuripq theough an inspectioji of the site by, a qualified bi6I6gi8t/eCOIOgi8t tOJlC5teFJTPnc the %mgeta.tioq, QUO, and o!)crawl habitat,0",ianwtQr, An inventory of Rom pud hnna obANd andApMed uAll bc provided in this section,of1hc,Dt,,18, in additRm, protected nittive plaws, plant and ainiinal specieflistcd as taidapgeyetI, jhrvq;en qd, sycial coji(xm (or with trot de projoHd status) and significabit habQ mans op or, in the, vicinity of Ole prqject site will be identified, 17he ske itmenAup talcmi WHO to fnotacled nativo pla�ifls, Plant and animal Specie, Wed as Wtuagered, I'll reaterted, spacial concern (6r &b r'pro(eoive st"Ous) Luld signihcani Imbitat arcas s�icnd.d [.)orwAwKd in Me season lhe.y arp,likcl,y 10 OICGI�jr; 3. 17he NY Naturq] Heritage Prog; ;realm, � ill Go 60111acted,for Ov, Me is fbrui,f,itiort c4mcerning habitats, plan I and abil"bid species 0 Impact to habilats wilt he quandfied and dismswd qyalitalivolyi,il terms ecological impact to plants 5. cuoittiAtivo,aspicts or oss of What w0l be idenlified, 6. MCMUres to redttc,t- potential irlipads, %vill bo identified and nlelhod 1, Pr" Ade at thorout.,;h analysis of Me Mc impacts of the,proposed dmiclopment on (lie roackvay Heduge ar Cute ague FAA Scope for the DraA EmMumenMI Impad Staument 2. Includc analysts of the propo�,-.ed phn and Wernal roadv.,ay sys,Leni kind a hill traffic. irnptct Study assessing Oct proposed devatopmr -.nt',s impkict on the sumounding roadways, I Ac6dent history dma nAl be obrahand as avadaWe Alm rnunicilial agcmcies and mill be evaluated it lernv."� Or flic proposed projle,�:t. 4, The Tralfic Impnet Study will inctude- collection of data mgm-ding Manned roadway inquoymnewt; and other developments, Geld strrveys and counts of existing traAfic volurtles, estimates of fumrc traffic volrutl�s, analyses or existing and fluiture traffic volume� and identification and riming of required roadway impru-veiiients and the eri(ity resporisible for initiating fl-tose iniprovenlelm" Ile methodology is described hemin, 5, The melhodology AN consist of a detailed mvievv ofeWthig land-use,roadway and traffic nonctilkins near dip proposed -site fi)r flw Existing Condition, (lie No Build Condition (fUtUr'e traffic conditions without the proposed development), acid tyre Build Coudition, ffuture traffic conditions with the proposed deyerorquc�nt), The EAting Cr nAtion will be. aaalyzed utphing seasorfally adjusted traffic volumes to represent die peik romith c)f the year and field�eornetry collected at the follv ,ing inlereeet:ioirs: IN4 Rin Road (NYS Ro u(z 2 5)at 1)epot Lane. h1hinitoad (NYS Route 25) at Qiffin, Sqeet addle Wond (CB 48)at Depot Lane ScImolherme Road at Depol,Lmle hPin Road WY��S lkori(e, 25) "It CtwcvnLzmd n� Whi koad (NYS Route 25) sit Ilighland WK Road (NYS RAN 25) at Nerfll Street J. The lei Build Condition inaffic Nrolornes will Col"Isist Or the'exisfing volumes a(tiusted by an annual growth fimlm to accoun't for nicremses in population as well its propo.wd tim-loprilouls willitin dic Vicijiity of lfie, site, 011im-prqJtec.Iq pendkig in flie area will be idetHMed 4y Town Phnning Wand included in the evaliurtion as appmpriate. 8. rr aific voiqmos generated by the proposo, pr9ioO will be (wernihica nsitv, rrE trip generalion and Lung lWantl specific cd,miparable ienkrr cidzert project cK and then added to (lit!No 136ild Corttlition, to detenllifar�a(Im lraflro volumes fbr the Ifie-proposed dev6loptlio))L 9, nw, mu,(i), win al,en be guinlyzed using Mghway Capa6QS09 WmV (HCSI by apoymg, 01C field gempre, Wgnal,limings, and !:Im oiilcuiatocf traffic volumes to detertni rio levels of 8erykc Any subsiatirtial de0ild,1663i ill LOSbAmen We NIBuild and BuiM iineii=fions 16H 11 CMPW,Md QW&UMP hurmidh gcnerat6d by,the prbprmed dt-yelopin(mit. 0:W AWdy Nmvill ftice into acoodilt the 16 specilfijrdkly iilaofifled Mrmfil ,Dotrrd cobmxri'sr kaed below (incWhig coirespohding "FIS OQ munbem); including: faturne hamlet dovOopnwnt; intcm-c6ins widi'F Level or SWIc; st�,asomfl adjuglment tang p; adsting and fittilre'bitersec(ion traffic voltune anxf :hcoid,dntl lgriificanc/illlliams Pf lveci& j1hter"Coi6it LOS; ililimal grnwth'fiictoo','trip gorieAriat oji,da6,,,.iiid need for- irlore l6cill data; AWPM peak lr ur consiste'licy; traffic volllhle rGufflig; IrafFIC sigIftil feasibilit r and nued fear, app it jifia(y/foasib le inifigation;. Potontial inipticts �Oifll,a'hd withn't Ilic opimjng of Spur Rand and �ncccs.q,u) downtmvh Cutalloglic" Depot Lalie (ball"i lidrth and kmflh) And Griffiiii; Stiret/f(oute 25; and 1) Th6sWdy fails tri cvnsidat'addressalg t1se of`ihe,odu-,T, H"Jollat Husiiw,4,s 7.oned oafcols in pr ilni(y to the paj-cel it)question. Q'age.4)� '2) The sludy firils to alh Awhat level of illipoot in L6,b],011" servicm 3) how the'), cttita, they emblwmd by die NYIDOT, Tho study,is. unck'ar il'I'llose"'asolial fnctors,are quaBlied lo real trafNe lautirts and Imit its rePreseatmiw,cof die louale, (Page;6) 4) Theseasonal adjumnieril Cactors 0%on q mWiddy basisohamdy typhed a1411 Achr to A-, wookda'�'s rigid as 19% 11clor to lbe weekend volumes; (hc,,,,cAr:,,clkm(if 1,I)c Riclors by the KYSL)0T is 6nc.mplain-d, It is turiclear ifflie faclors are mptesenrativc,offliv,locale,(Jlagc,6) 1) Cak"uhadons CoWd nm he dmilicsteed-at(lie iriter'section,of Griffing and Slaw We 25 Psing dw, traffic coutit daul and the Seasonal n4justmoll,hictor), Pa go 7, (Figure 3) 6) TIm WyAs of'I'able 3 in disc ale,5 dial "rear-orid Collisioll,may he: nil iodication of AftlicioRh the staUtinerit is Hedtage at Culchogric, Final Scope for the DraD impact StNtenlVW rnadc, no rnicigwjon is ywopersed, whWh suggeos that dirf congcsLe-d ocniditions are acccptable at pre-build conditions and iic-,ceptable after-build condhionsAle Matcurmt mwnnm Buffer explanatiam (Page 8) 7) TV study indic.ates d-mt s14 Ljj�eudy the Nlahilkoad aud .Dcpot Land- operates at a p-cor level of surAcc QDS F) during the P14,and Saturday ptak, hours due to heavy tiaffic t,ohunc,,i -,li Main Road, It can bc.cxptcled dkil 1`611o"ing die build out:of 139 units, the LOS would cowhwr to worsen. Apji-enklrx D Capacity Analysi-sulevel of San ice Worksheets �- SUnlulary Tabl- indicaLes chat the level of service decreases in the Build Analysis 2007. The LOS at Ific, southbound left turn Currently opuntcs, at an 14 Nlowhg dw Budd AnQ%is the Icycl of sorvice again operates at R ]'lie dect-case of the LDS is:,a result of-the nwreastd vehicle, (Hpq in tile area resulting from tilt PMPMbd MW PSI, ThC signifi�ance of chasyc rchtiVe to hqmcm Wn a LOS F to F is unchsar and should bcy liarther explained, (Paggi6 14) 8) Currently-Main Road and Cgriffing Shoet operates ata r a LOS F and:E ill the PM.and Saturday Fcalk Hours-Appalldix A indicatrs that the soxidthomod apfiroactl operates at atos of F under cutTent con1dons and following Build gird idoni j jairk the sliinificailce of`dogmdation at the is, unclear an further requires rther evaluatiou\and or initigation, (Page 1,I) 9) The al"Inua I growill New obtuined froin NYSEM is I X0 The;Planning Board qiemiorls if the ) rowTh facte,,)r to into account land use and rate of davdapment,indicative of Ensler[l Long Island or the'fown of Southold, (Prage 10) IM The Manning Botud rvjects the snollefing of trip for the propos(xi action u,) Elderly Housing(dotachad)natiorrivide irtffiL modeling Criteria used in the Insfifitto- Engineers arEj. Elderly howhig (detached) is restricted to senior citizens and I nay Colluda special Services(Irledical facikries)oil site, Additionally,in a Decetnlynr 11,2006 letter Era!the Planning Board, the relponse to Comment N I MAW Out!Land Lho 251 SOW AdWt Hoinhig. DcMdwd MMIMI data was used, llle,t%xi documids KonfliaL Ac action is Inaposed as all "Ackv Adult COMMUnij! Ile PbnnWg Bald is re(Inestilig (I'M MM dMa JIM U C001im'"ble use(Aclive 55 and older condoniiiahun conirtlunity) loctited on fxmg,IsLuld bl,Irsed to We Ow haitt!Ap genentiori jaodeling, (Page 20)' ' 11) Is 11w AN4 peak hour used hi,the 1113 Land US0(00de for Elderly Housing (Delaulled) fhe sarrie druto ns W AM pmkhow used is the achud,traffic,cou sti,perf(a lined lay NOsonA, Pope(the stunt, app ties (o'Phi peak hour mid Saturday 0eak hour)? Mmid ushig dirfi Brent Hours re milt in inft6curatodat'l7 (Page2o) 12) The 2PO7 She Queratad Weekday AMA'raffic VQluirlos indicate thilt 6 Milicles Neill exit GriflIng Mad and the State Road 2,5 intersection,1i'veiiicles Nvotl ' Radand 9 whicles ill exit oro Would exit(I'le site via Schoolhouse Road and Condulloe to the C0jjjljYr1Z&id 18 slid lhe'Dqxit Laut hVersectiol TU vehicle Irjps saan) low and routing unrealisfic, Tfic fllawdhg Board qucsiiow� t:ibialnd and used (Nvbero to model the e ilia oualysils and r6quests the;steal data lie IV trys mA rout1g, (Page 22) 13) The Study pivposes,jilitigotion(ti-aft-ic control at D&I.)Ic)t Roald and of txpt�4ed LMJIFIG iftlPaCtS Vilidates that the action nitayreslilt in a pot6fiafly sigpificant ca,,large ippaut and heedi to be birther addrdsied As cmiuMuled W he NADOTAw prWand aNwe We cmkvl is not an option to ftlillMe UaMc hapos, Alienviti Ve niift!ation of Wiff ic i alra ots Inumlie evaluated and propose (Page 3 1) 14) It b the Plhuing Board's posiflon that the study I%to analyze the inipact ofthe vehicle trilm from HighlandIC-)await Land and Schoolhouse using S'ptq,Road (if h is operied)a.,;as nicans In occcss dowinown Cutchogue mid/or pass thro1q;h to Dep6tLinw)CA� 48tinc1 Q The Wfic impacts if Spur Road is apaidb`hot oj*ied have nolheen ruloquately addressed relative',tc°:i (be NYS Route 25&finer iffing Avenue in(orsectiom t 6) Othey Wes;ahlet-liltives should be cotisidW access directly frog the proposed site to Depot Lane througrh fli(,t property to (11.6 US(- 11, Mdgetion will bo, tiroposed to address any significrall dq,,radationart" the level of' servicc. Ali explanatioo elf the fe�,lsibifity of inifigation 12. Arialysis oC pedestdan connectivity and movernent, Froln site to haralet ce-,fder and "Id"j"Iceill, developirlents. 13. Wilmd W parking infrastrocitire relative lo Imul use within the hainlet (:,cate'r. 14. linvilencylolice raTonae We as a result of expeoted inurellso ill traffic. 15, If Spur Road is openmi Wic anexlysis of llighl,and arid Main, Rand, (KYS Route 25) and Crown Land and Main Road (NYS Route 25), 11critage at Cutchugue !qnnl Scope Or the DraP Whronmenwi Impact Startammi I.Cind (ffe, Zoning and Plans , Tids ScAnn of Me DEIS mill describe cxishng NO usu and zonAg on the wbjeol Ac and in A, onamud4g area, 1, , IN exisOng land aria chamcur cd the Oe and surrounchng nirefl withm, 5500 6ect "vill be descil and rnappe& 2. 71c zoilirig WT applies lo the -,fte' vind the area mi&n 50f) fe,! wM bc� di,rsctisbed anid And a descriptimi ofxoning reguWdons Ar the lwyed she Mld SLHT-01.MdiPll M-C2 Z031ing 3, L,wid use pkins whioh, p�rtain w the prQecl An will he e%nhwled wAh ernomds on Me Nws adoptcd ,nf,1P,.i 1 994; 6 SadthMd 11wn SwyaMMAp TH Ame Qum (I IN) 0 WON Tuils offhe Nor(h Farl',(1991) Peconk fistwary Progrwn, (1995) Hoonoinic:Development 11wat,(1997) Platining filiticitives(1997) Cornablivity Preservation 1,11-.lied Plan (1998) Cowny Rome 48 Con1b; lAnd Use Study(1999) FSK Wid F*;u-irdatt(I Prejervation Progrtim (1983-2202) A SOUISIVarm aerial Ntirliand Pn,teclion Swoq;y(20W) WAr%,ply Wrtagetspni A<! Water Prok-etion Stn:da°,m y (2 GO,(] 90 &nealic Spqtliold Corridoi'llgagernent 11bn (200 1) 0 ).juc ROW ChWildwi for Rural.Southold(2002) 0 ',Sbinhold Cornwelic"10sip Implmnenbtion Strategy and (3131S (20,03) 0 Local Waterftont (2( d)9 ) OWN Hain'let Swd (200S) mrvation Prqjeot plall (2006 Upda(e) �e Aren 0 Towne Win h4apWCbde and(hunpwhenAw PKi # Tcwii Affordldnle Housing 0 Nbrth Fork Weds As,wssment (2002) 4. '111§pbQqWtjbAh3j of jhi"d6lill 0161 VIA001fi'llie s6rr(junding aroi a611 In.,ass",se& I Onne the above illrorblation is,P46jiijtA, (be DEIS,YA qksw the Wpacts of the propowd actkin oloill'J 6,8 alto 7onsig,17010-1111 Pact aip esstllellt Nvill conoontrat6 oil evaluaiing she consisunicy of' 'fie OiD pcxsa d, in tion us6 and zoning. The conilm6bility (,,sj' the proposed 410tio1l,with area laud useviltho asmsed, A, Tltp donp,kana nn a f tll wiih,6nd'uso lamas will l�ne cyalllatai and (Usc ussed. Projeci my be iond use,zotaq,",c')r ini1xicts wi,01 msjx,,Ct to land 1. 11c Wging cyndiuniO, servioes,and,Me ab#y of these swrvices acconwluodate the proposed prq.jovt will ho described. )."besfrvices include- Fire and[AthlrtOaocc Servie s; N\" atcr suplAy 2. The irnp-acI, analysis contailled ill (Ile DEIS will inchadeconsOations viidi serviceprcwidersr6 z g 11 fing axiNg demand 66r, Services 04d capa#Such that the INAS %AH oWec(ively wittlyze the inipact of A pmpowd actimf on connnwi�ity facilitjes and services, 3. 'llic DEIS sRdll inn cluale. deudled pr(jjeciions of service dewand Wi(b .svppordrnr, 4. Th e,ex isti n 9 tax mvetwe 0 f Me siren.A A be WEI Wwd k) I kedtage al Cuh lcugue Final Scope for the Drah EnWonmenNI Impact hialement 5. The ern ergexwy services (arnbulance, police and Are) %%kh sene the site v,,ill tic lden6fied and conwed for hVut %vidi respect to con6nued abiLity to sen% the We, 6, Clonges associated %%% the propos.E:°d prqjeci "Of be evaluatul in twus of snulawy scrAce amem; a practioul alppvo.ach %vill tn, Am, to epsuc Owt sak mid et)56va mrici-gency %vhde amen to the she can be Iwavided to the she, 7. Hydrunt instalInhonAockon and adun WOopriamv conAdmPlAms "Wh Wst I allroing cxncTency senion W be induded. 8, b4i6gWon fox ernergency serviDu access w mama awt eqw'pmoo con rwigrcss,)eguess tine:_ tine., will be OWN, Aasrhetir R(-,wurces, Choracter and PlibUr Health 1. Existing site and cotumunily charac-(cr All be idenHcd and nnpct, teu coninnunily charader will be cvnlualed 2 11e, 1�)roject Nvill rmuh in n chmWe in Ow nemliqUe elyracter of flm site dup to renjoval of WiNig veguadon, Impacts iviR be d6dand and milzigat;ian idendfied whar, f�isible. 3 '11le open space resources of the site and area %vilf be idmrtlifie& d'. The prqjw will rc%aol( in the loss of open space due to ranoval of exisiing vegetation. lnqmci evfll be discl*d arid rhiligaiibn identificd w-herc kmsiW, 5, The existing notge e6vironvacal WIN evaluated in ternis of anibi"t Wst; swuhWe rmqvon and 07 Corls.[ruction activities in; terms (")f constrmtiop schedule aTd durationj ninterials: and molragel staff ging ores, vvotcf scat sawor'systerns con ne stir, nq prqqwltwiqllir)g of qonst,�uqtliqn W.,isif.,,hourt; of operation and tnick routes ivill be evaluated, 7 Describe, (],to initpau,� related to consrruaHou noise, dtnst, ei erasion and twdirnenfAticni, area recelwq applicable nuisance rqgultrtions applkuible agency oversight Ad SAPS& #mMqg of Me Pirijut, staghig areas, porking aretts, operation arems, duratiou, hours, and relaled inidgadoo' wwasitres to redijce construction it)tpacu The poteritial noise and dust ippacts of 60kruction relamd to clearin g., construction activides atid traffic will be assessed, 8, Mitigatiori in tenns of design,bufl[hr 14an6ug and open spce will be cxarriinmL I 71te awheological resources of tbo tdte will be Wdre&wA thrgugh a Stage TAAB Ca tursi Resources 'UmmunerA (CRA). The site is within art area 6f gyphacologizol SNOWt y nd theiefore-a Stage ]A,/,IB is rcquipxl, unJess signifivara gioural dbtudognph is 0ocyrricolqI to kh6' satisfk¢ion 9f Athe OPRflP, Nay Wigntion whieli irlay bc-neakd wdkbf idenOW 6.0 01JLeK Reutfiml-Sectioin In additiort to the key resoureers identified in (lie Positive Declarzition, SFWA identffic;s offier requhvd sechons for:a cotnjActe f,)J;'flS as included in 6N'Y'CRR Part 6119 QX31 MWguUmi triensures nIvill he NeWded willi respect, to e8ph key impaQ wva as Qed hi, SAW 5.1, Alternatives to be studi('.-,d tire idend fiod in Section 7..0.1 fbilowing Otber Sleelfions and evaklations,will. be provid6d ja the DEIS. 1. US; aild Conselvatiott of Energy Resottrct�% ('11ae Projecl will increase enefrgy (Ise:Nvil'ich " could be sign ficatiL NNUgati011 W MdtMe tbe, hrijjaCts of' rarjlergy 'cOuld inchide buHding hoirics, to l3nergy Mar and, Lxadet.-ship in Epergy snd ErMforarmutid' Desigti (1.1113D) slandards andJor applying dark sly mandards to lesseir Ilic impact of energy consurtied. Iliesc aspCC(.q of,"(4)(1.1 jrr(-)jCCtL Will b(' OX31116101) 2., Citntiflative Irnpacts (Doseribe other pending pnjeds in vicinity, determine potential for imp.Ats due to of proposed project in corribitiation )vitlt others and discuss/anmyze hrlpacy) to HedUge at Culdugue final Scope Wr the Emah EmMonmenug! [mpg"sy"emejIt 3. Adv-ersc finpacts That Cannot Be Avoided (Provide brief listing of those adverse onvironnicn(al impacts descrjbcd/dm,-ussod previously -,,\,Inch are anticipated to occur, Mich cannot Lie completely rnitigateJ) I Irreversible aid lactievable Commitment Of ReSIOUrCe,§ (Provide briaf discussial of those. natural and liuman tosouree-s which will be: comfi-iitted to an&or consLlmed by the 1mvposed prr�;Cct). 5. (jra%jjh.IndUCjj)g j Sj)(.-CtS (Provide:,brief discuissiart ,:of those aspe-cts �f tla� proposed proj I ed vd-)ich xvHI or may triggev or contribut,&to fuwl-&� in:the area). 1.0 AItermqIiyv ,.!.2 1ae..�jtqdiecj SEQR-A mxjmr('s a desetiption and evahathy-1 of the Ynngo of rommIMAc allolmdvm �o the acq,)�V that tire Considering the objedives and �mpabilities of die I)roqje(;t slrons6r, As nr,ikd in SE'QRA, "Tho de„aipdon and ovduakn of each alternative Mll Ie of a level Of lethal sidlident to permit It comparnlive a"ssessillynt of die and nic-1hods, of Wuakon are amidpW& I, No Action, A henmtke (Ahoma6ve "Terel)y thesi le rmnahm in its cunwo con$15n), 2, AherlialKe &Mgn, inclulng but not Mnited to cluoedng of dents chedsand auhhed u0s, to mate meminghl open Qmce and numh-nize vegetative btiffei-s alcing thy perrimter of the Propedy, �I Re(hice existing numbet ofunjfs, Ml Pardal WWI pr(,-,vkva[ion, m"'Ibe lvoperty., 5 Aliernative design for wa.stevva-tel. [1-cf1li'l-jew The ENB8EQRA Notice Publication Form -Please check all tha apply Deadline:Notices must hnreceived by 6p`mu.Wednesday 0u appear in the following\Vcdneuduy`mENB —Negative Declaration - Type l Draft EIS with Public Hearing Conditioned Negative Declaration Genrdo 3upp|cnnertu| Draft Negative Declaration / Final EIS Positive IJou|uratioo Generic with Public Scopiog Session Supplemental DBCRegioo# 1 County: ovnom Lead Agency: Town mauumvm Planning aoem � Residential 8i�p| mTx � Cutchogue Project Title: "" . � � Brief Project Description: The action involves . . . This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified mthree 48 addition,there are proposed the following:a 6,188 sq.ft.community center with a±11,125 sq.ft.outdoor swimming pool,one tennis court,284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center,and various other associated site improvements,on a vacant 46.17-acre parcel in the Hamlet Density(HD)Zoning District located on the n/w corner of Griffing Street and Schoolhouse Road,approximately 1,079 feet n/o the Main Road,in Cutchogue. Project Locat on (include street uddream/nuniciou by): _75 Schoolhouse Road,corner of Schoolhouse Rd.&Griffing St.,Cutchogue Contact Person: oonumvvi|vonom oxa|, Address: «4 11 o7sa ate Route z» City: »oum»m State: NY Zip: 11e/9 Phone: 631'765-1*38 Fax: 631'765-6640 E-mail: For Draft Negative Declaration/Draft EIS: Public Comment Period ends:_ ........... /____/ .... .................. For Public Hearing o,SoopinQ Session: Date: / / Time:_____:_____ann/pm Location: & hard copy of the DE{8/FE3S is available at the following locations: Cutchogue Public Library andSouthold Town Planning Department The online version of the DEIS/FEIS is available at the following publically accessible web site: http://www.southoldtownny.gov/enumtp:mxwwnoumo|mownnyonwonuoxanpxrm|o~o7o For Conditioned Negative Declaration: lnsummary, conditions include: MAILING ADDRESS: PLANNING BOARD MEMBERS �� ,� ''�� P.O. Box 1179 DONALD J.WILCENSKI �� r` Southold, NY 11971 Chair " � �"�°�� OFFICE LOCATION: WILLIAM J.CEES , Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) RTIN H.SIDOR �,A Southold, NY * : Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 23, 2016 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re. FEIS Complete - Residential Site Plan for The Heritage at Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD Dear Mr. Wagner: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 22, 2016: WHEREAS, the Southold Town Planning Board, as lead agency and pursuant to the State Environmental Quality Review Act, found The Heritage of Cutchogue (SCTM#1000-102-1- 33.3) Draft Environmental Impact Statement adequate and acceptable for public review on December 8, 2016, held the requisite public hearing and public comment period, reviewed all comments and completed a Final Environmental Impact Statement (FEIS); and WHEREAS, upon review of the FEIS, the Southold Town Planning Board finds that it adequately responds to the comments and will facilitate the preparation of findings; therefore, be it RESOLVED, that the Southold Town Planning Board finds the Final Environmental Impact Statement to be complete and hereby authorizes and directs the Planning Board Chairman to submit the Notice of Completion pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law within five business days of this resolution and; be it further RESOLVED, that the public consideration period for the FEIS will begin upon the filing of the Notice of Completion and continue for 14 days. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Scott Russell, Southold Town Supervisor Southold Town Clerk for Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board of Trustees Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Cutchogue Fire District Suffolk County Department of Health Services (Involved Agency) Suffolk County Water Authority (Involved Agency) Suffolk County Planning Commission NYS DEC - Stony Brook NYS DEC - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program Environmental Notice Bulletin File MAILING ADDRESS: PLANNING BOARD MEMBERS Pjl QF SO °G„ P.O. Box 1179 DONALD J.WILCENSKI � Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR � CQU Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Planner Date: August 23, 2016 Re: Proposed Site Plan for The Heritage @ Cutchogue Application Name: The Heritage @ Cutchogue Tax Map Number: 1000- 102.-1-33.3 Location: corner of Schoolhouse Rd. & Griffing St., Cutchogue Type of Application: Sketch Subdivision Map Dated: Preliminary Subdivision Map Dated: Final Subdivision Map Dated: Road Profiles Dated: Grading and Drainage Plans Dated: Other Dated: _ Site Plan Dated: Revised Site Plan Dated: 7/10/2015• rev. 5/20/16 Grading and Drainage Plans Dated: Other (AS BUILT) Dated: The Heritage at Cutchogue- Page Two-August 23, 2016 Project Description: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/-sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Grilling Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. CPO � �' North Fork Environmental Council 12700 Main Road PO Box 799 o rtl� Fork Mattituck, NY 11952 W Er i i(V 'orIi " °"i n't Cot Al Phone. 0 1,298.8880 .. * �U I:ax. 6m1.29e.49 web-, www.Nl E,C°I.org �� i titi➢I��mw ii�ii u�h 26 April 2016 7nnrn c, �I �r Attn: Supervisor Scott Russell Southold Town Board MAY 0 201 Southold Town Hall PO Box 1179 ' iarm'n Southold, NY 11971 PlaniOng Board RE: Open Space—Getting on the Same Page As some of you know, I have spent over 30 years of my life in the field of communications. As such, words not only have a special meaning to me, they have specific meanings in business...including the business of the Town. I was struck that when the Heritage project reappeared, especially at a time when the Town was putting a great deal of time and effort into updating the Comprehensive Plan, and the project developers touted setting aside 50% of the land for"open space." People were confused. What Is Open Space? We are fast approaching the 201" anniversary of the Community Preservation Fund (CPF). Through the public education programs before the 1998 voter referendum and subsequent CPF changes on the State and Town levels, the vast majority of Southold residents know of the CPF and have a notion that collected funds from real estate transactions are used for the preservation of"open space." In this case, open space refers to tracts of woodlands, grasslands, marshes, wetlands and agricultural land. For the most part, with the exception of operational agricultural lands and some passive recreation paths, these open spaces remain relatively untouched in order to both maintain the rural, natural character of the Town but to also provide lands in their natural state to provide wildlife habitat and to ensure recharge areas for the water table. So in looking back at the Heritage Project or any other development project, when it's said that the project is setting aside "open space," is that something of which to be proud? In a relatively few number of cases, maybe. But in the vast majority of cases, this open space doesn't necessarily provide an area of aquifer recharge. It doesn't necessarily maintain the community's rural or natural character. It doesn't necessarily provide habitat for native wildlife. As we saw in the Heritage project, "open space"was used to refer to areas of land that were to be clear cut, the topsoil removed, the land regraded and then planted with lawns or non-native ornamental trees and drowned in precious water and polluting fertilizer and pesticides. In this case, even a lined pond was part of the open space. So by letting developers use the term "open space," we are allowing them to play on a positive term familiar to the public in the context of the CPF but not holding them to the learned expectations and the positive environmental and community benefits we've come to expect when thinking of setting aside open space. Page 2 Distinct Terminology Because of this double meaning and confusion, and because the Town is in the midst of updating the Comprehensive Plan, the North Fork Environmental Council (NFEC) is requesting that the Town create clear and distinct meanings in the terminology used across all of its programs, committees and departments with respect to "open space." If we are to use the generic term, "open space," in connection with the CPF and land preservation, then new terminology should be set for planning and such terminology should be used in the updated Comprehensive Plan: I am believer that simple words and, in some cases, simple acronyms can help people understand and easily differentiate similar concepts. So with respect to planning, the Town may want to consider definitions such as: • Open Natural Space: ONS This would be undisturbed natural woodland, grassland and marsh/wetland • Open Reengineered Space: ORS This would be space that has been altered by tree removal, topsoil removal or regrading and planted with grass or other non-native, ornamental plants • Native Open Reengineered Space: NORS This would be space that has been altered by tree removal, topsoil removal or regrading and planted with, but planted with native trees and plants to mimic open natural space • Open Aquatic Reengineered Space: OARS This would be space that has been altered by tree removal, topsoil removal or regrading and replaced by a man-made lake, pond or other water feature Of course, it's up to the various Town departments and.committees to discuss and define terminology which works best for everyone...including the general public..' Taking"It a Step Further While having clear and consistent terminology across al1 departments and disciplines would be helpful, the NFEC believes another step needs to betaken. Southold and ether towns have taken a great deal of'time to develop and execute the concept of green belts—continuous or sornewhat contiguous parcels of ONS and park land which allow people fo hike bike or ride horses across a long area, sometimes connecting to other Towns' green"b'olts. But as more and more land is developed for residential or commercial uses, there are fewer tracts of land for birds and other native animals to nest, rest, feed and otherwise'escape;the''dangers of cars, lawnmowers, etc. Therefore, the NFEC asks the Town to consider updating current code and to require all single home, multi-unit residential and even commercial projects on parcels of four(4) or more acres to set aside and maintain at least 15% of the property as ONS. We also ask that in the planning process, the Planning Crept. assist the property owner in identifying an appropriate ONS area which may be contiguous to current or possible future ONS areas. We make this request for several reasons. Page 3 1) Despite Southold's aggressive yet well thought out approach to preserving open space through the CPF program, we know that the quality of our ground and surface waters is still in decline. Therefore, more areas of ONS will not only serve as rainwater recharge zones but the native vegetation will also help uptake a good deal of the excess nitrogen. 2) While preserving open space through the CPF program is needed for environmental and quality of life reasons, there is an economic burden. As land is preserved in its entirety—not just the purchase of development rights—these lands are removed from the tax rolls. Some people say that our efforts to protect our drinking water and rural character are handcuffing the Town by reducing tax revenues. So by requiring all single home, multi-unit residential and commercial projects on parcels of four(4) or more acres to set aside and maintain at least 15% of the property as ONS, we would be creating small recharge zones and protecting native species and habitat without removing these lands from the tax rolls. 3) Just as people desire green belts for enjoyment of the area's natural beauty, our native bird and animal species also need such green zones so that development does not rob them of needed food and cover. These ONS areas, especially if clustered with contingent ONS areas or already preserved open space, would go a long way towards maintaining small but a significant number of tracts of native habitat for our wildlife...oases among developed lands. Of course, such ONS zones provide a great number of other benefits, including but not limited to: • keeping native vegetation which take in carbon dioxide, release oxygen and help clean the air • serving as natural sound and sight buffers between properties, especially between residential and agricultural or commercial properties • reducing the amount of paved areas so the effects of localized warming— micro-climates— from heat radiating concrete and asphalt is reduced...a problem we see growing in Riverhead Open Space. Open Minds. Times are changing and we must be open to change...open to finding new ways to protect our environment and quality of life by finding new ways to protect or native habitats and plant and animal species. The first step is to close the terminology loopholes and to make sure developers are not confusing the public about their ideas of open space versus our expectations generated by the CPF program. The second step is to find ways to increase ONS as development continues. And the last step is to make sure all Town programs, committees and departments are working together on common approaches with common terminology which should be memorialized in the coming update to the Comprehensive Plan. We hope that the Town will understand the problems which exists and consider these suggestions to address them. Sincerely, William Toedter president, NFEC cc: H.Lanza, Southold Town Plannung Dept. M.Spiro, Southold Town Land Preservation Committee NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY d Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-0365 1 F:(631)444-0360 www,dec.ny.gov RESPONSE TO REQUEST FOR COMMENTS April 25, 2016 SLR' Brian Cummings µ. Town of Southold Planning Board a P.O. Box 1179 Southold, NY 11971 �kl�f �` � �� So uftld IFdwin Re: Proposed Site Plan for the Heritage at Cutchogue Rana„1O Board 75 Schoolhouse Road , ._...w�.µ. . Cutchogue, NY 11935 SCTM# 1000-102-1-33.3 Dear Mr. Cummings: Thank you for your letter of November 30, 2016 regarding the above referenced project. This Department has no objection to the Town of Southold assuming lead agency status for this action. Please advise the applicant that this project may require a Part 750 State Pollutant Discharge Elimination System (SPEDES) Permit. as well coverage under NYSDEC's General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002). Please contact our Division of Water at 631-444-0405 if you need more information on these SPEDES Permits. Sirzeerely, o Sherri Aicher "` Environmental Analyst rrwvyORK Department of 1 c_ EnvirORmentai ;., Conservation SCOTT A. RUSSELL JAMES A. RICHTER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - Tel. 31 �7655 MAIN ROAD � a�a TOWN OF SOIITHOLD NEW YORK 11971 o � Fax (631) 765—9015 a 1560 ill IvflCl�AJI V,M LIP�:NidM�V R.��.ISu'u91T111u„�,p1 II OFFICE OF THE ENGINEER ,P[ 016 TOWN OF SOUTHOLD oWt old Town Donald J. Wilcenski Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Heritage at Cutchogue SCTM #: 1000-102-01-33.3 Dear Mr. Wilcenski: As per a request from your office, I have reviewed the Site Plan, dated July 10, 2015 for the construction of a proposed residential community. This set of Site Plan Documents has been prepared by the office of VHB Engineering, Surveying & Landscape Architecture, PC. Please consider the following: 1. The Curb Cut to the existing Town Road at the intersection of School House Road and Griffing Street should be better Detailed. This area should be shown at a larger scale with all existing conditions accurately shown. This would include but not be limited to the existing utilities, edge of pavement and distances to property lines. All new work should be dimensioned to indicate exactly how the new road will access and connect to the Towns infrastructure and grade elevations should be shown to indicate how stormwater will flow. 2. The proposed cumulative disturbance resulting from proposed construction activities and grading of this site will be greater than one (1) acre in area. Therefore, this project will require coverage from New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must prepare a formal DEC Storm Water Pollution Prevention Plan (SWPPP), submit a Notice of Intent (NOI) and obtain coverage under the SPDES General Permit for Stormwater Discharges from the DEC. 3. This DEC SWPPP noted above will also require a phasing plan to indicate how the construction process will be coordinated. All of this information will also be required by the Town to comply with Chapter 236 for Stormwater Management. 4. Chapter 236 also requires a Stormwater Management Plan (SWMP) to comply with local stormwater regulations. This plan must indicate Drainage Calculations and should provide individual watershed areas for the drainage designs that have been proposed. The Erosion & Sediment Control Plan provided is satisfactory and should be included with the Town SWMP. Due to the complex nature of this proposed site plan it is recommended that a separate (SWMP) be submitted that only deals with site work which includes but is not limited to; grading, excavations, site contours, drainage design, roads, pavement areas, driveways, buildings, patios, preliminary &final site vegetation and soil stabilization. (Note: The DEC SWPPP may be submitted for Town review under Chapter 236.) Page 1 of 2 Donald J. Wilcenski, Chairman - Planning Board April 21, 2016 Re: Heritage at Cutchogue SCTM #: 1000-102-01-33.3 Page 2 of 2 5. The Recharge Drainage Basins shown on the plans indicate a high water mark above two (2)feet in depth. The Town Highway Specifications require perimeter fencing for recharge basins with depth greater than 2'. These basins appear to have been designed with 6/12 side slopes and will be located in areas that will not be hidden or out of sight. However,the Planning Board should recognize the liability and establish C&R's to require the applicant to maintain security at each of these proposed basins. 6. Belgian Block curbing has been indicated for the residential roads within the development. This item is no longer approved by the Highway Specifications. However, because this section of the road will not be dedicated to the Town,the Highway Superintendent has made an exception to this Specification and has approved the use of Belgian Block. 7. The proposed construction of an emergency access to the site from Spur Road & Bridal Lane has been approved by the Highway Superintendent with the following stipulation. All work associated with the required improvements to facilitate this access shall be the responsibility of the Developer. All new work within the existing Town ROW will require final approvals from the Highway Superintendent. If you have any questions regarding this review, please contact my office. m J rues A. Rihker, R.A. cc: Vincent Orlando (Superintendent of Highways) CUTCHOGUE FIRE DISTRICT Suffolk Road, PO IE3a� O ®, Cutchogue, NY 1193... 260 New S� Telephone (631) 734-6907 - Fax (6 31.) 734-7079 Years E-mail: cu rid(&opto nlirne.rnet of Service www.cu.tch.ogu.eflredept.org MT April 20, 2016 w' l\I'll r0'f;, Heather Lanza Planning Director ouch'"d 0� PO Box 1179 pN rj ir�ilBoard Southold, NY 11971 Dear Ms. Lanza; In response to your request for comments about the proposed Heritage at Cutchogue the Cutchogue Fire District would like the following comments and suggestions to be seriously considered and implemented in the final project. A second access into the development. Emergency planning, in our opinion, requires a second means of access and egress. This would allow for access and egress in the event of an incident at the front access location by emergency services, resident services, residents, etc. This road would be required to support, a minimum of, 70,000 pounds. The location of this road should be as remote as possible to the principle access. This road should be owned and maintained by the town. As an aside, buildings including residences, in all but a very few cases, require a secondary means of egress for safety. A water supply sufficient for fi htin structurTak fires. If city water is provided we would like to locate the hydrants, as location affects the lengths of hose that may have to be laid in an incident and we rent each hydrant from Suffolk County Water Authority so location could possible save some tax money,. If a private water supply is installed we would like to locate the hydrants and have some input as to the amount of water that is required for firefighting. The Cutchogue Fire District standard for a fire fighting water supply is a minimum of 500 gallons per minute for a minimum of 30 minutes. Joseph S.Zuhoski Jr. Chairman Commissioners: Sanford Friemann,Andrew McCaffery,Robert Fisher,James Fogarty Jr, Matthew J.Martin, Secretary---Peter Zwerlein,Treasurer 1- If private wells are the water supply we would like to design the size, capacity, and location of fire wells. The Cutchogue Fire District standard for a fire fighting water supply is a minimum of 500 gallons per minute for a minimum of 30 minutes. A first aid facility in the community center. The concept is to give residents immediate care for minor incidents. A first aid provider, either a resident, a volunteer, or an employee could give assistance until an ambulance arrives or, if the incident warrants, a band aid etc. This would afford the resident a savings in time and trouble by affording care in a timely, efficient, and cost effective fashion. This in no way would prohibit a resident from going to STAT Health or calling 911 and having a Cutchogue Fire Department ambulance dispatched by the police department. Used properly this would, in our opinion, afford a significant monetary savings. Effects on the Cutchogue Fire Department. This above suggestions would help mitigate the effect this development would have on the aid resources of the Cutchogue Fire Department which will include but not limited to the following; 1. The addition of 124 residences, approximately a 5.5 % increase, in the number of residences in the Cutchogue Fire District which presently is approximately 2260 residences. 2. Figuring 2 people per residence is an increase of 248 people over the age of 55. 3. The age of the residents and the experience of like developments indicate that calls for aid to the fire department would increase at a faster rate when compared to calls from the general population. This increase would have an adverse effect on the ability of the fire department to provide the exceptional level of service that the community has come to expect without making changes. 4. In the long term this increase in population, with the attendant increase in calls, will require a larger membership with all of the associated training, for ambulance, rescue, and fire responders. 5. A possible increase in equipment necessary for the proper and efficient mitigation of any incident. 6. A future expansion of the physical plant of the Fire district to house additional ambulance, firefighting equipment, and additional fire district requirements. If there are any questions please contact me. Thank you for the ability to make comments and have our concerns heard. Yo rg, uly, � brt Fisher a Fir District Commissioner z- Apr 19 16 12:42p NRB Inc„ 631-734-6235 p.1 I i 9U6�— t PybALLMT ,c,� SO11'- 'FUOLD TRANSPORTATIONCONIMISSION Town Hall AF1R 2GI�,' P.0.6ox 1179 53095 Main Road Southold,W 11971.0959 �adat P i �lG Phone(631)765.1989 �-d pPA I Board Fax(631)765-1823 TO: � Heather Lanza, Planning Director FRO' ." ,,, Neboysha R. Brashich, Chairman DAT : February 8, 2016 RE: The Heritage at Cutchogue Traffic Study Subject traffic stu4y was discussed extensively by the Commission at a special meeting on January 11 and subsequently at its monthly meeting on Tanury 25, 2016. The Clornmission's recommendations are as follows: • Turning at Griffing and Schoolhouse to be widened • Three way stop signs to be installed at this location • I(St'op sign to be installed at Schoolhouse and Depot • Install sidewalk from three way stop signs eastside on Griffing • Install a cross walk as circumstances may require subsequently • Install "No Left Turn" from Griffing • Trucks to use rented farm road from Depot onto property John M.Bredemeyer III,President Town Hall Annex Michael J.Domino,Vice-President fir` 54375 Route 25 ru P.O. Box 1179 Glenn Goldsmith � f Southold, New York 11971 A.Nicholas Krupski r Telephone (631) 765-1892 Charles J.Sanders Ow Fax(631) 765-6641 ��III qi,y,. r BOARD OF TOWN TRUSTEES , TOWN OF SOUTHOLD TO: Donald Wilcenski, Chair �� Planning Board ��51 io@7 fo_wrir F,11rannr rq Board FROM: John M. Brederne lll, President Board of Trust DATE: April 15, 2016 RE: Inspection for Jurisdictional Wetlands Residential Site Plan Heritage at Cutchogue 75 Schoolhouse Road, Cutchogue SCTM# 1000-102-1-33.3 At the request of Planning Board Chairman, Donald Wilcenski, in a memo dated April 4, 2016, the Trustee Office began an investigation into the concerns of Steve Tettlebach, Ph.D., that a number of the diminutive chorus frogs of the genus Pseudacris, commonly known as "spring peepers" may exist on the proposed "Heritage" project site in Cutchogue, New York. The primary concern being that their presence might indicate the existence of statutory freshwater wetlands on the site requiring protection under Chapter 275 of the Town Code through the site planning process. On Tuesday, April 5, 2016 the undersigned contacted Dr. Tettlebach to ascertain possible locations where he thought these frogs might be encountered on the site. With Dr. Tettlebach's description and armed with two 2007 reports of the Southold Town Trustees wherein they indicated they found no wetlands at GPS coordinates provided them at that time (reports attached), a GPS utility on a tablet pre-loaded with the approximate coordinates where wetlands might potentially be encountered and a topographic map of the site from Principal Planner, Mark Terry, Trustees Bredemeyer and Domino headed out on April 6, 2016 in search of wetlands on the subject parcel. The entire parcel was traversed on foot. It was noted as moderate-heavily vegetated with 25+/- year-old old field successional growth. The Trustees focused their attention on the northwest corner of the property which Dr. Tettlebach described as a prime location where spring peepers were heard already this spring of 2016, which is the area of the GPS coordinates from the prior Trustee report, and an area near the adjacent trailer park which Mark Terry suggested from google earth and town maps that seemed a potential candidate to find wetlands based on map color and the topographic contours. Found were no wetlands whatsoever, or standing water anywhere on site even though the area had received nearly 2.0" of rain the previous week. Specifically, the Trustees did not even encounter facultative wetland plants listed on the USDA plant list such as Baccharis halimifolia, which is occasionally found on upland sites in the Town where there are clayey soils. In fact, the remnant soils adjacent to a test well the Trustees encountered that appeared to be left over from its' drilling, were most entirely coarse white sand with almost no clay indicative of soils incapable of substantial water-keeping qualities and support of vernal or"ephemeral" wetlands where peepers might be encountered. The area was noted to be crisscrossed with ATV tracks that were several years old. None of the ATV tracks led to any wet or "mudding" areas popular for kids on "quads". A dug pit of about 12' deep with a section of well pipe in the bottom was found and presumed left from agricultural irrigation operations as the surrounding elevation of 33' plus makes drafting water with a single stage irrigation pump impossible due to basic hydraulics such that a pump in a pit would have solved the problem. The bottom of the pit contained no wetland plants or standing water and appeared to have the typical dried over- wintered stalks of old field plants such as orchard grass and upland goldenrod species. A follow up courtesy call was made to Dr. Tettleback describing these most recent Trustee findings. He was encouraged to get back to the undersigned very shortly should he ascertain that the our site visit was lacking in discovering any vegetated wetland of local knowledge that we may have inadvertently omitted due to the thickness of the vegetation. I n M. IBreden III esident, Southold Town Trustees Attachments Jaynes F. King, President � *QF S /" .n, Town Hall Jill M. Doherty,Vice-President !� ; 53095 Route 25 Pe A. Dickerson e' P.O. Box 1179 Peggy Southold,New York 11971-0959 Dave Bergen Bob Ghosio,Jr. + r' Telephone(631) 765-1892 Fax(631)765-6641 UNTY, BOARD OF TOWN TRUSTEES TOWN OF SOUTOLD TO: Anthony Trezza, Senior Planner Planning Board FROM: Jill M. Doherty, Vice-President 11,Q Board of Trustees DATE: August 13, 2007 RE: The Heritage at Cutchogue SCTM#1000-102-1-33.3 The Board of Trustees inspected the property in response to your request dated June 21, 2007 and in response to the letter from Dr. Stephen T. Tettelbach dated June 18, 2007, regarding a possible wetland area. We determined the following: An initial inspection was conducted on July 11, 2007 at which time a depression area was found which appeared to at one time to possibly be an irrigation pond. The property was then inspected on July 27, 2007 using a hand held GPS, following the stated coordinates provided in Dr. Tettlebach's letter. The coordinates led us to the same depression area. Our observations/conclusions are based upon the vegetation present and the proximity of a very old abandoned shack that appeared to have once been a pump house. The area in question had probably been a man-made irrigation pond or holding area. There did not appear to be any standing water in the area of depression, which was completely overgrown with trees and shrubs. It is the opinion of the Board that in periods of heavy rain, water naturally runs down into this depression area and might sit for a brief period of time, but that during most rains, the water probably percolates immediately into the ground as in other surrounding areas. Therefore, we would not consider this area to be a natural wetland area. If you have any questions or require any further information, please don't hesitate to contact our office. Standish, Lauren From: David Bergen [bergend@sunysuffolk.edu] Sent: Monday, July 30, 2007 10:35 AM To: Standish, Lauren Cc: Bob Ghosio; peg dickerson; Jill Doherty- Forward Subject: Site Visit- Heritage at Cutchogue I visited the Heritage at Cutchogue site on Friday July 27 in response to the letter from Dr. Tettleback regarding a possible wetland area. To back up, Jim, Bob and I visited the site on July 11 and could not find any wetland area. Bob and I did find a depression area which appeared to at one time to possibly be an irrigation pond. The area was so heavily vegetated that we could not go down into the depressed area. I returned to the site on Friday with a hand held GPS. I followed a path, reaching the stated coordinates provided in Dr. Tettleback's letter of 41.00.869 by 72.29.478. It led me to the same depression area which Bob and I observed on July 11. 1 attempted to get down into the depression area again but the vegetation was very heavy and the slope was too steep. My observations/conclusions are based upon the vegetation present and the proximity to a very old abandoned shack that appeared to have once been a pump house. This area had probably been a man-made irrigation pond or holding area. There did not appear to be any standing water in the depression. It is completely overgrown with trees and heavy shrubs. It is my best judgment that in periods of heavy rain, water naturally runs down into this depression area and might sit for a brief period of time, but during most rains, the water probably percolates immediately into the ground as in other surrounding areas. I would not consider this a natural wetland area. I would encourage my fellow Trustees who might want to offer an opinion to perform their own independent site visit. Dave tlS C_k q- Ukw q"t r 7/30/2007 100 MOTOR PARKWAY,SUITE 156 HAupeAucE,NY 11788 PHONE:631.979.3000 FAx:631.979.7070 www.cerrilmanbalin.com JOHN M.WAGNER PARTNER ^ jwagnerftertilmanbalin.com April 12, 2016 ° BY E-MAIL AND FEDEX DELIVERY r' ��" Heather M. Lanza, AICP, PlanningDirector A P�` �1 3 2 C1�6 Planning Board of the Town of Southold oulh6ld,Town1 Town Hall Annex (Capital One Bank Building) Planningi Baard 54375 State Route 25 P.O. Box 1179 Southold,NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Lane, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Heather: As you know from my March 24, 2016 letter to Town Attorney Bill Duffy, a copy of which was sent to the Planning Board, the applicant for The Heritage at Cutchogue expects that the Planning Board will file a"Final Environmental Impact Statement" ("FEIS") for the subject site plan no later than Tuesday, May 10, 2016. Toward that end, and recognizing the Planning Department's workload, as stated in your April 1, 2016 e-mail to me, the applicant hereby offers the assistance of its staff, its consultants (VHB Engineering, Surveying and Landscape Architecture, P.C.), and my office so that the Planning Board may complete the FEIS by May 10, 2016. I suggest that you, a VHB representative, and I have a conference call, as soon as possible, to discuss how we may assist the Planning Board in completing the FEIS. Please e-mail me as to when you might be available for such a call. Very tr tfly yours, 10/111'�_11�11 71 John M. Wagner cc (by e-mail): William M. Duffy, Town Attorney Frank A. Isler, Esq. 3303515.1 CEHIFILMA.N BALIN ADILUA &HYMAN,LIT NASSAU OFFICE:EAST MEADOW,NY 11554 C sr.,w OFFICE LOCATION: �� MAILING ADDRESS. Town Hall Annex q ` �+ P.O. Box 1179 54375 State Route 25 try Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) , Southold, NY Telephone: 631 765-1938 www.s outholdt ownny.gov COUNTV, PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Donald Wilcenski, Chair Planning Board Date: April 4, 2016 Re: Request for Inspection for Jurisdictional Wetlands Residential Site Plan Heritage at Cutchogue SCTM#1000-102-1-33.3 Zoning Districts: HD As you are aware the Planning Board is the Lead Agency for the Heritage at Cutchogue DEIS. We have had several reports that Spring Peepers have been heard on the property and a request from the public has been made to verify if seasonal wetlands occur on site. Due to limited timeframes, we would like to request a priority inspection to determine if jurisdictional wetlands occur on site. The information would be used in the FEIS responding to public comment. If the Board would like to contact a neighbor whom could point them to the general area, please call: Stephen Tettelbach (631-682-2865) Stephen.Tettelbach@liu.edu Thank you for your attention to this matter. CERTIL.MANBALIN 100 MOTOR PARKWAY, 1 788 1K 156 HAUPPAUGE,NYY 1788 PHONE:631.979.3000 FAx:631.979.7070 www.certilmanbalin.com JOHN M.WAGNER PARTNER jwagnerna cerdlmanbalin.com March 24, 2016 BY E-MAIL AND FEDEX DELIVERY �� William M. Duffy, Town Attorney Town Hall Annex ,f 54375 Route 25 P.O. Box 1179 �ariis��r��i1' v�ri Ptni7 nq Bud Southold,NY 11971 .,. , ,, .. .. Re: The Heritage at Cutchogue Dear Mr. Duffy: As you are aware, after the applicant made several revisions to its proposed"Draft Environmental Impact Statement" ("DEIS") for the above-referenced project, in response to comments on the DEIS from the Town Planning Board and its staff, the Planning Board, as lead agency for the proposed action under the State Environmental Quality Review Act ("SEQRA"), adopted a resolution, on December 7, 2015, that: 1. Specifically found "The Heritage of Cutchogue (SCTM#1000-102-1-33.3) Draft Environmental Impact Statement, dated October 30, 2015, adequate and acceptable for public review"; and 2. Specifically authorized the Planning Board Chairman "to submit the Notice of Completion pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law. . ." (Emphases added) Thereafter, a"Notice of Acceptance of Draft EIS and Public Hearing" was, in fact, published in the December 23, 2015 issue of the New York State Department of Environmental Conservation's Environmental Notice Bulletin, a public hearing on the accepted DEIS was opened on January 11, 2016 and continued on February 22, 2016, the aforesaid public hearing was closed on February 22, 2016, and the Planning Board provided for written comments on the accepted DEIS to be accepted through Monday, March 7, 2016. However, on March 7, 2016, the Planning Board unilaterally -- and contrary to Paragraph 9 of the"so-ordered" Stipulation of Settlement" in the Suffolk County Supreme Court proceeding/action entitled Nocro, Ltd., et al. v. Russell, et al. (Index No. 09-19101) -- CERTILMAN BALIN ADLER&HYMAN,LLP NASSAU OFFICE:EAST MEADOW,NY 11554 CERTILMAN .i..J.N William M. Duffy, Town Attorney March 24, 2016 Page 2 of 2 extended the period for receipt of written comments on the DEIS until Friday, March 11, 2016, and, on the last day of that extended period, I received, by e-mail, 26 single-spaced pages of comments on the DEIS from the Town's Planning Department. As we have discussed, the 26-page document I received on March 11, 2016, in many instances, sets forth criticisms of the discussions,presentations, data, and analyses contained in the accepted DEIS and/or requires additional testing, presentations, and analyses that were neither included or required in the final scope for the DEIS nor requested in the comments the Town and its staff made on the DEIS prior to its acceptance by the Planning Board, as set forth above. Because the comments contained in the aforesaid 26-page document are improper, at this stage of the SEQRA review process for the proposed action, and the applicant cannot meaningfully respond to such comments in the context of a proposed Final Environmental Impact Statement("FEIS"), the applicant hereby declines to prepare a proposed FEIS for the Planning Board's consideration. Accordingly, the Planning Board should proceed to prepare the FEIS for the proposed action. Please be advised that, pursuant to Paragraph 13 of the aforesaid"so-ordered" "Stipulation of Settlement," the Planning Board must prepare (or cause to be prepared) and file an FEIS for the applicant's amended Site Plan Application within 45 days after the expiration of the 15- day period set forth in Paragraph 12 of the Stipulation. Assuming March 11, 2016 (i.e., the date I received the last of the comments on the DEIS from the Town) as the start of the aforesaid 15-day period, an FEIS must be prepared and filed no later than Tuesday, MMay 10, 2016. We expect that the Planning Board will comply with its obligations under the Court- ordered"Stipulation of Settlement." Very truly yours, John M. Wagner cc: Planning Board of the Town of Southold (by FedEx) 3282078.1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 � � � Southold NY 11971 (cor. Main Rd. &Youngs Ave.)Southold, NY �° Telephone: 631 765-1838 � www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 8, 2016 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Extension of Comment Period - Residential Site Plan for The Heritage at Cutchogue Located at 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD Dear Mr. Wagner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, March 7, 2016: WHEREAS, the Combined Public Hearing was held on Monday, January 11, 2016 & February 22, 2016 and closed with written comments accepted for a period of two weeks thru March 7, 2016, 4:00 p.m.; therefore, be it RESOLVED, that the Southold Town Planning Board extends the written public comment period from March 7, 2016, 4:00 p.m. to Friday, March 11, 2016, 4:00 p.m. regarding the Site Plan, dated July 10, 2015, entitled The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.0 and the Draft Environmental Impact Statement for The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated October 30, 2015. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 7, 2016 - 2:30 p.m. Southold Town Annex Board Room 2ND Floor, Capital One Bank Building 2:00 p.m. Executive Session — Matters of Litigation 2:30 p.m.Applications Project Name: A & S Southold Oil Corp. Gas SCTM#: : 1000-70-7-4 1 p Station Canopy Location: 49670 NYS Route 25, Southold .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Description: This amended Site Plan is for the construction of a 1,568 sq. ft. canopy pursuant to ZBA File #6757 to cover the existing fuel pumps on 0.3 acres: in the General Business (B) Zoning District. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Status: Pending :....................................................................................................................:............................................................................................................................................................................................................................................................................................................................................................................................ Action: Review revised Site Plans. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Attachments: Staff Report ....................................................................................................................:............................................................................................................................................................................................................................................................................................................................................................................................ Project Name: The Heritage at Cutcho ue 2015 SCTM#: 1000-102-1-33.3 1 g g Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Description: This proposed Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Status: Pending .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Action: Review of next steps & staff comments on the DEIS. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Attachments: None ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Project name: Aries Estates/Tull SCTM#: : 1000-22-3-2 1 Y :....................................................................................................................:............................................................................................................................................................................................................:..........................................................................................................................................................................................................: Location: at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Status: Conditional Final Approval .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Action: Discuss bond reduction. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Attachments: Staff Report ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex gfifif so "' P.O. Box 1179 54375 State Route 25 � � "q Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) " Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov CA UNTV PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 23, 2016 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Combined Hearing Closed - Residential Site Plan for The Heritage at Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD Dear Mr. Wagner: A Combined Public Hearing regarding the Site Plan, dated July 10, 2015, entitled The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.0 and the Draft Environmental Impact Statement for The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated October 30, 2015 was held by the Southold Town Planning Board on Monday, January 11, 2016 and February 22, 2016. The Combined Public Hearing was closed with written comments accepted for a period of two weeks thru March 7, 2016, 4:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Lill EB '„ %ail Sl:a February1,2016 SO 11��W��au Ref: 29305.00 Mr.Walter Da diak wy Suffolk County Department of Health Services 360 Yaphank Ave, Suite 2B Yaphank, NY 11980 Re: The Heritage @ Cutchogue Alternative Wastewater Treatment Tax Map No. 1000-102-1-33.3 Dear Mr. Dawydiak: Thank you for taking the time to meet with us this morning regarding the above-referenced project. Per our conversation,the Developer is proposing to construct a 124 unit age-restricted condominium development in the Town of Southold (Hamlet of Cutchogue)at the above tax lot. The project is comprised of 48"Type A" units measuring 1,999 SF of livable floor area,72 "Type B" units at 1,599 SF of livable floor area and 4 "Type C" units also measuring 1,999 SF of livable floor area. The calculated proposed design flow for the project is 22,500 gpd which does not exceed the allowable population density limit of 22,540 gpd in accordance with the County's Article 6 requirements. The project proposes to provide 37clustered on-site sewage disposal systems servicing from two to four units each. Although the project meets the population density requirements,the developer is interested in providing an alternative treatment solution, in lieu of a standard sewage disposal system, in order to address public concerns related to the development impacts on ground water specifically related to nitrogen loading. Based on the information that your team provided today,we understand that the County is in the process of performing a pilot study for alternative treatment systems for single family homes and is about to enter a composite sample phase which studies how these new technologies function over time. We also understand that it is the goal of the County to complete the pilot study and develop a published code within the next six months,which will include provisions for approval of the use of these systems in other than single family homes, e.g. multi-family residences. In light of the anticipated approval of these systems,we discussed a process that would allow the Developer to submit a complete application proposing the alternative technology. However,should the proposed code not be completed prior to this application (which we assume will be the case based on our conversation today),your office will permit a separate application to be submitted to the Board of Review to obtain a variance to implement this technology on the first phase of work,which would include between 10 and 20 systems. 100 Motor Parkway Suite 135 Engineers I Scientists I Planners I Designers Hauppauge,New York 11788 P 631,787.3400 F 631.813.2545 i Ref: 29305.00r Mr.Walter Dawydiak hb Suffolk County Department of Health Services February 1, 2016 Page 2 At this time,we respectfully request a written response from your office acknowledging the above information is accurate and, if appropriate, expressing the Department's support for the installation of alternate treatment systems on this project assuming that the test results are favorable. Thank you again for your time and assistance with this project and please do not hesitate to contact me if you have any questions or require additional information. Very truly yours, VHB Engineering,Surveying and Landscape Architecture, P.C. p VYno, PE Senior Project Engineer AVL/ba enc. \\vhb\prof\Longlsland\29305.00 Heritage Cutchogue\ProJRecords\PinaiDoc5\20160201-SCHDS Request for Al Letter.doc COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN, MD,MPH,MBA,MSW Commissioner February 10,2016 Mr.Angelo V.Laino,P.E. Senior Project Engineer VHB Engineering,Surveying and Landscape Architecture, P.C. 100 Motor Parkway,Suite 135 Hauppauge,NY 11788 Re:The Heritage @ Cutchogue,SCTMP#: 1000-102-1-33.3,SCDHS Ref#C10-06-0013 Dear Mr.Laino, In response to your letter dated February 1, 2016, Heritage at Cutchogue, LLC currently has a pending application on file with the Suffolk County Department of Health Services Division of Environmental Quality Office of Wastewater Management, which was received on August 11, 2006 under Suffolk County Department of Health Services reference number C10-06-0013. Based on your proposed site plan, the site is located in Groundwater Management Zone 4 and has a gross land area of 2,003,582sf. The site is proposed to be served by public water and onsite sewage disposal systems. The Suffolk County Sanitary Code Article 6 population density equivalent for the site is 22,540 gallons per day using the calculation method for multiple residential projects. The proposal includes the construction of 124 planned retirement community residential units with proposed floor areas greater than 600 sf each (with a sanitary design flow of 150 gpd/unit, as per standards in effect at time of application). Therefore,the proposal appears to meet the Suffolk County Sanitary Code Article 6 density requirements for construction projects located in Groundwater Management Zone 4,which are served with public water and onsite sewage disposal systems, and advanced wastewater treatment is not required under the Suffolk County Sanitary Code. Although nitrogen reduction from advanced wastewater treatment is not required for this project, Suffolk County is committed to working with the Town and the applicant in reviewing the potential use of alternative, advanced wastewater treatment technology. For example, you have indicated the developer is willing to submit a revised application proposing the use of clustered, innovative/alternative onsite disposal ( systems 1/A OSDS). Such systems are strongly encouraged by Suffolk County for both new development(for Y 0 DIVISION OF ENVIRONMENTAL QUALITY PublicHeaith 360Yaphank Avenue, Suite 2C,Yaphank NY 11980(631)852-5700 Fax(631)852-5755 PfvYCnt.Pr enl.p,Otw.. The Heritage @ Cutchogue, SCTMP# 1000-102-1-33.3, SCDHS Ref#C10-06-0013 February 10,2015 Page 2 additional nitrogen removal, significantly above and beyond Sanitary Code density restrictions for unsewered areas) and retrofits to existing development. The County is currently in the process of investigating 1/A OSDS technologies and developing revised codes and standards to permit these types of systems to be installed without the need for a Suffolk County Department of Health Services Board of Review variance. The County anticipates the revisions to the standards and codes to be complete by mid-2016, therefore permitting the as-of-right installation of i/A OSDS under the Sanitary Code. In the interim, proposals to use such systems are encouraged but are required to obtain a Suffolk County Department of Health Services Board of Review variance for their installation at this time. If you have any questions or comments,please contact me at(631) 852-5700. Bes John S irigen, 5E, Associate ngineer Suffolk County Department of Health Services Division of Environmental Quality Office of Wastewater Management Cc: W.Dawydiak,P.E.(SCDHS)-via email S.Lansdale(SCDEDP)-via email K.Walsh,P.B.(vHB)-via email V.Watral CVHB)-via email J.Rimland-via email C.Kuehn(Heritage @ Cutchogue,LLQ-via email DIVISION OF ENVIRONMENTAL QUALITY PubHcHeaith 360 Yaphank Avenue,Suite 2C,Yaphank NY 11980(631)852-5700 Fax(631)852-5755 Pnvrm.Preman.P,envl. L P61 L_jN �TIEC Lanza, Heather Subject: FW: Southold Alternative Wastewater Treatment Systems y Attachments: SCDHS_Heritage_Cutchogue_Ltr_2-10-16.pdf " From: Dawydiak, Walter[mailto:Walter.Dawydiak@suffolkcountyny.gov] Sent: Monday, February 22, 2016 1:39 PM To: Lanza, Heather<heather.lanza@town.southold.ny.us> Cc: Lansdale,Sarah<Sarah.Lansdale@suffolkcountyny.gov> Subject: FW:Southold Alternative Wastewater Treatment Systems Heather, assume you received this; apologies if you didn't. Let us know if you need additional info. Thanks. -Walt i COUNTY OF SUFFOL K STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES commissioner L.TOMARKEN,MD,MPH,MBA,MSW Commissioner February 10, 2016 Mr.Angelo V.Laino, P.E. Senior Project Engineer VHB Engineering,Surveying and Landscape Architecture, P.C. 100 Motor Parkway,Suite 135 Hauppauge,,NY 11788 Re:The Heritage @ Cutchogue,SCTMP#: 1000-102-1-33.3,SCDHS Ref#C10-06-0013 Dear Mr.Laino, In response to your letter dated February 1, 2016, Heritage at Cutchogue, LLC currently has a pending application on file with the Suffolk County Department of Health Services Division of Environmental Quality Office of Wastewater Management, which was received on August 11, 2006 under Suffolk County Department of Health Services reference number C10-06-0013. Based on your proposed site plan, the site is located in Groundwater Management Zone 4 and has a gross land area of 2,003,582sf. The site is proposed to be served by public water and onsite sewage disposal systems. The Suffolk County Sanitary Code Article 6 population density equivalent for the site is 22,540 gallons per day using the calculation method for multiple residential projects. The proposal includes the construction of 124 planned retirement community residential units with proposed floor areas greater than 600 sf each (with a sanitary design flow of 150 gpd/unit, as per standards in effect at time of application). Therefore,the proposal appears to meet the Suffolk County Sanitary Code Article 6 density requirements for construction projects located in Groundwater Management Zone 4,which are served with public water and onsite sewage disposal systems, and advanced wastewater treatment is not required under the Suffolk County Sanitary Code, Although nitrogen gen mduction from advanced wastewater treatment is not required for this project, Suffolk County is conmaitted to working with the Town and, the applicant in reviewing the potential use of alternative, advanced wastewater treatment technology. For example, you have indicated the developer is willing to submit a revised application proposing the use of clustered, innovative/alternative onsite disposal systems(1/A OSDS). Such systems are strongly encouraged by Suffolk.County for both new develoPrient(for 10 DIVISION OF ENVIRONMENTAL QUALITY PublicHealth 360 Yaphank Avenue,Suite 20,Yaphank NY 11980(631)852-5700 Fax(631)852-5755 The Heritage @ Cutchogue, SC'FMP # 1000-102-1-33.3, SCDHS Ref#CIO-06-0013 February 10,2015 Page 2 additional nitrogen removal, significantly above and beyond Sanitary Code density restrictions for unsewered areas) and retrofits to existing development. The County is currently in the process of investigating I/A OSDS technologies and developing revised codes and standards to permit these types of systems to be installed without the need for a Suffolk County Department rtme nt of Health Services Board of Review variance. The C01111ty anticipates the revisions to the P "l fI standards and codes to be complete by mid-2016, therefore perinitting tile as-of-right installation o / OSDS under the Sanitary Code. In the interim, proposals to use such systems are eilcouraged but are required to obtain a Suffolk County Department of Health Services Board of Review variance for their Installation at this time. If you have any questions or comments,please contact me at(631) 852-5700. Be .. John Sl, Angell„I:',f"•. Associate Ptrtll ealth Engineer Suffolk County Department of Health Services Division of Environmental Quality Office of Wastewater Management Cc: W.Dawydluk,P.E.(SCDiIS)-via email S.Lansdale(SCDEDP)-via email K.Walsh,P.E.(VIi6)-via email V,Watrai(VHS)-via email 1,Rimland-via emaII C.Kuehn(I leritage 0 Cutchogue,LLQ-via email DIVISION OF ENVIRONMENTAL QUALITY puW1<cHealth 360 Yaphank Avenue,Suite 2C,Yaphank NY 11980(631)852-5700 Fax(631)852-5755 Prv,rO. roRgl ![ele[I- Elizabeth Thompson, Chairperson Z. Z2 Town Hall Annex Reynolds duPont,Jr. � )' i f'F6 * 54375 Route 25 Joseph Lee cif PO Box 1 179 Ronald McGreevy �'' Southold,NY 11971 Nicholas Planamento Mark Schwartz , + a Telephone: (631)765 1892 Stephen Geraci kw� 4�J Fax(631)765-6641 James Grathwohl � Q south old town.northfork.net � $+ �t Patricia Butler '� ��'�� Town of Southold �" 1.. "� 1 Architectural Review Committee Minutes 4:00p.m., December 17, 2015 &January 21, 2016 Town Hall Annex Executive Board Room f Members Present: Elizabeth Thompson, Chairperson; Mark Schwartz; Ron McGreevy;Joseph Lee;Stephen Geraci; Patricia Butler;Elizabeth Cantrell,Secretary. Nicholas Planamento attended the December 17, 2015 meeting but was absent during the January 21, 2016 meeting. The minutes for the November 10, 2015 meeting were approved, Introduction• All applicants will give a presentation consisting of drawings, exterior materials samples and other information required by the Planning Department to the Committee. The Committee will ask questions and make suggestions as part of a general discussion with each applicant. Final recommendations from the ARC will be presented to the Planning Board in the ARC Meeting Minutes,and be made part of the Planning file for that application. The Planning Board will consider these recommendations, together with all comments from other agencies,and provide the applicant with a comprehensive written list of its requested revisions. NewmmApRlication: • THE HERITAGE AT CUTCHOGUE SCTM# 1000-102-1-33.3 This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999+/- sq.ft. livable area), 72"Type B" units (1,599+/-sq.ft. livable area), and 4 "Type C" units (1,999+/- sq.ft. livable area). In addition, there are proposed the following: a 6,188sq.ft. community center with a +/-1,125sq.ft. outdoor swimming pool,one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17 acre parcel in the Hamlet Density (HD) Zoning District located on the northwest corner of Griffing Street and Schoolhouse Road, approximately 1,079 feet north of the Main Road in Culchogue. Brian Cummings,Town Planner attended the December 17, 2015meeting. Heather Lanza, Director of Planning attended the January 21, 2016 meeting. Charles W. Kuehn, Architect and John Wagner, Attorney for The Heritage at Cutchogue presented the proposed project during the two meetings. Habitable Space Calculations: The ARC takes special note of the condominium structure of this Development. This means the Developer/Condo managers control and maintain the property and building exteriors only. Individual owners control and maintain their own interior spaces. Once the units are sold,the Developer will no longer be responsible for future changes to interior layouts,which could greatly increase the habitable space of each unit. Future owners could perform renovations that would not be visible from the exterior and might therefore potentially be unpermitted construction. The ARC sees potential for large future square footage creep that in the long term, could lead to increased population per unit, increased car parking needs as well as larger utility and waste loads. There are two areas as presently designed,not included in the Heritage habitable space calculations which,with minor interior renovation, could meet basic building code requirements for additional habitable space. (1) Basement space: All the units have deep window wells with large operable windows and 9 foot ceilings. (2) Attic space. The non-habitable attics have dormer windows which meet habitable light& ventilation requirements. In combination with minor interior modifications to roof trusses, these areas could become habitable spaces. The ARC recommends that the Developer be accountable for preventing this situation by: (1) Requiring a reduction of basement height to maximum 7 foot,from top of slab to bottom of typical joist. (2) Requiring an elimination of all attic dormers and windows in non-habitable attic areas, or else include the space in the habitable square footage calculations. Heritage Habitable Space Calculations by ARC from plans provided: (pending verification) Unit A (48 ea.) 2,200 sf Unit B (72 ea.) 1,675 sf (request clarification if Unit B-2 has been deleted) Unit C (4 ea.) 2,050 sf (request clarification if Unit C-1 has been deleted) House Design Elements: The ARC notes the 15 ft. x 15 ft. breezeway connecting the A units. We think it is unlikely that vegetation will grow under these vestigial breezeways as specified. Understanding there are ramifications concerning the definition of"attached housing", the ARC recommends that the roofs be deleted and the units truly attached. Also recommended is changing the breezeway roof to an open pergola structure and/or reconsidering the ground surface beneath. ....... - 2 - The ARC notes that garage doors are extremely prominent features of the street frontage and out of character with the existing community. The ARC recommends recessing garage doors 4-6 feet under an overhang and moving front entrances forward to be the more dominant street elements. Note that floor plans for unit A have garages pushed closer to the street, while recessing front doors. B/C units have side entrances. Housing Resilience: Current real estate information shows people are rapidly losing interest in large houses. In addition,recent research sponsored by the Department of Energy shows buyers are willing to pay more for homes with rooftop solar panels. Owners are increasingly interested in low heating bills, solar panels, geo-thermal systems,well-insulated LEER-type construction and a house that will stay warm even if there is a power failure. We recommend that the Developer take these current market trends more seriously,including amenities that will increase the resilience of this housing stock into the future. The ARC recommends design elements that reflect sensitivity to solar orientation as it relates to both passive and active solar design. The proposed hip roofs are problematic for future roof top solar installations. The ARC notes that there are only two housing prototypes (B/C types are the same) for 124 units, and those are segregated by street. We think diversity of house shape,color and texture is important in a neighborhood,promoting greater character and quality of life. We think the units lack a sense of place, and a person easily could get lost navigating the roads,particularly individuals with any kind of memory issues. Landscape: The ARC recommends greater plant and tree diversity, and inclusion of more indigenous materials. White pines should be removed from the plant list. White oaks should be added to the plant list. Within the development,we recommend that the hard sidewalks circling the open"landscaped areas" be moved to the house side of the roads,where pedestrian traffic is more likely. This will reduce the total amount of impermeable pavement since then sidewalks will overlap driveways. The present sidewalk location should be replaced with mulch paths. Relationship to Community: The ARC notes that having only one entrance/exit to the development is problematic for the quality of life of nearby residents and adversely affects local traffic patterns. Noting the projected long term construction schedule, (+/-6 years), there will be an extraordinary increase in construction vehicle traffic for the medium term. The ARC objects to the card-key security-gated entrance to this community. To our knowledge, it would be the first such gated residential community in Southold Town. We think this is not warranted by local crime statistics, and is antithetical to a sense of community appropriate for this central village location. ARC encourages any additional sidewalks and plantings that would improve the pedestrian link to the village center. Contaminated Soil on-Site: Because this is a wooded lot, the ARC recommends leaving the site as undisturbed as possible. However, we have been informed that due to Arsenic in the soil, the clear cutting of the entire 46.17 acre site may be required, along with the removal of contaminated soil to a depth of one foot across the full acreage. Additionally, the soil (approx. 74,000 cu. yds.) is to be mounded, covered, and kept on site. This is a serious concern. le Application: The Committee is Tabling the application as submitted. Due to the size and scope of this project,the Architectural Review Committee comments included here concern only our general observations about this development. As the approval process proceeds, the Architectural Review Committee recommends a later review of more routine details such as lighting,plant lists, topography, exterior construction materials and colors. Motion made and seconded. 41" 1 izabeth Cantrell,A.R.C.Secretary ................................... 4 - 100 MOTOR PARKWAY,SUITE 156 HAUPPAUGE,NY 11788 el-IGNr;:631.979.3000 EAx:631.979.7070 www.certilmanbalin.com MICHELE ROEDINGBOYLE LEGAL ASSIs"rANT mboyle cr certilmanbalin.com 1 MT 602, February 9, 2016 �P�. alnitgrertg Board Town of Southold Planning Board Att: Donald J. Wilcenski, Chairman Town Hall Annex 54375 State Route 25 Southold,NY 11971 RE: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, Corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM #1000-102-1-33.3 Our File #46181.0005 Dear Mr, Wilcenski: The above-referenced matter was heard before the Southold Town Planning Board on January 11, 2016. I enclose herewith additional return receipt cards that we have received subsequent to said hearing date. Kindly include the enclosures in your file on this matter. Very truly yours, Michele Boyle , mrb Enclosure �,112"R 11 LMAN BAUN .1)1 'R&I IYMAN,LIT NASSAU OFFICE:EAST MEADOW,NY 11554 3259967.1 C o O b z ° c ° �e m w W C � K rA in O� a v, 01 L' Lrj CD ED Er o wm p n o O O �r D o oC3 'Will, � Q-ni c ,mow. w l r u E, �-- � 0' u a� m N" 03 Cl 1115 in u I � y a G P"u II uah'o 7,1,111 Pill " �a In1115 f a rr> dP �,p f y91 V If aw'll� �" id n t u w 4 P I i II �i% HIVIi PP r� M1 r r i 6 ��imG oN 11;M G°li°p /ii �mf CS1lkj i p I ! oo® � � oo C i C O z � i� z � �p K 00 C C) [ µ,, c C, v, II r�r a t" M• h,• {! Ul 0 r , O � L a ^IAH . 0 ...�� 1v v �� X7CS � � CD oj� a1r O C µ ) u' rr C� �� }!• i► r ED oLn ru ' I!l r►� ru C1CnLu w r17J w . 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SignratOle ■ Complete items 1, 2,and 3. � 0 ❑Agent ■ Print your name and address on the reverse X t r p 1 re so that we can return the card to you. ■ Attach this card to the back of the mailpiece, ate of Delivery �� /✓.." p n.l�locei�rnd by(l� Wed 9�6�arney ce permits. or on the front rf S a - .... D. Is delivery address different from dam 1" If YES,en 1. Article Adtiracca i+n QH, Yes �16181.0005/mi•b ter delivery address below: ❑ No Charlys J. & Jean T. Lahra PO a 'J 137 Mat . :NY 11952 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered Mailr" 6 ly @Aduified Mail®It Signature Restricted Delivery �Registered Mail Restricted Cert Delivery 0 9401 0079 5168 4529 50 �CertifiedMailRestrictedDelivery Return Receipt for ❑Collect on Delivery Merchandise ___.-.--- ..._.. ❑Signature ConfirmationTM -- - "❑Collect on Delivery Restricted Delivery 9 2. Al"i hor rTransfer from service label ❑Insured Mail ❑Signature Confirmation 7 015 0640 0005 1 o Itricted Delivery Restricted Delivery 1 i 11 @ Om s� • ■ Complete items 1,2,and 3. A. S&,jn K ❑Agent ■ Print your name and address on the reverse ❑Astrfrw�xsrara., so that we can return the card to you, X x�'c Iv cl by Name) �f, rrr�at of Delivery ■ Attach this card to the back of the mailpiece or �1 �� 2(b b if space permits.... ___ ... 111 � V Yes,,,.� -. . 1."Article Addressed � D. Is delivery address different from l�„ e front d to. If YES,enter delivery dtBa4rr ,'� ^lty No r 46181.0005hnrb Lydia Burns rol Douglas & y y, reen Drive 0 Everg 175 Cutch NY 11935 ogtiie, 3. Service Type r"rwrrfi .arslerail �� y � m f� Its ignature ❑Wa gkah iva�KO 131111111111 �� {` mm `$m "f Adult Signature Restricted Delivery �livbblavl�umtif IM'pftr iilr"f t7ual�weiy P" Certified Mare®ve Restricted Delivery ti4ri rh odii a+flit fill' 8 4530 94 Certified Mail Restricted Delivery fuNwnu it &PweP ❑Collect on Delivery p a iquIM100 P onfil a)ON r . D ......2 Article Number... ransfer�� I I'1laluetairo f tor7r"r�rr�zf{r`i+r 90 9401 00 R from san,lro i,h��9 2 6 8 9 8Deliverymaeti It d o rrri4vuar°y ej-n �> n�,4 0 0 0 9 5 91 Restricted d¢yvrgrc ,�grl} ----• .._ �_b..,..,ram•airtt PS ■ Complete llarns n 3 A 3 aturr ■ Print your name nal ddi on the reverse ❑Agent so that we can ret6 h the card to you, " ❑Addressee ■ Attach this card to the back of the mail iece f drat M nej C ri to-of 1 1 ri yoiy or on the front if space permits. a w- -P_.... __--- 1. Article Addressed fin D. Is delivery address difkoerit from item 1'i" Y 46181.0005/mrb If YES,enter delivery address below: ❑ No David A. & Donna M. Cook 3050 Highland Road Cutchogue,NY 11935 3. Servilce Type, ;I Priority Mail Express® 0 AtluiR Sill IIIjhaifi LI Registered MaiIT'^ ,4_J AarrrPt Sigilkituoa rfiarrrprla;rer9 17ar6very ('l Registered Mail Restricted lsll"eii Mod N6auPlifr Delivery 9590 9401 0079 5168 4531 17 Elr;i rl ifierf Mall no,atrluted Dowel y L° Return Receipt for 7 15 00005 _....-_ U1 Collw�c�f'ea'i Onllve�ry° Merchandise El n.i,ie nu, h rr�n�r f nm pond a laholl Collect on Delivery Restricted Delivery El Signature Confirmation- 6 4 0 0 0 0 5 9268 9 914 13 Signature Confirmation Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1 2,and 3. A. ,y lature ■ Print your name and address on the reverse X � Agent so that we can return the card to you. 1 ltGi it trs e ■ Attach this card to the back of the mallpiece B. 2 aaa 8wc d by(Panted Name) � 0005/mt. C Date of Delivery or on the front if space permits. ,...._ 618 b D. Is delivery address different from Item 1? 10 Yes 01,I1jc'"ley t1t"a9 ^r1l'lz"f, If YES,enter delivery address below: ❑ No 4 dL h at Typaluro Registered Priority Mail Express® ^ , I I Akad4`alta,epsalir I'f Registered MaiITM Adull Signiattlre t�te�mi to upij 1.7ai vei y Registered Mail Restrictlivery ed 9590 9401 0079 5168 4531 31 Fi .difindWilWol ll Return 11 9 crrtuflrfi�Will f;a�y�trG�taid t'oayltvary �!7 Return Receipt for w ....... m...__....... U G o@l ica con I MellSvary^ Merchandise 2. Article Number(Transfer from service laha/) U G dleml cell W"hAVory d tow Wr led Vellvmy 4:`I Signature Confirmation- 7 015 0640 0005 9268 993 i,61 Signature Confirmation N tlai lsduat !Llthekl ere Restricted Delivery ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse Xr ❑Agent so that we can return the card to you. ��, ❑Addressee ■ Attach this card to the back of the mailpiece, Barw Nvaad byarryttarde) C. V1 a oflavesy the front if space permits. � r 46181.0 D. Is delivery address d � or on — ... ..,. f y dress below: N,r 005/mrb rY rttgt from item 1? r❑ Y� If YES,enter GMeGlvar ad Patrick .1. Jr. & Leslie Casey 2890 (-Highland Road Cutchogue, NY 11935 3 Service Type ❑Priority Mail Express@ ❑Adult Signature s El Mail !!Adult Signature Restricted Delivery R Registered Mail Restricted 111111 IN IN 111111111111111111111111111111 (!ti.l Certified Mail@ � Delivery 9590 9401 0079 5168 4529 98 Certified Mail Restricted Delivery 1^J Return Receipt for ____ ❑Collect on Delivery Merchandise ^"''��^ T^^^E^•f•^w a h n O Collect on Delivery Restricted Delivery ❑Signature ConfirmationT" 7 015 0640 0005 9268 9792 ❑Signature Confirmation ,. Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1,2, and 3. A. Signature ■ Print your name and address on the reverse El❑Agent ■ Attach this card to the back of the mail piece, B. R/eived by(Printed Name) C. Date Addressee so that we can return the card to ou. . " _.., C_ ...._ _...... , ___._�n �.... ........ of t�cl yGtr+yr or on the front ifs ace permits. _ t d✓7/✓//i �f �� m If YES,enter delivery dte °' � 1. Article Addressed to D. Is delive address different lrof a,a„ q"t Yes 46181.0005/mrb ry 9 Cynthia Lake r 2270 Highland Road Cutchogue,NY 11935 � ^ 3. Sevice Type 4p III III III III�y I m( P ggq O Adult S gn turre Restricted Delivery Regis Signature teredtM ilk AdultRestricted f Certified ied Ma Delivery 9590 9401 0079 5168 4531 24 o Certified Mau Restricted Delivery Return Receipt for ______ ,,,,,,,,,,,, ❑Collect on Delivery Merchandise 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery 0 Signature ConfirmationT"" n inni read Mail ❑Signature Confirmation 7015 0 6 4 0 0005 9268 9921 estricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt CHARLES W. KUEHN A R C H I T E CT P. O. Box 641 Northport, NY .11768 Tel: (630 262-8540 Fax: (631) 262-8541 February 10, 2016 Ms. Heather M. Lanza, Town of Southold Planning Director Q)A-A AA-T kSC I Town Hall Annex Building 54375 Route 25 Southold, N.Y. 11971 Dear Heather: Re: Heritage at Cutchogue Cutcho4ue, N.Y. Please find attached, 15 copies of the Unit B-1 First Floor Plan with the corrected square foot number,. Please review the drawings and feel free to contact me with any questions or comments. Sincerely, 2111� Charles W. Kuehn, RA CWK:ck Cc: Mr. John M. Wager, Certilman, Balin& Hyman, LLP Lanza, Heather From: Fisher, Robert Sent: Thursday,January 28, 2016 4:00 PM To: Lanza, Heather Subject: RE: Emergency access road ideas Heather, 1. Mountable curbs across both ends of it. Yes, good idea. 2. Use the grass pavers, but place a noticeable sign there that it is an emergency entrance that will support the largest equipment trucks, maybe also states the weight tolerance, and/or educate all fire truck drivers in the region about the fact that those pavers are there. Yes, I think this would work. 70,0vuf, 3. A simple gate that is not locked at all, but kept closed and monitored by the development's maintenance personnel. The neighbors' will also have an interest in keeping that gate closed because they are the ones that don't want through traffic. OK- I feel this gate should be labeled as such. What is the minimum width you recommend for this emergency driveway, keeping in mind we'd want it as narrow as possible to discourage any routine access over it? Minimum 20 feet. Emergency access min 20'. Fire Code 5.3.2.1- Dimension (see below) 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.7 and Appendix D. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet(6096 mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet, 6 inches (4115 mm). Fire apparatus access roads shall also meet the width requirements of Sections D103.1 and D105 of Appendix D. 503.2.2 Authority. The code enforcement official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. 503.2.3 Surface. Fire apparatus access roads shall be designed per Section D102.1 of Appendix D, maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. 503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the code enforcement official. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet(45 720 mm) in length shall be provided with an approved area for turning around fire apparatus as required in Section D103.4 of Appendix D. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road,the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus.Vehicle load limits shall be posted at both entrances to bridges when required by the code enforcement official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the code enforcement official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the code enforcement offical or by D103.2, based on the fire department's apparatus. 503.3 Marking. Where required by the code enforcement official, approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof.Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles.The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. 503.5 Required gates or barricades. The code enforcement official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads,trails or other accessways, not including public streets, alleys or highways. 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the code enforcement official. Exception:The restriction on use shall not apply to public officers acting within the scope of duty. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire chief. Where security gates are installed,they shall have an approved means of emergency operation.The security gates and the emergency operation shall be maintained operational at all times. Hope this helps. Bob Robert Fisher Fire Marshall,Town of Southold Robe rt.fisher@town.southo Id.ny.us (W) 765-1802- (C) 786-9180 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Lanza, Heather Sent:Thursday,January 28, 2016 9:35 AM To: Fisher, Robert<Robert.Fisher@town.southold.ny.us> Subject: Emergency access road ideas Bob, I checked in with other towns on ideas for how to create an emergency access that wouldn't slow down first responders but would also not allow everyday traffic to flow over it. Here are some thoughts to consider. 1. Mountable curbs across both ends of it. 2. Use the grass pavers, but place a noticeable sign there that it is an emergency entrance that will support the largest equipment trucks, maybe also states the weight tolerance, and/or educate all fire truck drivers in the region about the fact that those pavers are there. 3. A simple gate that is not locked at all, but kept closed and monitored by the development's maintenance personnel. The neighbors' will also have an interest in keeping that gate closed because they are the ones that don't want through traffic. 4. What is the minimum width you recommend for this emergency driveway, keeping in mind we'd want it as narrow as possible to discourage any routine access over it? Thanks, Heather Heather Lanza,AICP Town Planning Director Southold Town Planning 53o95 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanzaCa)town.southold.nu.us A . mm_. r r iivant; ', '. AU� Jeffrey W. Szabo Administrative Offices: 4060 Sunrise 1-•6ighway, Oakdale, New Fork 11769-0901 Chief Executive Officer (631)563-0353 Fax: (631)563-0370 January 12, 2016 Donald J. Wilcenski, Chairman Town of Southold Planning Board Office P.O. Box 1179 Southold,NY 11971 RE: Accepted DEIS -The Heritage at Cutchogue SCTM# 1000-102.00-01.00-033.003 Dear Chairman Wilcenski: The Suffolk County Water Authority (SCWA) appreciates the opportunity to comment on the DEIS as prepared for the captioned project. The DEIS for this project indicates that domestic water consumption will be approximately 22,500 gpd(gallons per day). This projection in and of itself should not have a significant impact on SCWA supply, however the DEIS also projects an additional 43,500 gpd of water usage for irrigation during the irrigation season. Typically the majority of irrigation is done in a three to five hour period of the day. This translates to a usage rate of approximately 241 gpm(gallons per minute). Due to the sensitivity of chloride intrusion on the aquifer on the North Fork, the majority of SCWA wells have a rated pumping capacity of 250 gpm or less. This proposed project's irrigation use would essentially be the capacity of one well in the Southold Low Zone at SCWA's peak pumping period. The SCWA urges that the Town of Southold impose conditions on this project requiring that the applicant construct and maintain a well of their own for irrigation purposes. This condition would be consistent with recommendations identified in The Long Island Comprehensive Waste Treatment Management Plan (208 Study). Should you wish to discuss this project further, I may be reached at 631-563-0353. "'fiery lrraly yours„ Jeffrey W. Szabo JWS:kk cc: James Gaughran, Chairman, SCWA Joseph Pokorny, Deputy CEO Operations, SCWA ®. ..m � Steven Bellone SUFFOLK COUNTY EXECUTIVE J I Department of m Economic Development and Planning q l Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment January 7, 2016 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn: Elizabeth Neville Re: The Heritage at Cutchogue Local File No.: N/A S.C.P.C. File No.: SD-15-03 Dear Ms. Neville: The Suffolk Planning Commission at its regular meeting on January 6, 2016 reviewed the referral from the Town of Southold entitled, "The Heritage at Cutchogue,"referred to it pursuant to Section A14-14 thru A14-25, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very Truly Yours, Sarah Lansdale D i recto W f Planning oe 1",)t ew P I7 f ""N Chief Ply tin APF/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 ZSR-16-03 Resolution No. ZSR-16-03 of the Suffolk County Planning Commission Pursuant to Sections A14-14 to thru A14-25 of the Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, a referral was received on October 6, 2015 and December 8, 2015 at the offices of the Suffolk County Planning Commission with respect to the application of "The Heritage at Cutchogue" located in the Town of Southold, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on January 6, 2016, now, therefore be it RESOLVED, that the Suffolk County Planning Commission hereby adopts the report of its staff as amended, as the report of the Commission, Be it further RESOLVED, pursuant to Section A14-16 of the Suffolk County Administrative Code and Section 239-m 6 of the General Municipal Law, the referring municipality within thirty (30) days after final action, shall file a report with the Suffolk County Planning Commission,and if said action is contrary to this recommendation, set forth the reasons for such contrary action, Be it further RESOLVED, that the Suffolk County Planning Commission Approves the referral of The Heritage at Cutchogue site plan with the following modifications and comments: Modifications: 1. Advanced wastewater treatment including the possibility of innovative/alternative nitrogen reducing systems are appropriate for this proposed development and the petitioner shall be directed to continue dialogue with the Suffolk County Department of Health Services regarding the use of innovative alternative wastewater treatment for the proposed development. 2. The applicant shall be encouraged to review the Suffolk County Planning Commission publication on Managing Stormwater-Natural Vegetation and Green Methodologies and incorporate into the proposal, where practical, design elements contained therein. Comments: 1. The applicant should continue to work with all appropriate regulatory agencies including the New York State Department of Conservation, Suffolk County Department of Health Services and the Town of Southold to insure that any impacted soils on the subject property are properly handled and mitigated. 2. The applicant should be encouraged to review the Suffolk County Planning Commission Guidebook particularly with respect to energy efficiency and shall incorporate where practical, applicable elements contained therein. 3. The applicant should review the Planning Commission guidelines particularly related to public safety and incorporate into the proposal, where practical, design elements contained therein. 4. The applicant should review the Planning Commission guidelines particularly related to universal design and incorporate into the proposal, where practical, design elements contained therein. 5. The applicant should work with the Town to insure that the proposal is in conformance with the New York State Long Island Workforce Housing Act. 6. Where practical the applicant should incorporate into the plan green renewable technologies such as solar and geothermal. • The Suffolk County Planning Commission Guidebook for policies and guidelines can be found on the internet at the below website address: h�ttp:J/WWW,suffO IkCO ant n . ov/P t l s/ft Ian nin /Publications/SCP _ L L b1�1 r f ZSR-16-03 File No.: SD-15-03 The Heritage at Cutchogue COMMISSION ACTIONS ON ADOPTION OF RESOLUTION AYE NAY RECUSED ABSENT ACCETTELLA Jr. RAMON -� � Town of Babylon X _........ ... —— . ,. CASEY, JENNIFER -Town of Huntington X CHARTRAND, MATTHEW-Town of Islip Isli X I SAMUEL-At Large ......... X �. _... ...... ........— ESPOSITO, ADRIENNE-Villages over 5,000 X .. .. .............. _... . . �.._ m FINN, JOHN -Town of Smithtown X ,, .. ..._ m. .... GABRIELSEN, CARL-Town of Riverhead X v--- - ..9 GERSHOWL... �.. _..— �ww...............� TZ, KEVIN G.- At Large X KAUFMAN, MICHAE....�_ L- Villages under 5,000 X KELLY, MICHAEL-Town ........ ... of Brookhaven X PLANAMENTO, NIC....� HOLAS -Town of X Southold ROBERTS, BARBARA Town of Southampton._...... ,.._ a.�_aaada.�..... ........�e w................ . .,m................— hampton X KRAMER, SAMUEL-Town of East Hampton X... .�.. _. ... ...�... Motion: Commissioner Planamento Present: 13 Seconded: Commissioner Accettella Absent: 0 Voted: 13 Recused: 0 DECISION: Approved OFFICE LOCATION: MAULING ADDRESS: Town Hall Annex xa P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 2016 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Hearing Held Open - Residential Site Plan for The Heritage at Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD Dear Mr. Wagner: A Combined Public Hearing regarding the Site Plan, dated July 10, 2015, entitled The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.0 and the Draft Environmental Impact Statement for The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated October 30, 2015 was held by the Southold Town Planning Board on Monday, January 11, 2016. The public hearing was held open until the next public meeting which is scheduled for Monday, February 8, 2016 at 6:00 p.m. Please note the new hearing date and time on the sign (insert enclosed) and return it with the post to the Plannincl Board Office after the ublic hearing is closed. If you have any questions regarding the above, please contact this office,. Very truly yours, Donald J. Ll nski Chairman a of 0 ifl I tO O N W m w LL I Q z 0 CERTILMANBALIN 100 MOTOR PARKWAY,SUITE156 HAUPPAUGE,NY 11788788 t\1TL)RNn's PHONE:631.979.3000 FAX:631.979.7070 www.certilmanbalin.com JOHN M.WAGNER PARTNER Q jwagnerPcertilmanbaliri.eoln 1- '�Jl �� ,`�\ T , ) January 7, 2016 JAN 0 2016 Southold Town Plarminq Beard VIA FEDEX DELIVERY Town of Southold Planning Board Att: Donald J. Wilcenski, Chairman Town Hall Annex 54375 State Route 25 Southold,NY 11971 RE: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, Corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM #1000-102-1-33.3 Our File #46181.0005 Dear Mr. Wilcenski: In connection with the January 11, 2016 public hearing for the above-referenced matter, I enclose herewith: 1. An Affidavit of Posting, with pictures of the posted sign; and 2. An Affidavit of Mailing, together with the certified mailing receipts, a copy of the notice sent, and a list of the owners to whom the notice was sent; and 3. Signed green return receipt cards received to date. Should we receive additional cards prior to the hearing, I will hand them up at the hearing. Thank you for your cooperation. Very truly yours, C� f John M. Wagner JMW:mrb Enclosures CERTILMAN BALIN ADLER&HYMAN,LLP NASSAU OFFICE:EAST MEADOW,NY 11554 3238361.1 AFFIDAVIT OF POSTING This is to serve notice that 1 personally posted the property known as 75 Schoolhouse Road, Cutchogue, NY 11935 by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on January 11, 2016 Charles W. Kuehn Your Na a (print) Signature PO Box 641 , Northport, NY 11768 Address January 4, 2016 Date tary Public JOHN MATE"HEW WAGNER Notary Public, State of New York No. 02WA4673706 Cunlified in Suffolk County Commission Expires September 22, 2ploc-1, PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 1/8/16 Re: Proposed Residential Site Plan &_Draft Environmental Impact Statement for The Heritage at Cutchogue, LLC SCTM#s: 1000-102.-1-33.3 Date of Combined Public Hearing: Monday, January 11, 2016, 4:34 p.m. r _ �, .� r• '�,..�• +�• ��4�� _�` g" .:.art'. 4, :.� y,.■�^ y • 7 -f II �_Y �� .?.�i�., ��T j Vw {.if�. � • w'�^ems.�v�'� ��. `^ �_ � �'��.," a +T� r - ' .r�•t !�' e r ti n i r� ''� M_ l -60 1/ jai 1 e 1 ,Ti Y' { N NAILING AFFIDAVIT OF with respect to This is to serve notice that the property known as The Heritage at Cutchogue, LLC SCTM 1000-102-1-33.3 - 75 Schoolhouse Road on the corner of Schoolhouse Road & Griffing Street, Cutchogue the date of the public hearing on 1/11/16 1 have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on 12/31/15 Michele Boyle Your Name (print) 113 C Signature 202 Clubhouse Drive, Patchogue, NY 11772 Address January .� 2016 Date Nota6 Public KATMtEEfd A.❑EINiNGFR Notery pul3fio stela of N�,v York No_01f]EG171749 cut,jI1fa4d in Suffolk Casiailyy commission Expires Jufy 30„2b PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 1/8/16 Re: Proposed Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchoque, LLC SCTM#s: 1000-102.-1-33.3 Date of Combined Public Hearing: Monday, January 11, 2016, 4:34 p.m. Notice to Adjacent Property Owners The Heritage @ Cutchogue 75 Schoolhouse Road Cutchogue, NY SCTM#1000-102.-1-33.3 1. 102.-1-23.1 Z a hVa. 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DiMartino `00 William F. & Vivian VeIe%-� asps Ln :°� °' `585 Dune Road asps Ln 2060 Highland Road o SnntTo ..._..._ Westhampton, NY 11977 1 Srinf s Cutchogue, NY 11935r � rt� --_ did s7Rro w .......... Postal o RECEIPT co CERTIFIED m Domestic Mail Only Ir Cr For delivery ro 0 1: F I C U --0 Carttned Mats Fee - ru Er E re Services B ntts(rhook box,addka Ma w Vujcfatal tiU Ppq�� Lr) I�i Rattmr Receipt(hardcopy) $ E3 ❑Return Receipt(electronic) $ Postmark t []Certified ' C3 ❑Adult si tul 3 C3 ❑AdultSI Sormeley Zora QPRT p"eta"e 209-50 28th Ave. 5 ' t s a o�s�s d Bayside, NY 11360 UsV Ln $ sent To 17�� St&W arxlO No.,or Pb�oz IVo. — �— Zify', -------------------------------- PS :rt April 20150- trt•r• COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ElAgent so that we can return the card to you. _ ❑Addressee ■ Attach this card to the back of the mailpiece, B. calved by(Printed Name) C. Date of Delivery or on the front if space permits. _ 012 _ 1. Article Addressed to: D. liy addres -fit from ❑Yes 46181.0005/mrb F . rater d address belt StewA.-i E. DiMartino 585 Dune Road Westhampton,NY 11977 ; mum III(IIIII IIII III II II I I IIIII i IIIII III II IIIII III O ice T dulAde.tvS gn suE7!.. - . - SENDER: loll eredrlty lMnlp�eatri ted L tf>.d)utsll r 9590 9401 0079 5168 4530 70 F1 certlflod Mail2rjo°" r Collect'" De ndlse 2. Article Number(Transfer from��•r�- AM eDelivery lationrm 7015 06411 0005 9268 9871' onfrmation -(ovenFe y aver Form 3811,April 2015 PSN 7530-02-000-9053 — - • • ON DELIVERY ■ Complete items 1,2,and 3: A. 5ige tore ❑Agent �,- ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Rir6elved by(Prr me) C, Date of (very ■ Attach this card to the back of the mailpiece, Lz or on the front if space permits. _ t- + tom. " Article Addressed to: D. Is delivery address diff rant from item 17 1. 1. 8i Addremrb If YES,enter delivery address below: ❑ No TDwn of Southold A)IBox 1179 SWthold,NY 11971 3. Service Type ❑Priority Mail Express® III(IIIII IIII IIIII II II IIIII I IIIII III II IIII I III ❑Adult Signature ❑Registered MaiIT" C7 Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery ❑Certified Mail Restricted Delivery Return Receipt for 9590 9401 0079 5168 4530 18 ❑Collect on Delivery Merch❑Sign Signature Confirmation 1 Delivery Restricted Delivery t7 Signature Confirmation 7 015 0640 0005 9268 9 815 �� ail Restricted Delivery Restricted Delivery over S5= PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONDELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS InComplete items 1,2,and 3. A. Signature"� ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. Rpeelved by fPrtnred Name .w G, to pt ell yery ■ Attach this card to the back of the mailpiece,_ gr or on the front if space permits., 1. Article Addressed to: D. Is delivery address different from item 1 ❑ s 46181.0005/mrb If YES,enter delivery address below: ❑ N0 Jennifer L. &Thomas P. Foster PO Box 1035 Cutchogue,NY 11935 3. Service Typo 1-1 Priority Mail Express® II I IIIIII IIII III IIII II IIIII I IIIII III I III III III El Adult S1gure j Registered Mail AdAdultSlgnmndtura Restricted Delivery � G Registered Mail Restricted Cerflried Maly ` Delivery 0 Cealed Mall Restricted Delivery Rt�jeturn Receipt for 9590 9401 0079 5168 4530 56 ❑Collect onDelivery Merchandise ❑Collect on Delivery Restricted Delivery Signature Confirmation T'" 2. Article Number(Transfer from service label) _ r1 Inciirsd Mail ❑Signature Confirmation Restricted Delivery Restricted Delivery 7015 0640 0005 92 PS Form 381" SENDER: A. Signature ■ Comp]A items 1,2,and 3. ❑Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. S. Received by(Rrf ad Name) � C. Date of ellvery ■ Attach this card to the back of the mailpiece, 11.> � '.1�. PJ or on the front if space permits. Yes A,,,,,,,,,,,,,,,,+— D. Is delivery address different frorr;.f #? 46181.0005hnrb If YES,enter delivery 8d1Iesif DiBorghese Castello LLC w 17150 CR 48 � `42016 PO Box 957 `0 Cutchogue,NY 11935 3. Service Type t pill MWW xpresa� II III I IIIII I I IIII III II II III III II Adult Signature ❑Re is red Mail" IIIIII IIII II li Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery ❑Certified Mail Restricted Delivery Return Receipt for 9590 9401 0079 5168 4530 49 Merchandise n r,^11 ...-- ry fellvery Restricted Delivery Signature ConfirmatlonT" 2. Artirin'11��^`'-" 0 0 0 5 9268 984 6 C1 Signature Confirmation 7 015 0640 G Inourad Mail Restricted Delivery Restricted Delivery over$5W PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS COMPLETE THIS SECTIONON DELIVERY IN Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse N-Recelved 7 ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, by f i,t Name} C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes 46181.0005/mrb If YES,enter delivery address below: ❑ No RC Church of Sacred Heart I Att: Michael V. Flanagan,Esq. I Diocese of Rockville Centre 50N. ParkAve./POB 9023 gkville Centre,NY 11571-9023 11 3. Service Type ❑Priority Mail Express® II I IIIIII IIII III II II I I IIIII I I IIII II III I I II I III ❑Adult Signature ❑Registered MailTM Adult Signature Restricted Delivery \ ❑Registered Mail Restricted Certified Mail® \�j Delivery 31 0 0 Certified Mail Restricted Delivery Return Receipt for 9590 9401 0079 5168 4 5 ❑Collect on Delivery Merchandise TM nI mbar ransfesr from service kT7 ea+ ❑Collect on Delivery Restricted Delivery Signature Confirmation 2• R ❑Insured Mail ❑Signature Confirmation 7015 06 4 0 ❑Insured Mail Restricted Delivery Restricted Delivery _ - _ 0005 9268 g PS Form 3811,April Z015 PSN 753rrvz- _ Domestic Return Receipt COMPLETE ELIVERY SENDE • COMPLETE • A. Signature 0 Agent ■ Complete items 1,2,and 3. X ❑Addressee ■ Print your name and address on the reverse C. Date of Delivery so that we can return the card to you. El. Received by(Printed Name) ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from o ❑Yes item 1. 1. Article Addressed to: If YES,enter delivery address below: ❑ No 461 81.0005/mrb Wade Hubschmitt 31 Martha Street Freeport, NY 11520-6239 3. Service Type ❑Priority Mail Express® ❑Registered MaiIT" IIIIIIIII IIII 111111111111111111111111111111111 ❑Adult Signature \\L�j Adult Signature Restricted Delivery Delivery ed Mail Restricted Certified Mail® Return Receipt for [}Certified Mail Restricted Delivery Merchandise 9590 9401 0079 5168 4530 63 p Collect on Delivery ❑Signature ConfirmationTM' "rery Restricted Delivery Signature Confirmation 2. P 00005 _ _irlated Deli 7 015 06 4 9860 very Restricted Delivery _- -- -jV9r$5 Domestic Return Receipt PS Form 3811,April 2015 PSN 7530-02-000-9053 •MPLETE • • DELIVERY SECTIONSENDER: COFMI:'LETE THIS Flvd Complete ite s 1,2, and 3. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. e by. rlrifea Nem C. Date of Delivery■ Attach this card to the back of the mailpiece, r f_ '� ,Z or on the front if space permit's. ��'lll ��^ n raro�_rl r D. Is delivery address different from It r 146181.000S� tYb If YES,enter delivery address ' Rose's Vineyard LLC PO Box 914 Cutchogue,NY 11935 3. Service Type C3 ail Cxp`ressry ❑Adult Signature ❑ egiaf®r cf lvaljW III III II II I I IIIII I IIIII III I III II I III Adult Signature Restricted Delivery Registered Mail Restricted II IIIIIII I Certified Mail® Delivery ❑Certified Mail Restricted Delivery Merchandise Return Receipt for 9590 9401 0079 5168 4530 87 ❑Collect onDelivery L1SignatureConfirmationT" ❑Collect on Delivery Restricted Delivery Cl Signature Confirmation 2. nrtirlP Number(Transfer from service label) O Insured Mail Restricted Delivery 7015 0640 0005 9268 9884 Restricted Delivery PS Form 3811 April 2015 PSN 7530-02-000-9053 — Domestic Return Receipt COUNTY OF SUFFOLK &5b� p Steven Bellone a�.�' „ 1 SUFFOLK COUNTY EXECUTIVE � ;1 Department of Economic Development and Planning � "w�,, I'1'frInll�i 1°qr Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environin December 28, 2015 Town of Southold Planning Board btl°ltiFi� c� �� 53095 Main Road 'r" r ` P.O. Box 1179 Southold, NY 11971 Attn: Brian Cummings, Planner Re: Application of"The Heritage at Cutchogue" Zoning Action: Site Plan Municipal File No./Public Hearing Date: N/A S.C.T.M. No.: 1000102.00-0100 033003 S.C.P.C. File No.: SD-15-03 Dear Mr. Cummings: Please be advised that pursuant to Sections A 14-14 to 25 of the Suffolk County Administrative Code,the above captioned application which has been referred to the Suffolk County Planning Commission will be reviewed by the Commission at its regular meeting on Wednesday,January 6, 2016, at 2:00 p.m. Rose Caracappa Auditorium W.H. Rogers Legislature Building, 725 Veterans Memorial Highway,Smithtown, NY. The regular meetings of the Suffolk County Planning Commission are open meetings pursuant to the NYS Open Meetings Law;they are not public hearings. Any request to address the Planning Commission on any matter,including subdivision or zoning referrals,must be submitted prior to the meeting. Each request shall be submitted on a card (distributed before the regular meeting) identifying the person and/or organization and topic. During the public portion of the regular meeting, each speaker shall be allotted three (3) minutes. An individual who has requested the opportunity to address the Planning Commission may relinquish his/her time to another speaker. However,no speaker may speak for more than six(6) minutes. In accordance with Suffolk County Planning Commission Policy,any information to be submitted to the Planning Commission will not be accepted at the meeting unless it has been acknowledged by the local referring municipality. H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 The information must be accompanied with a letter from the local referring municipality, describing such contents,as well as instructions for treating previously submitted material. This policy was instituted to avoid confusion as to which information is being reviewed by all agencies. Should you have any questions or comments,please do not hesitate to contact this office. Sincerely, °w Andrew P.Freleng Chief Planner APF/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 (631)853-5191 #12560 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 31 st day of December, 2015. Principal Clerk Sworn to before me this _ day of—WA 2016. r �l CHRISTINA VOLINSKI rr NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified 1n Suffolk County My Commission Expires February 28, 2016 /1 ! � /F r/! r r✓r „ l/d;�f lF'1�Iria1%fJf;Jl��/�/11/I/1l/t irr /rr�l�i%I/ / � a r OFFICE LOCATION: '':, MAILING ADDRESS: Town Hall Annex �� " P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) taw Southold, NY Telephone: 631 765-1938 § www.southoldtownny.gov Ar OUNb� PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXIV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of January, 2016 on the question of the following: 4:31 p.m. Proposed Site Plan for Verizon Wireless at East Marion Fire District, located at 9245 NYS Route 25, t525' w/o Stars Road & NYS Rt. 25, in East Marion, Town of Southold, County of Suffolk, State of New York. SCTM#1000-31-3-11.31 4:32 p.m. Proposed Lot Line Modification for Biggane & Yenicay, located at 8865, 8869 & 8871 Oregon Road, on the n/s/o Oregon Road, approximately 525' w/o Duck Pond Road, in Cutchogue, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-83-1-33 & 34 and 95-1-11.2 4:34 p.m. Proposed Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchogue, located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-1-33.3 Dated: 12/14/15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON WEDNESDAY, DECEMBER 30, 2015 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Kalin, Carol From: legals <legals@timesreview.com> Sent: Monday, December 21, 2015 9:33 AM To: Kalin, Carol Subject: Re: Legal Ad for 12/30 issue of Suffolk Times Importance: High Good morning Carol, The legal is scheduled to be published in the 12/31 edition of the Suffolk Times. Thank you and Happy Holidays! Best regards, l�lllllluui IMEDIA MkOUP Lindsay Rierner Assistant Sales Coordinator 631.298.3200 ext. 2 5 631.354.8032(direct) 631.298.041 (fax) Iriemer@timesreview.com www,timesreview.co From: "Kalin, Carol"<Carol.Kalin@town.southold.ny.us> Date: Monday, December 21, 2015 9:32 AM To: Lee Peters<legals@timesreview.com> Subject: Legal Ad for 12/30 issue of Suffolk Times Please print the attached legal ad for the January 11, 2016 Planning Board Public Hearings regarding the Biggane & Yenicay Lot Line Modification, Amended Site Plan for Verizon Wireless at East Marion Fire District and the Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchogue in the 12/30/15 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin Secretarial Assistant Southold Town Planning Board Town Hall Annex at Capital One Bank 54375 NYS Route 25, P.O. Box 1179 Southold, New York 11971 631/765-1938 phone 631/765-6640 fax 1 OFFICE LOCATION: x MAILING ADDRESS: ��" �,.y Town Hall Anne so � x'Y P.O. Box 1179 54375 State Route 25 e 'i Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) a Telephone: 631 765-1938 Southold, NY www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXIV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of January, 2016 on the question of the following: 4:31 p.m. Proposed Site Plan for Verizon Wireless at East Marion Fire District, located at 9245 NYS Route 25, t525' w/o Stars Road & NYS Rt. 25, in East Marion, Town of Southold, County of Suffolk, State of New York. SCTM#1000-31-3-11.31 4:32 p.m. Proposed Lot Line Modification for Biggane & Yenicay, located at 8865, 8869 & 8871 Oregon Road, on the n/s/o Oregon Road, approximately 525' w/o Duck Pond Road, in Cutchogue, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-83-1-33 & 34 and 95-1-11.2 4:34 p.m. Proposed Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchogue, located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-1-33.3 Dated: 12/14/15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 21st day of December, 2015 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin rd Southold Town Hall lailn Road Southold' New York 1/11/16 Publici 4:31 p.m. Public Hearing for the proposed Amended Site Plan for Verizon Wireless at East Marion Fire District, SCTM#1000-31-3-11.31 4:32 p.m. Public Hearing for the proposed Lot Line Modification for Biggane & Yenicay, SCTM#s1000-83-1-33 & 34 and 95-1-11.2 4:34 p.m. Public Hearing for the proposed Residential Site Plan and Draft Environmental Impact Statement for The Heritage at Cutchogue, SCTM#1000-102-1-33.3 _..._.. _. CaroN Kalin .� _... Secretary, Southold Town Planning Board Sworn to before me this i day of�, c�vy�� , 2015. Notary ,.,ub�.._ ......_ c MELANIE DOROSKI NOTARY PUBLIC,State of New York No. 01 D04634870 Qualified in Suffolk County Commission Expires September 30,105 14-12-8(3/99)-9c SEAR State Environmental Quality Review Notice of Completion of Draft/ Final EIS Project Number 1000-102-1-33.3 Date: 12/7/15 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. A Draft or❑Final (check one) Environmental Impact Statement has been completed and accepted by the Town of Southold Planning Board as lead agency, for the proposed action described below. If a Draft EIS: Comments on the Draft EIS are requested and will be accepted by the contact person until March 7 2016 Name of Action: _ _...—.. The Heritage - a of Cutut chogue(SCTM No. 1000-102-1-33.3) Description of Action: This Residential Site Plan � �-�- �-- - -�-��-- proposed Ian is for the development of 124 detached and attached dwellings classified In three types:48 "Type A"units(1,999+/-sq.ft. livable area),72"Type B"units(1,599+/-sq,ft, livable area)and 4""Type"C"units(1,999+/-sq.ft. livable area). In addition,there are proposed the following:a 6,188 sq.ft.community center with a±1,125 sq,ft.outdoor swimming pool,one tennis court,284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center,and various other associated site improvements,on a vacant 46.17-6cre parcel in the Hamlet Density (HD)Zoning District located on the n/w corner of Griffing Street and School House Lane,approximately 1,079 feet n/o the Main Road, in Cutchogue. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended. I Location: 75 Schoolhouse Road,corner of Schoolhouse Rd.&Griffing St.,Cutchogue { Town of Southold I County of Suffolk State of New York it SEQR Notice of Completion of Draft/ Final EIS Page 2 of 2 Potential Environmental Impacts: See attached Scope dated September 10,200T i A copy of the Draft/ Final EIS may be obtained from: Contact Person: Donald Wilcenski Chair Address: 54375 NYS Route 25, PO Box 1179, Southold, NY 11971 Telephone Number: 631-765-1938 A copy of this notice must be sent to: Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1750 Chief Executive Officer, Town/CityNillage of Southold Any person who has requested a copy of the Draft/ Final EIS Any other involved agencies Environmental Notice Bulletin, 625 Broadway, Albany, NY 12233-1750 Copies of the Draft/Final EIS must be distributed according to 6NYCRR 617.12(b). ............ ........................... ....... . ............................................. ................ ....... .. ............................................................ ........................ IN/ ............ r�A ITT VAI�, I-Al 14 91 of �111k, >11 ej -C9 q, JAI, IN ret IN mJ. .................... Rt ig 11111�1�uIv loll�111�i 1, dll-1-H 1. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ,� /�" _ P.O. Box 1179 54375 State Route 25 � y>„ Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-niy.gov COUNTI PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 8, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Real Set Combined Hearing & Accept DEIS - Residential Site Plan for The Heritage at Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & GrifFing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD Dear Mr. Wagner: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 7, 2015: WHEREAS, the Southold Town Planning Board, as Lead Agency, found that The Heritage of Cutchogue (SCTM#1000-102-1-33.3) Draft Environmental Impact Statement (DEIS) submitted on July 16, 2015 to be inadequate for public review due to omissions/deficiencies; and WHEREAS, on September 15, 2015, the Southold Planning Board sent a letter indicating that the DEIS was inadequate and identified the omissions/deficiencies to the applicant; and WHEREAS, on October 30, 2015, the applicant submitted a revised DEIS which has been reviewed; therefore, be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, hereby finds The Heritage of Cutchogue (SCTM#1000-102-1-33.3) Draft Environmental Impact Statement, dated October 30, 2015, adequate and acceptable for public review; and be it further RESOLVED, that the Southold Town Planning Board hereby authorizes the Planning Board Chairman to submit the Notice of Completion pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law and, upon filing, the public comment period will begin; and be if further The Heritage 2 ( Page E) e . ernbew' 8 , 2 015 RESOLVED, that the Planning Board sets Monday, January 11, 2016 at 4:34 p.m. for the public hearing regarding the Site Plan, dated July 10, 2015, entitled The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.0 and the Draft Environmental Impact Statement for The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated October 30, 2015. Please refer to the enclosed coDv of Chapter 55 Notice of Public Hearin in re and to the Town's notification rocedure. The notification form is enclosed for vour use. The sign and the oast Aill need to be icked up at the Planning Board Office Southold Town Annex. Please return the enclosed Affidavit of Postinq alongv ith the certified mailinILLeceintsAND the signed green return recei t cards before 12:00 noon o Friday o be returned to the Plannin Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encl.. Scott Russell, Southold Town Supervisor Southold Town Clerk for Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Board of Trustees Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Cutchogue Fire District Suffolk County Department of Health Services Suffolk County Water Authority Suffolk County Planning Department Suffolk County Department of Public Works NYS DEC - Stony Brook NYS DEC - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program USDA - Natural Resource Conservation Service Environmental Notice Bulletin Any person requesting a copy File FINAL.SCOPE FOR DRAFT ENVIRONMENTAL IMPACT STATEMENT "TiiE HERITAGE AT CUTCIIOGUE" SCTM No. 1000-102-1-33.3 Residential Site Plan Approval in Hamlet Business District Zone Griffing Street/Schoolhouse Lane,Hamlet of Cutchogue Town of Southold, Suffolk County,New York Prepared by: Nelson&Pope,PLLC 572 Walt Whitman Road Melville,New York 11747 (631)427-5665 Contact: Gary Becker,P.E.. Amended by Town of Southold Planning Board P.O.Box 1179 54375 State Road 25 Southold,New York 11971 (631)765-1938 Date: September 10,2007 1.0 Introduction and Location This document is the Final Scope of the issues and analyses to be included in the Draft Environmental Impact Statement (DEIS) for the proposed Heritage at Cutchogue project, The proposed project is to.be located on a 46.16-acre parcel located at the northwest corner of Griffitig Street and chool I-lottse Lane, approximately 1,079 feet north of Main Road, Cutchogue. The parcel is more,specifically identified as SCTM No. 1000-102-1-33.3, located in (beJ-laml:et of Cutchogue,Town of Soutlold, New York. The site is zoned Hamlet Density(HD) zoning district. The analysis 6f'the I'loriiage at Cutchogue project in a DEIS has been required by the Town of Southold Planning Board, as Lead Agetacy for administration of the site plan review and .as required by the Nbw York,State Environmental Quality Roie«Act (S1 QRA). 7'hc requirement for a DEIS is contained in a Positive Declaration issued by the Planning Board on July 16,2007, Subsequently tbo agent, Mules Cuddy, submitted a Draft Scope at the planning Board work Session on July. 30, 200.7. Pursuant to SEQ11, the Planning Board conducted Scoping and allowed for public pttrticipution through a public: meeting on August 20, 2007 and allowed for a written coivunent p'criod.until September 4, 2007. 'Comments from both the Scoping meeting and written comajent period were .revi.ewed by the Planning Board and incorporated into the Final Scope, The information prepared in conformance with this scope and the SEQRA process is intended to provide comprehensive input in the decision-making process for use by involved agencies in preparing their own findings and issuing decisions on their respective permits. The document must be concise but thorough, well documented, accurate and consistent. Figures and sables will be, presented in support of the discussions and analyses contained in the document. Technical information will be summarized in the body of the DEIS and attached in their entirety in an appendix. Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement 2.0 Brief iescription of the. PropnNrt:i ProojeeCt The proposed project involves the residential site plan approval for development of a Planned (55+ years of age) Active Adult Community consisting of I39 detached and attached residential dwellings of approximately 2,000 square feet (SF) each; an 8,840 SF clubhouse; 1,160 SF swimming pool; two 3,200 SF tennis courts; a 2,400 SF maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are associated with the individual dwelling units and 44 are associated with the clubhouse and recreational facility; 197,043 SF of man-made ponds to serve as natural drainage basins/Irrigation systems; 1,162,022 SF (27.676 acres) of landscaping; and various other site improvements including road pavement, patio and sidewalk improvements. 3.0 Potentially Significant Adverse Impacts, The description of the potential adverse impacts of the proposed project has been obtained from the Planning Board's positive Declaration of July 16, 2007. Additional insight into potential impacts is provided in the Part 3 EAF which was attached to the Positive Declaration. These issues are reflected in this Draft,Scope. The Positive Declaration identified the following reasons for the Determination of Significance: This proposed action may cause a potential significant adverse impact oil water, impact on plants and animals,agricultural resources,aesthetic resources,archeological resources,transportation and growth and character of community and neighborhood. A comprehensive review must be conducted to determine(lie potential impacts of the proposed action. 1. The potential impacts to existing ground or surface water quality or quantity, noise levels flooding, leaching or site drainage. • The proposed action will allow high density residential use in an area which may not have adequate public water and community(public)sewer. 2. The potential impacts due to increase in traffic and trip generations assessed to: real traffic data analysis for the land use category,existing surrounding land uses, traffic volumes and routing patterns and limited ingress and egress points to primary and secondary roads. 3. The potential impact of the removal or: destruction of large quantities of vegetation and fauna; substantial interference with the movement of any resident and migratory fish or wildlife species; substantial adverse impacts on threatened or endangered species of animal or plan (if present), or the habitat of such species;or other significant adverse impacts to natural resources. • The proposed action may affect threalened and endangered species. • The proposed action may substantially affect non-threatened and non-endangered species. 4. The potential hazards to human health. 5. The potential impacts of a substantial change in the use, or intensity of use, of land including agricultural (including the permanent loss of Type I agricultural soils), open space or recreational resources, or its capacity to support existing uses. 6. The potential impacts to the impairment of the character or quality of important archeological, aesthetic resources or of existing community or neighborhood character. • The proposed action may impact a site of prehistoric or historic importance. • Construction will occur over a three year petiod. 7. The assessment of a no action alternative. 2 Heritage at Cutchogue 0 Final Scope for the Draft Environmental Impact Statement 4.0 Organization and Overall Content of the DEIS Document The DEIS must conform with the basic content requirements as contained in 6NYCRR Part 617.9 (b)(3). The outline of the DEIS will include the following sections: COVER SHEET TABLE OF CONTENTS SUMMARY 1.0 DESCRIPTION OF T11E PROPOSED ACTION 1.1 Project Background,Need, Objectives and Benefits 1.1.1 Background and History 1.1.2 Public Need and Municipality Objectives 1.1.3 Objectives of the Project Sponsor 1.1.4 Benefits of the Project 1.2 Location and Site Conditions 1.3 Project Design and Layout 1.3.1 Overall Site Layout 1.3.2 Grading and Drainage 1.3.3 Access,Road System and Parking 1.3.4 Sanitary Disposal and Water Supply 1.3.5 Site Landscaping and Lighting 1.3.6 Open Space 1.4 Construction and Operation 1.4.1 Construction 1.4.2 Operation 1.5 Permits and Approvals Required 2.0 NATURAL ENVIRONMENTAL RESOURCES 2.1 Soils 2.1.1 Existing Conditions 2.1.2 Anticipated Impacts 2.1.3 Proposed Mitigation 2.2 Water Resources 2.2.1 Existing Conditions 2.2.2 Anticipated Impacts 2.2.3 Proposed Mitigation 2.3 Vegetation and Wildlife 2.3.1 Existing Conditions 2.3.2 Anticipated Impacts 2.3.3 Proposed Mitigation 3.0 IiUMAN ENVIRONMENTAL RESOURCES 3.1 Transportation 3.1.1 Existing Conditions 3.1.2 Anticipated Impacts 3.1.3 Proposed Mitigation 3.2 Land Use,Zoning and Plans 3.2.1 Existing Conditions 3.2.2 Anticipated Impacts 3.2.3 Proposed Mitigation 3 Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement 3.3 Community Facilities and Services 3.3.1 Existing Conditions 3.3.2 Anticipated Impacts 3.3.3 Proposed Mitigation 3.4 Aesthetic Resources,Open Space/Community Character and Public health 3.4.1 Existing Conditions 3.4.2 Anticipated Impacts 3.4.3 Proposed Mitigation 3.5 Historic and Archaeological Resources 3.5.1 Existing Conditions 3.5.2 Anticipated Impacts 3.5.3 Proposed Mitigation 4.0 OTHER REQUIRED SECTIONS 4.1 Cumulative Impacts 4.2 Adverse Impacts That Cannot Be Avoided 4.3 Irreversible and Irretrievable Commitment of Resources 4.4 Growth-Inducing Aspects 5.0 ALTERNATIVES 5.1 No Action Alternative 5.2 Alternative Design 6.0 REFERENCES APPENDICES 5.0 Extent and Quality of Information Existine and Needed As required under SEQRA, the DEIS will include "a statentent and evaluation of" potential significant adverse impacts at a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence". Included in this evaluation mrill be reasonably related short-term and long-term impacts, with other required sections identified in the Section 6.0 of this scoping document. This section further describer the level of analysis and the type of analysis expected with respect to the ley environmental impacts of the project as outlined in the Positive Declaration. Each major section is followed by a description of the extent and quality of information needed to perform the evaluation of each of the impacted resources. Description of the Proposed Project Background and Hislory 1. There will be a brief description of the site and application history,including zoning. Public Need and Municipality Objectives 1. hiclude background of proposed project in tenns of Town goals for site. 2. Public nced for the project will be discussed. 3. Population served by the project will be identified. Objectives of-the Project Sponsor 1. The objectives of the project sponsor will be included and discussed. 4 Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement Benefrts of the Project 1. The DEIS will Include a discussion of the community benefits expected to accrue from the proposed project, Location and Site Conditions I. Using appropriate mapping and/or tables,describe location of site,zoning and service districts. 2. The existing conditions of the site in terns of site survey,structures,vegetative cover will be provided as an overall background of existing site conditions.- Project Design and Layout 1. Include a brief description of the site and project layout; describe basis for site yield, proposed structures,services,utilities,access points,road system,drainage,site quantities table. 2. Address breakdown of use areas from a structural standpoint. 3. The grading program and associated areas disturbed will be discussed along with volumes of soil excavated,cut/filled,removed from site and maximum depths of cut/fill. 4. Site drainage and proposed drainage system and provide capacity and function information will be provided along with a discussion of conformance to NYSDEC SPDES stormwater and erosion control regulations for construction and post-construction conditions. 5. The vehicle access points,internal roadway layout and traffic circulation will be identified. 6. The adequacy of on-site parking will be discussed; required parking as required by a breakdown of parking requirements sliall be provided. 7. Dumpster locations will be identified. 8. Proposed project lighting will be identified. 9. The DEIS will Include a description of water supply, irrigation well water supply and proposed wastewater handling and corresponding use of water supply and sanitary design flow. 10. Information on the type, amount and location of landscaping proposed will be provided as well as information on maintenance requirements such as irrigation and fertilization under operation and maintenance. Construction I. The construeflon and operation/maintenance of the site will be fully discussed. 2. Project phasing(if applicable). 3. Method of construedon,construction schedule/timetable. 4. Construction management, equipment storage/staging, delivery routes, hours of operation, workers' parking,protection of natural and sensitive areas. 5. Quantity of soil import/export,(nick routes,management and mitigation. Operation 1. In terms of operation, describe Elie management and protection of open space; describe Organization management and operation; describe road, landscape and open space maintenance practice, describe any special conditions which may apply. 2. Uses expected of various locations and facilities within the site; seasons of use, intensity of use, whether the site will be open to special events; 3. Projected number of employees required for the various uses for weekdays, weekends and seasonal peak periods; 4. Truck sizes expected for deliveries and delivery routing; 5. 'Truck unloading areas; 6. Seasons of operation of various components of the facility; 7. Snow removal will be described as related to parking surfaces and operation; 8. Entity responsible for site operations. Permits and 4pprovals Required 1. Identify all required pennils and reviews 2. Indica(e the filing date and status of submissions to the lead and involved agencies. S Herltage at Culchogue v Final Scolie for the Draft Environmental Impact Statement Natural Environmental Resources Soils 1. The existing soil lypes will be determined pursuant to the Suffolk County Soil Survey. 2. Impact to soils will be discussed in terns of soil constraints pursuant to the Suffolk County Soil Survey based on the type of land use proposed and the constraints for each soil type. 3. Impact of loss of agricultural soils will be disclosed and mitigation examined where feasible. 4. Testing of existing soil for contaminants. Methodology,results and remediation should be provided. Maier Resources 1. The groundwater management zone as classified under Article 6 of(lie Suffolk County Sanitary Code shall be referenced. 2. The depth to groundwater in key development locations of the site will be detennined by use of on- site soil borings. 3. The expected direction of groundwater flow based on hydrologic interpolation will be identified. 4. Existing groundwater quality analysis from onsite test wells. S. The water supply availability, service provider and capacity of systems will be established through communication with the water district. 6. The location of private and public wells will be determined, with specific reference to the SCWA Evergreen Pump Station. 7. The expected impact of the project with respect to water quality shall be fully examined in (erms of sanitary discharge compliance, wastewater system operation and regulatory requirements and expected impacts on adjacent property wells and surface waters. 8. Applicable Suffolk County Department of Health Services (SCDHS) regulations and requirements will be identified,and the compliance of the action with same will be evaluated. 9. Calculations of projected sanitary flow and consistency with the Suffolk County Sanitary Code will also be provided. 10. The change in hydrology of the site in terns of quantity of recharge under existing and future conditions shall be established using appropriate hydrologic analysis methods. It. The DEIS will provide calculations of projected water consumption for each use proposed and, in consultation with the Suffolk County Water Authority, will evaluate the ability to meet this projected water demand. 12. The creation of impermeable surfaces and placement of fill will be evaluated in terms of potential to change drainage patterns in the project area and impact on drainage related to stormwater. 13. Mitigation measures which may reduce potential water quality impacts shall be identified Vegetation and WIIdI fe 1. Existing upland habitats shall be inventoried through an inspection of the site by a qualified biologist/ecologist to determine the vegetation, wildlife, and general habitat character. An inventory of flora and fauna observed and expected will be provided in this section of the DEIS. 2. In addition,protected native plants,plant and animal species listed as endangered, threatened,special concern (or with other protective status) and significant habitat areas on or in the vicinity of the project site will be identified. The site inventory taken relative to protected native plants, plant and animal species listed as endangered, threatened, special concern(or with other protective status) and significant habitat areas should be conducted in the season they are likely to occur. 3. The NY Natural Heritage Program will be contacted for site file information concerning habitats,plan( and animal species. 4. Impact to habitats will be quantified and discussed qualitatively in terms ecological impact to plants and animals. 5. Cumulative aspects of loss of habitat will be identified. 6. Mitigation measures to reduce potential impacts will be identified and method of implementation determined. Huniati Resources. Transporlalion 1. Provide a thorough analysis of the traffic impacts of the proposed development on the area's roadway system. 6 Heritage at Cu(chogue FInAI Scope for the Draft Environmental impact Statement 2. Include analyses of the proposed plan and internal roadway system and a full traffic impact study assessing the proposed development's impact on the surrounding roadways. 3. Accident history data will be obtained as available from municipal agencies and will be evaluated in terms of the proposed project. 4. The Traffic Impact Study will include: collection of data regarding planned roadway improvements and other developments, field surveys and counts of existing traffic volumes, estimates of future traffic volumes, analyses of existing and future traffic volumes and identification and timing of required roadway improvements and the entity responsible for initiating (hose improvements. The methodology is described herein. 5. The methodology will consist of a detailed review of existing land-use,roadway and traffic conditions near the proposed site for the Existing Condition, the No Build Condition (future traffic conditions withoul the proposed developmeno, and (fie Build Condition (future traffic conditions with the proposed development). 6. The Existing Condition will be analyzed utilizing seasonally adjusted traffic volumes to represent the peak month of the year and field geometry collected at the following intersections: • Main Road(NYS Route 25)at Depot Lane • Main Road(NYS Route 25)a(Griffing Street • Middle Road(CR 48)at Depot Lane • Schoolhouse Road at Depot Lane • Main Road(NYS Route 25)at Crown Land Lane • Main Road(NYS Route 25)al Highland • Main Road (NYS Route 25)a(North Street 7. The No Build Condition traffic volumes will consist of the existing volumes adjusted by an annual growth factor to account for increases in population as well as proposed developments within the vicinity of the site. Other projects pending in the area will be identified by Town Planning staff and included in the evaluation as appropriate. 8. Traffic volumes generated by the proposed project will be determined using ITE trip generation and Long Island specific comparable senior citizen project data and then added to the No Build Condition to determine the traffic volumes for the future Build Condition with the proposed development. 9. The study intersections will then be analyzed using Highway Capacity Software(HCS+) by applying the existing field geometry, signal timings, and (he calculated traffic volumes to determine levels of service(LOS). Any substantial degradation in LOS between the No Build and Build intersections will be considered significant traffic impacts generated by the proposed development. 10. The study will take into account the 16 specifically identified Planning Board concerns listed below (including corresponding TIS page numbers), including: future hamlet development; intersections with F Level of Service; seasonal adjustment factors; existing and future intersection traffic volume calculations; congested conditions and accident frequency; significance/impacts of specific intersection LOS; annual growth factors; trip generation data and need for more local data; AM/PM peak hour consistency; traffic volume routing; traffic signal feasibility and need for appropriatelfeasible mitigation; potential impacts with and without the opening of Spur Road and access to downtown Cutchogue,Depot Lane(both north and south)and Griffing Street/Route 25; and access alternatives. 1) The study fails to consider addressing[lie possibility of development(housing)of the other Ilairilel Business zoned parcels in proximity to the parcel in question. (Page 4). 2) The study rails to qualify what level of impact or substantial degradation in Level Of Service (LOS)is if the LOS from an F to F at an intersection results_ (Page 4) 3) The study fails to qualify the seasonal adjustment fictnrc of 1.14°1 R 1 19%,,lure groups used and how they were they established by the NYSDOT. The study is unclear if the seasonal adjustment factors are qualified (o real traffic counts and land use representative of the locale. (Page 6) 4) The seasonal adjustment factors differ on a monthly basis,the study applied a 14%factor to the weekdays and a 19%factor to the weekend volumes;the selection of[lie factors by the NYSDOT is unexplained. It is unclear if the factors are representative of the locale.(Page 6) 5) The calculations could not be duplicated at the intersection of Griffing and State Route 25(using the traffic count data and the seasonal adjustment factor). Page 7. (Figure 3) 6) The analysis of Table 3 indicates(fiat"rear-end collisions may be an indication of congested conditions or driver inattention and slippery/wet road conditions." Although the statement is 7 Heritage at Cutchogue Final Scope for(lie Draft Environmental Impact Slalemen( made,no mitigation is proposed,which suggests that the congested conditions are acceptable at prc-build conditions and acceptable after-build conditions.The statement warrants further explanation. (Page 8) 7) The study indicates that currently the Main Road and Depot Lane intersection operates at a poor level of service(LOS F)during the PM and Saturday peak hours due to heavy traffic volumes on ]Main Road. It can be expected that following the build out of 139 units, the LOS would continue (o worsen. Appendix D.Capacity Analysis/Level of Service Workslieets&Summary Table indicates that the level of service decreases in the Build Analysis 2007, The LOS at the southbound left turn currently operates al an F,following the Build Analysis the level of service again operates at F. The decrease of tile,LOS is a result of the increased vehicle trips in the area resulting from the proposed site plan. The significance of change relative to impacts from a LOS F to F is unclear and should be further explained. (Page 14) 8) Currently Main Road and Griffing Street operates at as a LOS F and E in the PM and Saturday Peak Hours.Appendix A indicates that the southbound approach operates at a LOS of F under current conditions and following Build Conditions. Again,the significance of degradation at the intersection/impact is unclear and requires further evaluation\and or mitigation. (Page 15) 9) The annual growth factor obtained from NYSDOT is 1.8%. The Planning Board questions if the growth factor lakes into account land use and rate of development indicative of Eastern Long Island or the Town of Southold. (Page 16) 10) The Planning Board rejects the modeling of trip generation for the proposed action to Elderly Housing(detached)nationwide traffic modeling criteria used in the Institute of Transportation Engineers(ITE). Elderly housing(detached)is restricted to senior citizens and may contain special set-vices(medical facilities)on site. Additionally, in a December 11,2006 letter to the Planning Board,the response to Comment#1 indicates that Land Use:251 Senior Adult Housing- Detached statistical data was used. The two documents conflict. The action is proposed as an "Active Adult Community". The Planning Board is requesting that real data from a comparable use(Active 55 and older condominium community)located on Eastern Long Island be used to base the study trip generation modeling.(Page 20) 11) Is the AM peak hour used in the ITE Land Use Cole for Elderly Housing(Detached)the same time as the AM peak hour used in the actual traffic count performed by Nelson&Pope(the same applies to PM peak hour and Saturday peak hour)? Would using different hours result in inaccurate da(a? (Page 20) 12) The 2007 Site Generated Weekday AM Traffic Volurnes indicate that 6 vehicles will exit to Griffing Road and the State Road 25 intersection,3 vehicles would exit Spur Road and 9 vehicles would exit the site via Schoolhouse Road and continue to the County Road 48 and the Depot Lane, intersection. The vehicle trips seem low and routing unrealistic. The Planning Board questions the analysis and requests that real data be obtained and used(where possible)to model the vehicle trips and routing. (Page 22) 13) The study proposes mitigation(traffic control at Depot Road and Main Road). Mitigation of expected traffic impacts validates that the action may result in a potentially significant or large impact and needs to be further addressed. As confirmed with the NYSDOT the proposed above traffic control is not an option to mitigate traffic impacts. Alternative mitigation of traffic impacts must be evaluated and proposed. (Page 31) 14) It is the Planning Board's position that the study fails to analyze the impact of the vehicle(rips from Higliland/Crown Land and Schoolhouse using Spur Road(if it is opened)as a means to access downtown Cutchogue and/or pass through to Depot Lane/C.R.48 and NYS 25. 15) The traffic impacts if Spur Road is opened/not opened have not been adequately addressed relative to the NYS Route 25 &Griffing Avenue intersection. 16) Other access alternatives should be considered. Such as,access directly from the proposed site to Depot Lane through the property to (lie east. 11. Mitigation will be proposed to address any significant degradation in the level of service. An explanation of the feasibility of mitigation 12. Analysis of pedestrian connectivity and movement from site to hamlet center and adjacent developments. 13. Impact to existing parking infrastructure relative to land use within the hamlet center. 14. Emergency/police response time as a result of expected increase in traffic. 15. If Spur Road is opened traffic analysis of Highland and Main Road (NYS Route 25)and Crown Land and Main Road(NYS Route 25). 8 Heritage at Cutchogue is Final Scope for the Draft Environmental Impact Statement Land Use, Zoning and Plans This section of the DEIS will describe existing land use and zoning on the subject site and in the surrounding area. 1. The existing land use character of the site and surrounding area within 500 feet will be described and mapped. 2. The zoning which applies to the site and the area within 500 feet will be described and mapped, and a description of zoning regulations for the project site and surrounding area zoning shall be provided. 3. Land use plans which pertain to the project site will be evaluated with emphasis on those plans adopted after 1994: • Southold Town Stewardship Task Force Report(1994) • Seaview Trails of the North Fork(1994) • Peconic Estuary Program(1995) • Economic Development Plan(1997) • Southold Township Planning Initiatives(1997) • Community Preservation Project Plan(1998) • County Route 48 Corridor,Land Use Study(1999) • Farm and Farmland Preservation Program(1983-2202) • Southold Farni and Farmland Protection Strategy(2000) • Water Supply Management&Water Protection Strategy(2000) • Scenic Southold Corridor Management Plan(2001) • Blue Ribbon Commission for Rural Southold(2002) • Southold Comprehensive Implementation Strategy and GEIS(2003) • Local Waterfront Revitalization Program(2005) • Southold Hamlet Study(2005) • Community Preservation Project Plan(2006 Update) • Long Island North Shore Heritage Area • Town Zoning Maps/Code and Comprehensive Plan • Town Affordable Housing Needs Assessment(2005) • North Fork Recreational Travel Needs Assessment(2002) 4. The compatibility of[lie development with the surrounding area will be assessed. 5. Once(lie above information is compiled, (lie DEIS will assess the impacts of the proposed action oil land use and zoning. The impact assessment will concentrate on evaluating the consistency of the proposed action with prevailing land use and zoning. The compatibility of the proposed action with area land use will be assessed. 6. The conformance of the project with land use plans will be evaluated and discussed. 7. Measures which may be used to mitigate potential land use,zoning or impacts with respect to land use plans will be provided. Community Facilities and Services 1. The existing community services and the ubility of these services to accommodate the proposed project will be described. The services include: • School District • Police; • Fire and Ambulance Services; • Electrical energy supply; • Water supply. 2. The impact analysis contained in Ilse DEIS will include consultations with service providers regarding existing demand for services and capacity such that the DEIS will objectively analyze the impact of the proposed action on community facilities and services. 3. The DEIS will include detailed projections of service demand with supporting documentation. 4. The existing tax revenue of the site shall be established. 9 Heritage at Cutchogue Final Scope for the draft Environmental Impact Statement 5. The emergency services (ambulance, police and tire) which serve the site will be identified and contacted for input with respect to continued ability to serve the site. 6. Changes associated with the proposed project will be evaluated in terns of emergency service access; a practical approach will be taken to ensure that safe and efficient emergency service vehicle access to the site can be provided to the site. 7. Hydrant installation/location and other development considerations which assist in addressing emergency services will be included. 8. Mitigation for emergency service access to ensure that equipment can ingress/egress the site will be included. Aesthetic Resources, Open Space/Community Character and Public Health 1. Existing site and community character will be identified and impacts to community character will be evaluated. 2. The project will result in a change in the aesthetic character of the site due to removal of existing vegetation. Impacts will be disclosed and mitigation identified where feasible. 3. The open space resources of the site and area will be identified. 4. The project will result in the loss of open space due to removal of existing vegetation. impacts will be disclosed and mitigation identified where feasible. S. The existing noise environment will be evaluated in terms of ambient noise, sensitive receptors and community character. 6. Construction activities in terms of construction schedule and duration, materials and storage/staging area, water and sewer systems connections,proper handling of construction waste,hours of operation and truck routes will be evaluated. 7. Describe the impacts related to construction noise, dust, erosion and sedimentation, area receptors, applicable nuisance regulations, applicable agency oversight and safeguards,phasing of the project, staging areas, parking areas, operation areas, duration, hours, and related mitigation treasures to reduce construction impacts. The potential noise and dust impacts of construction related to clearing, construction activities and traffic will be assessed. 8. Mitigation in terms of design,buffer planting and open space will be examined. Archaeological Resources I. The archeological resources of the site will be addressed through a Stage IA/IB Cultural Resources Assessment (CRA). The site is within an area of archaeological sensitivity and therefore a Stage IA/IB is required, unless significant ground disturbance is documented to the satisfaction of the OPRHP. Any mitigation which may be needed will be identified. 6.0 Oth.er Required Sections In addition to the key resources identified in the Positive Declaration, SEQRA identifies other required sections for a complete DEIS as included in 6NYCRR Part 617.9 (b)(3). Mitigation measures will be included with respect to each key impact area as noted in Section 5.0. Alternatives to be studied are identified in Section 7.0. The following Other Required Sections and evaluations will be provided in the DEIS. 1. Use and Conservation of Energy Resources (The project will increase energy use which could be significant. Mitigation to reduce the impacts of energy consumption could include building homes to Energy Star and Leadership in Energy and Environmental Design (LEED) standards and/or applying dark sky standards to lessen the impact of energy consumed. These aspects of the project will be examined). 2. Cumulative Impacts (Describe other pending projects in vicinity, determine potential for impacts due to implementation of proposed project in combination with others and discuss/analyze impacts). 10 Herlta a at Cutcho ue 16 s s Final Scope for(he Draft Environmental Impact Statement 3. Adverse Impacts That Cannot Be Avoided (Provide brief listing of those adverse environmental impacts described/discussed previously which are anticipated to occur, which cannot be completely mitigated). 4. Irreversible and Irretrievable Commitment of Resources (Provide brief discussion of those natural and human resources which will be committed to and/or consumed by the proposed project). 5. Growth-Inducing Aspects (Provide brief discussion of those aspects of the proposed project which will or may trigger or contribute to future growth in the area). 7.0 Alternatives to be Studied SEQRA requires a description and evaluation of the range of reasonable alternatives to the action that are feasible, considering the objectives and capabilities of the project sponsor. As noted in SEQRA, "The description and evaluation of each alternative will be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed". The following alternatives and methods of evaluation are anticipated: 1. No Action Alternative(Alternative whereby the site remains in its current condition). 2. Alternative design, including but not limited to clustering of detached and attached units to create meaningful open space and maximize vegetative buffers along the perimeter of the property. 3. Reduce existing number of units. 4. Partial or full preservation of the property. 5. Alternative design for wastewater treatment. tt Copies of the Heritage at Cutchogue Draft Environmental Impact Statement are available for viewing at: Floyd Memorial Library, 539 1st Street, Greenport Cutchogue/New Suffolk Free Library, 27550 NYS Route 25, Cutchogue Mattituck/Laurel Library, 13900 NYS Route 25, Cutchogue Planning Board Office at the Town Annex, Capital One Bank, 2"d Floor, 54375 NYS Route 25, Southold and On the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Weblink located on bottom left of home page; 3. Click on Planning Dept. folder; 4. Click on Applications; 5. Click on Site Plans; 6. Click on Pending; 7. Click on the SCTM# (tax map#) of the application, 1000-102.-1-33.3, 2015 Heritage at Cutchogue, DEIS. Southold Town Planninq Board Notice to Ad'acent Pro ert Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Residential Site Plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-102-1-33.3; 3. That the property which is the subject of this application is located in the Hamlet Density Zoning District; 4. That the application is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel. The property is located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Site Plans", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Carol.Kalin(a-)_town.southold.ny.us; 6. That a Combined Public Hearing regarding the Site Plan and the Draft Environmental Impact Statement will be held on the matter by the Planning Board on Monday, January 11 2016 at 4:34 p.m. in the Meetin Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: The Heritage at Cutchogue, LLC Date: 12/8/15 b Notice to Adjacent Property Owners The Heritage @ Cutchogue 75 Schoolhouse Road Cutchogue, NY SCTM#1000-102.-1-33.3 1. 102.-1-23.1 2. 102.-1-9.2 3. 102.-1-5.2 4. 102.-1-4.6 5. 102.-1-4.7 6. 102.-1-4.8 7. 102.-1-4.9 8. 102.-1-3.4 9. 102:1-18.1 10. 102.4-33.4 11. 102.1-20 12. 102:8-22 13. 102:8-23 14. 102:8-24 15. 102:8-25 16. 102:8-26 17. 102.-8-27 18. 102.-8-28 19. 102:8-29 20. 102.-8-30 plama-M -� � ._.... ...... -_...m ..._. 0+1 0 Nl ,y SEE SEC NO.D99 17u01s�G11 Fn)2Ya ltk) ' "" +G'M '� sm Y44A60 to m w V 0f kAN PI V t It iIY f1T 9 121OA "qv, z TOWN OF SOUTHOLD O (OPEN SPACE) Rmmp�0�i✓1 ��. �. j—IT-11L >d1? oP r 4 d11 CY UAd o f+ r'",y,W 1�, 0.m 17'0Ab i m rao' �`'w„ '/•. 1'M3 d9 00 $A91- w Z 12•AS�CYl9 7 ay si�� `'l ^^µ. CFI m7 p,. " �F 08-2&08 o 1111-16-11 U I m I FOR PCL NO. " I m w SEE SEC.NO. n 101-02-021.3 I p C I � 'Ilk 10 ti u "N 'fit^». // 11 m / 4 lB " Rgf ^3 W lb " � q a rn s �Y S c� ��- AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS,BY. 12:00 noon, Fri., 1/8/16 Re: Proposed Residential Site Plan & Draft Environmental Impact Statement for The Heritage at Cutchoque, LLC SCTM#s: 1000-102.-1-33.3 Date of Combined Public Hearing: Monday, January 11 2016 4:34 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested,posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 2. , -, "0 Cl) 0 c rn � 0 ; ' = a 000D sZ.csz cD = O D zy � � y O v rt p N 0 v (D= w O O y a N n g > 9 2 =O D + O =< (m r.- (,*I (=D'-p T m o FP � � rn Cl) (:oM ITS r L CD � 0 1 � ID corn r y rn � M �N cD � y � rL r W y � ID o � o rt. O z ■ 0 (n = c y � � O y -,' -h m< n j^ j = v ID C.0 CL CD rn �v � yFFP' mn `■ � y c c. rn 0- F0 ) 0 a <� rn � 3COD � 3 CD CL G 9 fl. M a CL � Q � ��. > Z 1+ --1 y ■ ■ � CLIVO y s CD Cn y rn V CDy n n o O. <D (O ' 3, _. o O � � �D r cD N O (D + -p � N T AD y y y Iv ■ m -Ph b Michaelis, Jessical From: Cummings Brian A. Sent: Thursday, December 10, 2015 12:35 PM To: Michaelis, Jessica Subject: FW: Revised Site Plan for"The Heritage at Cutchogue" @Bh"414'1cy Board From: Bredemeyer, John Sent: Thursday, December 10, 2015 6:58 AM To: Cummings, Brian A. Cc: Cantrell, Elizabeth; DiSalvo, Diane Subject: Revised Site Plan for "The Heritage at Cutchogue" Good Morning Brian, In reviewing the materials for "The Heritage at Cutchogue" that you provided this office and checking an aerial map, it is apparent that there are no jurisdictional wetlands under Chapter 275 of the Town Code involved with this project. Accordingly, the Trustees will not comment on this application. Thank you for the opportunity to provide input on projects within the Town. Very Truly Yours, John Bredemeyer President, Southold Trustees OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �� w ( P.O. Box 1179 54375 State Route 25 tit Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 i I www.southoldtownny.gov UN PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 30, 2015 Mr. Matthew Martin, Cutchogue Fire District 260 New Suffolk Road Cutchogue, NY 11935 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Martin: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a t1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. In 2007 the Southold Planning Board issued a Positive Declaration under the New York State Environmental Quality Review Act for the action known as the Heritage of Cutchogue. The Southold Planning Board as Lead Agency developed a Scope (attached) for the action and proceeded to process the application until a lawsuit was filed against the Town in 2008. A Stipulation of Settlement has since been reached and the applicant and the Town are now proceeding pursuant to the terms and conditions of the Stipulation of Settlement. The Southold Planning Board, as Lead Agency, is in the process of working with the applicant to develop a complete Draft Environmental Impact Statement (DEIS). As soon as it is found complete, the DEIS will be forwarded to all involved agencies and interested parties, and the public hearing/commenting process will begin. Please contact me at (631)765-1938 if you have any questions. Sin rely, Donald Wilcenski, Planning Board Chairman OFFICE LOCATION: �r '' MAILING ADDRESS: Town Hall Annex �;, „ � � � " G, P.O. Box 1179 54375 State Route 25 y term � Southold, NY 11971 1 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY w www.southoldtownny.gov -All �r PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 30, 2015 Ms. Sherri Aicher NYS Department of Environmental Conservation Building 40 — SUNY Room 219 Stony Brook, NY 11790 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Ms. Aicher: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a t1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. In 2007 the Southold Planning Board issued a Positive Declaration under the New York State Environmental Quality Review Act for the action known as the Heritage of Cutchogue. The Southold Planning Board as Lead Agency developed a Scope (attached) for the action and proceeded to process the application until a lawsuit was filed against the Town in 2008. A Stipulation of Settlement has since been reached and the applicant and the Town are now proceeding pursuant to the terms and conditions of the Stipulation of Settlement. The Southold Planning Board, as Lead Agency, is in the process of working with the applicant to develop a complete Draft Environmental Impact Statement (DEIS). As soon as it is found complete, the DEIS will be forwarded to all involved agencies and interested parties, and the public hearing/commenting process will begin. Please contact me at (631)765-1938 if you have any questions. Sincerely, VP OaAQ Donald Wilcenski, Planning Board Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �� P.O. Box 1179 54375 State Route 25 �Gm �° r 4 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY s� www.southoldtownny.gov a l , PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 30, 2015 Mr. Mark Wolfgang NYS Department of Transportation 250 Veterans Memorial Highway Hauppauge, NY 11788 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wolfgang: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. In 2007 the Southold Planning Board issued a Positive Declaration under the New York State Environmental Quality Review Act for the action known as the Heritage of Cutchogue. The Southold Planning Board as Lead Agency developed a Scope (attached) for the action and proceeded to process the application until a lawsuit was filed against the Town in 2008. A Stipulation of Settlement has since been reached and the applicant and the Town are now proceeding pursuant to the terms and conditions of the Stipulation of Settlement. The Southold Planning Board, as Lead Agency, is in the process of working with the applicant to develop a complete Draft Environmental Impact Statement (DEIS). As soon as it is found complete, the DEIS will be forwarded to all involved agencies and interested parties, and the public hearing/commenting process will begin. Please contact me at (631)765-1938 if you have any questions. Sincerely, Donald Wilcenski, Planning Board Chairman OFFICE LOCATION: �� r MAILING ADDRESS: Town Hall Annex ��a �� a� P.O. Box 1179 54375 State Route 25y� 1 , Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY �� ; Telephone: 631 765-1938 Y� www.southoldtownny.gov Vu 1 PLANNING BOARD OFFICE November 30, 2015 TOWN OF SOUTHOLD Mr. Christopher Lubich Suffolk County Department of Health Services Office of Ecology 360 Yaphank Road — Suite 2B Yaphank, NY 11980 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Lubich: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a t1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. In 2007 the Southold Planning Board issued a Positive Declaration under the New York State Environmental Quality Review Act for the action known as the Heritage of Cutchogue. The Southold Planning Board as Lead Agency developed a Scope (attached) for the action and proceeded to process the application until a lawsuit was filed against the Town in 2008. A Stipulation of Settlement has since been reached and the applicant and the Town are now proceeding pursuant to the terms and conditions of the Stipulation of Settlement. The Southold Planning Board, as Lead Agency, is in the process of working with the applicant to develop a complete Draft Environmental Impact Statement (DEIS). As soon as it is found complete, the DEIS will be forwarded to all involved agencies and interested parties, and the public hearing/commenting process will begin. Please contact me at (631)765-1938 if you have any questions. Sincerely, Donald Wilcenski, Planning Board Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ISouthold, NY 11971 (cor. Main Rd. &Youngs Ave.) ��l �; Telephone: 631 766-1938 Southold, NY �� wwwsoutholdtownny.gov PLANNING BOARD OFFICE November 30, 2015 TOWN OF SOUTHOLD Mr. Andrew Freleng Suffolk County Planning Commission P.O. Box 6100, 100 Veterans Memorial Highway H. Lee Dennison Building —4t" Floor Hauppauge, NY 11788-0099 Re Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Freleng: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. In 2007 the Southold Planning Board issued a Positive Declaration under the New York State Environmental Quality Review Act for the action known as the Heritage of Cutchogue. The Southold Planning Board as Lead Agency developed a Scope (attached) for the action and proceeded to process the application until a lawsuit was filed against the Town in 2008. A Stipulation of Settlement has since been reached and the applicant and the Town are now proceeding pursuant to the terms and conditions of the Stipulation of Settlement. The Southold Planning Board, as Lead Agency, is in the process of working with the applicant to develop a complete Draft Environmental Impact Statement (DEIS). As soon as it is found complete, the DEIS will be forwarded to all involved agencies and interested parties, and the public hearing/commenting process will begin. Please contact me at (631)765-1938 if you have any questions. Sincerely, R Donald Wilcenski, fanning Board Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �� P.O. Box 1179 54375 State Route 25w Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 � Fx� www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 30, 2015 Ms. Kimberly Kennedy Suffolk County Water Authority 4060 Sunrise Highway Oakdale, NY 11769 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Ms. Kennedy: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a t1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. In 2007 the Southold Planning Board issued a Positive Declaration under the New York State Environmental Quality Review Act for the action known as the Heritage of Cutchogue. The Southold Planning Board as Lead Agency developed a Scope (attached) for the action and proceeded to process the application until a lawsuit was filed against the Town in 2008. A Stipulation of Settlement has since been reached and the applicant and the Town are now proceeding pursuant to the terms and conditions of the Stipulation of Settlement. The Southold Planning Board, as Lead Agency, is in the process of working with the applicant to develop a complete Draft Environmental Impact Statement (DEIS). As soon as it is found complete, the DEIS will be forwarded to all involved agencies and interested parties, and the public hearing/commenting process will begin. Please contact me at (631)765-1938 if you have any questions. Sincerely, 91 Donald Wilcenski, Planning Board Chairman OFFICE LOCATION: w MAILING ADDRESS: Town Hall Annex ��'� � � � P.O. Box 1179 54375 State Route 25 �1 `�',, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) �- Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk From: Donald Wilcenski, Planning Board Chairman Oal Date: November 30, 2015 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a t1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. In 2007 the Southold Planning Board issued a Positive Declaration under the New York State Environmental Quality Review Act for the action known as the Heritage of Cutchogue. The Southold Planning Board as Lead Agency developed a Scope (attached) for the action and proceeded to process the application until a lawsuit was filed against the Town in 2008. A Stipulation of Settlement has since been reached and Southold Town Planning Department Page 2 November 30, 2015 the applicant and the Town are now proceeding pursuant to the terms and conditions of the Stipulation of Settlement. The Southold Planning Board, as Lead Agency, is in the process of working with the applicant to develop a complete Draft Environmental Impact Statement (DEIS). As soon as it is found complete, the DEIS will be forwarded to all involved agencies and interested parties, and the public hearing/commenting process will begin. Thank you.. cc, William Duffy, Town Attorney Michael J. Verity, Chief Building Inspector Peter Doherty, Code Enforcement Officer Robert Fisher, Fire Marshall James Richter, Engineering Inspector Mark Terry, LWRP Coordinator John Bredemeyer, President, Town of Southold Board of Trustees Elizabeth Thompson, Chairperson, Architectural Review Committee Transportation Commission Members FINAL Scon, FOR DRAFT ENVrRONMENTAL IMPACTSTATE MENT "THE MRITAGE, AT CUTCHOGUE" SCTM No, 1000-102-1-333 Residential Site Plan Approval in Hamlet Business District Zolle Griffing Street/Schoolhouse Lane,Harslet of Cutchogue Town of Southold, Suffolk County,New York Prepared by, Nelson&Pope,PLLC 572 Walt Whitman Road Melville,New York 11747 (631)427-5665 Contact: Gary Becker,P.E. Amended by: Town of Southold Planning Board P.O.Box 1179 54375 State Road 25 Southold,New York 1971 (631)765-1938 Date: September 10,2007 1® Lntroduction and Location This document is the Final Scope of the issues and analyses to be included in the Draft Environmental Impact Statement (DEIS) for the proposed Heritage at Cutchogue project, The proposed project is to be located on a 46.16-acre parcel located at the northwest Comer of Griffing Street and Sellool ll(jti! approximately 1,079 feet north of Main Road, Cutchogue. The Parcel is in ore, specifieidly identified as SCTM No. 1000-102-1-33.3, located in the 11"inilet of New York, The site is zoned Hamlet Density(HD) aerating;district. The arinlysis of the Heritage 11 ("11114,'11090t,, proiect in a DEIS has been requil-ed by the. Town (if' Southold Planning Board, Is 1,(,ad f6r administration of the site plan rev , n( as iow and required by the New York State Quality Review Act (Sh,QRA). '.I'bc requiteillent for a DEIS is contained in a Positive Declaration issued by the Planning, Flo and oil Judy 16, 2007, 'Subsequently tile agent, ChclfleS Cuddy, submitted a Draft Scope rat lire; Planning Board lv()rk Se,"SiDu on July 30, 2007, Y'LlfSti'allt to SPQR, the Planning Board conducted Scoping and allowed for public participati(jil tJl1•()t1g'b t, public inecting oil August 20, 2007 and allowed fora written coninwilt p(:,ri0d tullil Septorriber."l, 2007, Comments from both the Scoping meeting and W11(te:11 G01-1111101t puriod were rvviewed by 1he Planning Bogard and incorporated into the 1'Illall Scope. The information prepared in conforniance with this scope and the SEQRA process is intended to provide comprehensive input in the decision-making process for use by involved agencies in preparing their own findings and issuing decisions on their respective permits. The doculneut rnLJ9t be concise but thorough, well documented, accurate and consistent. Figures and tables will be presented in Support of the discussions and analyses contained in the document. Technical information will be summarized in the body of the DEIS and attached in their entirety ill an appeiidix. Heritage nt Cutchogue. Final Scope for(fie Draft Environmental limpact Statement 2.0 RBEriigefill)etslEcLripDtgioana oft q�_9Lthe Ir2go ed Pr �et -Ero s� The proposed project involves the residential site plan approval for development of a Planned (55+ years of age) Active Adult Community consisting of 139 detached and attached residential dwellings of approximately 2,000 square feet (SF) each; an 8,840 SF clubhouse; 1,160 SF swimming pool; two 3,200 SF tennis courts; a 2,400 SF maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are associated with the individual dwelling units and 44 are associated with the clubhouse and recreational facility,, 197,043 SF of man-made ponds to serve as natural drainage basins/irrigation systems; 1,162,022 SF (27.676 acres) of landscaping; and various other site improvernents including road pavement, patio and sidewalk improvements. 3.0 The description of the potential adverse impacts of the proposed project has been obtained from the Planning Board's Positive Declaration of July 16, 2007. Additional insight into potential impacts is provided in the Part 3 EAF which was attached to the Positive Declaration. These issues are reflected in this Draft Scope. The Positive Declaration identified the following reasons for the Determination of Significance: This proposed action may cause a potential significant adverse impact on water, impact on plants and animals,agricultural resources,aesthetic resources,archeological resources, transportation and growth and character of community and neighborhood. A comprehensive review must be conducted to determine the potential impacts of the proposed action. 1. The potential impacts to existing ground or surface water quality or quantity, noise levels flooding, leaching or site drainage. • The proposed action will allow high density residential use in an area which may not have adequate public water and community(public)sewer. 2. The potential impacts due to increase in traffic and trip generations assessed to: real traffic data analysis for the land use category, existing surrounding land uses, traffic volumes and routing patterns and limited ingress and egress points to primary and secondary roads. 3. The potential impact of the removal or destruction of large quantities of vegetation and fauna; substantial interference with the movement of any resident and migratory fish or wildlife species; substantial adverse impacts on threatened or endangered species of animal or plan (if present), or the habitat of such species; or other significant adverse impacts to natural resources, • The proposed action may affect threatened and endangered species. • The proposed action may substantially affect non-threatened and non-endangered species. 4. The potential hazards to human licallh. 5. The potential impacts of a substantial change in the use, or intensity of use, of land including agricultural (including the permanent loss of Type I agricultural soils), open space or recreational resources, or its capacity to support existing uses. 6. The potential impacts to the inipainnent of the character or quality of important archeological, aesthetic resources or of existing community or neighborhood character. • The proposed action may impact a site of prehistoric or historic importance. ® Construction will occur over a three year period, 7. The assessment of a no action alternative. Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement 4.0 nient The DEIS must conform with the basic content requirements as contained in 6NYCRR Part 617.9 (b)(3). The outline of the DEIS will include the following sections: COVER SHEET TABLE OF CON'T ENTS SUMMARY 1.0 DESCRIPT[ON OF THE PROPOSED ACTION 1.1 Project Background,Need,Objectives and Benefits 1.1.1 Background and History 1.1.2 Public Need and Municipality Objectives 1.13 Objectives of the Project Sponsor 1.1.4 Berieffis of the Project 1.2 Location and Site Conditions 1.3 Project Design and Layout 1.3.1 Overall Site Layout 1.3.2 Grading and Drainage 13.3 Access,Road System and Parking 1.3.4 Sanitary Disposal and Water Supply 1.3.5 Site Landscaping and Lighting 1.16 Open Space 1.4 Construction and Operation 1.4.1 Construction 1.4.2 Operation 1'5 Permits and Approvals Required 2.0 NATURAL ENVIRONMENTAL RESOURCES 2,1 Soils 2.1,1 Existing Conditions 2.1.2 Anticipated Impacts 2.1.3 Proposed Mitigation 2.2 Water Resources 2.2.1 Existing Conditions 2.2.2 Anticipated Impacts 2.2.3 Proposed Mitigation 2.3 Vegetation and Wildlife 23.1 Existing Conditions 2.3.2 Anticipated Impacts 2.33 Proposed Mitigation 10 HUMAN ENVIRONMENTAL RESOURCES 3,1 Transportation 3.1.1 Existing Conditions 3.1.2 Anticipated Impacts 3.1.3 Proposed Mitigation 3.2 Land Use,Zoningand Plans 121 Existing Conditions 3.2,2 Anticipated Impacts 3.2.3 Proposed Mitigation Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement 3.3 Community Facilities and Services 3.3.1 Existing Conditions 3.3.2 Anticipated bripacts 3.3.3 Proposed Mitigation 3.4 Aesthetic Resources,Open Space/Community Character and Public Health 3.4.1 Existing Conditions 3.4.2 Anticipated Impacts 3.4.3 Proposed Mitigation 3.5 Historic and Archaeological Resources .3.5.1 Existing Conditions 3,5.2 Anticipated Impacts 3.5.3 Proposed Mitigation U OTHER REQ U IRED SECTIONS 4.1 Cumulative Impacts 4.2 Adverse Impacts That Cannot Be Avoided 4.3 Irreversible and Irretrievable Commitment of Resources 4.4 Growth-Inducing Aspects 5.0 ALTERNATIVES 5.1 No Action Alternative 5.2 Alternative Design 6.0 REr-ERENCES APPENDICES 5.0 Extent and Quality of Information Ex g_jstin and Needed W As required under SEQRA, the DEIS will include "a statement and evaluation of potential significant adverse impacts at a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence". Included in this evaluation will be reasonably related short-term and long-term impacts, with other required sections identified in the Section 6.0 of this scoping document. This section further describes the level of analysis and the type of analysis expected with respect to the key environmental impacts of the project as outlined in the Positive Declaration. Each major section is followed by a description of the extent and quality of information needed to perform the evaluation of each of the impacted resources. Description of the Proposed Project Background and Hislot}, 1. There will be a brief description of the site and application history,including zoning. Public Need and Municipality Objectives 1. Include background of proposed project in tenns of"Fown goals for site. 2. Public need for the project will be discussed. 3. Populalion served by the project will be identified. Objectives q1the Project Sponsor 1. The objectives of the project sponsor will be included and discussed. 4 Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement Benefits of the Project 1. The DEIS will Include a discussion of the community benefits expected to accrue from the proposed project, Location and Site Conditions I. Using appropriate mapping and/or tables,describe location of site,zoning and service districts, 2. The existing conditions of the site in terms of site survey,structures,vegetative cover will be provided as an overall background of existing site conditions. Project Design and Layour 1. include a brief description of the site and project layout; describe basis for site yield, proposed strictures,services,utilities,access points,road system,drainage,site quantities table. 2. Address breakdown of use areas from a structural standpoint. 3. The grading program and associated areas disturbed will be discussed along with volumes of soil excavated,cut/filled,removed from site and maximum depths of cut/fill. 4. Site drainage and proposed drainage system and provide capacity and function information will be provided along with a discussion of conformance to NYSDEC SPDES stormwater and erosion control regulations for construction and post-construction conditions. 5. The vehicle access points, internal roadway layout and traffic circulation will be identified. 6. The adequacy of on-site parking will be discussed; required parking as required by a breakdown of parking requirements shall be provided. T Dumpster locations will be identified. 8. Proposed project lighting will be identified. 9� The DEIS will Include a description of water supply, irrigation well water supply and proposed wastewater handling and corresponding use of water supply and sanitary design flow. 10. Information on the type, amount and location of landscaping proposed will be provided as well as information on maintenance requirements such as irrigation and fertilization under operation and maintenance. Construction I, The construction and operation/maintenance of the site will be fully discussed. 2. Project phasing(if applicable). 3. Method of construction,construction schedule/timetable, 4. Construction management, equipment storage/staging, delivery routes, hours of operation, workers' parking,protection of natural and sensitive areas. 5. Quantity of soil import/export, truck routes,management and mitigation. Operation 1. In terms of operation, describe the management and protection of open space; describe Organization management and operation; describe road, landscape and open space maintenance practice, describe any special conditions which may apply, 2. Uses expected of various locations and facilities within the site; seasons of use, intensity of use, whether the site will be open to special events; 3. Projected number of employees required for the various uses for weekdays, weekends and seasonal peak periods; 4. Truck sizes expected for deliveries and delivery routing; 5. 'truck unloading areas; 6. Seasons of operation of various components or the facility; 7. Snow removal will be described as related to parking surfaces and operation; 8. Entity responsible for site operations. Permits and Approvals Requires! 1. Identify all required permits and reviews 2. Indicate the filing date and status of submissions to the lead and involved agencies. Heritage at Culchogue Final Scope for the Draft Environmental Impact Stqteineeil Natural Environmental Resources Soils 1. The existing soil types will be determined pursuant to the Suffolk County Soil Survey. 2. Impact to soils will be discussed in terms of soil constraints pursuant to the Suffolk County Soil Survey based on the type of land use proposed and the constraints for each soil type. 3. Impact of loss of agricultural soils will be disclosed and mitigation examined where feasible. 4. Testing of existing soil for contaminants. Methodology,results and reiriediation should be provided, Water Resources I. The groundwater management zone as classified under Article 6 of(lie Suffolk County Sanitary Code shall be referenced. 2. The depth to groundwater in key development locations of the site will be determined by use of on- site soil borings. 3. The expected direction of groundwater flow based on hydrologic interpolation will be identified. 4. Existing groundwater quality analysis from onsite test wells. 5. The water supply availability, service provider and capacity of systems will be established through communication with the water district. 6. The location of private and public wells will be determined, with specific reference to the SCWA Evergreen Pump Station. 7. The expected impact of the project with respect to water quality sliaJI be frilly examined in terms of sanitary discharge, compliance, wastewater system operation and regulatory requirements and expected impacts on adjacent property wells and surface waters. S. Applicable Suffolk County Department of Health Services (SODS) regulations and requirements will be identified,and the compliance of the action with same will be evaluated. 9. Calculations of projected sanitary flow and consistency with the Suffolk County Sanitary Code will also be provided, 10. The change in hydrology of the site in terms of quantity of recharge under existing and future conditions shall be established using appropriate hydrologic analysis methods, 11. The DEIS will provide calculations of projected water consumption for each use proposed and, in consul(ation with the Suffolk County Water Authority, will evaluate the ability to meet this projected water demand, 12. The creation of impermeable surfaces and placement of fill will be evaluated in terms of potential to change drainage patterns in the project area and impact on drainage related to starmwater, 13. Mitigation measures which may reduce potential water quality impacts shall be identified Vegetation and Wildlife 1. Existing upland habitats shall be inventoried through an inspection of the site by a qualified biologist/ecologist to determine (be vegetation, wildlife, and general habitat character. An inventory of flora and fauna observed and expected will be provided in this section of the DEIS. 2. In addition, protected native plants, plant and animal species listed as endangered, threatened, special concern (or with other protective status) and significant habitat areas on or in the vicinity of the project site will be identified. The,site inventory taken relative to protected native plants, plant and animal species listed as endangered, threatened, special concerti (or with other protective status) and significant habitat areas should be conducted in the season they are likely to occur. 3. The NY NaWral Heritage Program will be contacted for site file information concerning habitats,plan[ and animal species. 4. Impact to habitats will be quantified and discussed qualitatively in terms ecological Impact to plants and animals, 5. Cumulative aspects of loss of habitat will be identified, 6. Mitigation measures to reduce potential impacts will be identified and method of implementation determined. .Huma.n-Resources Transportation I. Provide a thorough analysis of the traffic impacts of the proposed development on the area's roadway system, 6 Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement 2, Include analyses of the proposed plan and internal roadway system and a full traffic impact study assessing the proposed development's impact on the surrounding roadways. 3. Accident history data will be obtained as available from municipal agencies and will be evaluated in terms of the proposed project. 4. The Traffic Impact Study will include: collection of data regarding planned roadway improvements and other developments, field surveys and counts of existing traffic volumes, estimates of future traffic volumes, analyses of existing and future traffic volumes and identification and timing of required roadway improvements and the entity responsible for initiating those improvements. The methodology is described herein, 5. The methodology will consist of a detailed review of existing land-use,roadway and traffic conditions near [tie proposed site for the Existing Condition, the No Build Condition (future traffic conditions without the proposed development), and the Build Condition (future traffic conditions with the proposed development). 6. The Existing Condition will be analyzed utilizing seasonally adjusted traffic volumes to represent the peak month of the year and field geometry collected at the following intersections: • Main Road(NYS Route 25)at Depot Lane • Main Road(NYS Route 25)at Griffing Street • Middle Road(CR 48)at Depot Lane • Schoolhouse Road at Depot Lane • Main Road(NYS Route 25)at Crown Land Lane • Main Road(NYS Route 25)at Highland • Main Road (NYS Route 25)at North Street 7. The No Build Condition traffic volumes will consist of the existing volumes adjusted by an annual growth factor to account for increases in population as well as proposed developments within the vicinity of the site. Other projects jects pending in the area will be identified by Town Planning staff and included in the evaluation as appropriate. 8. Traffic volumes generated by the proposed project will be determined using ITE trip generation and Long Island specific comparable senior citizen project data and [lien added to the No Build Condition to deten-nifle the traffic volumes for the future Build Condition with the proposed development. 9. The study intersections will then be analyzed using Highway Capacity Software(HCS+) by applying the existing field geometry, signal timings, and the calculated traffic volumes to detemine levels of service(LOS). Any substantial degradation its LOS between the No Build and Build intersections will be considered significant traffic impacts generated by the proposed development. 10. The study will take into account the 16 specifically identified Planning Board concerns listed below (including corresponding TIS page numbers), including: future hamlet development; intersections with F Level of Service; seasonal adjustment factors; existing and future,intersection traffic volume calculations; congested conditions and accident frequency; significance./impacts of specific intersection LOS; annual growth factors; trip generation data and need for more local data; AM/PM peak hour consistency; traffic volume routing; traffic signal feasibility and need for appropriate/feasible mitigation; potential impacts with and without the opening of Spur Road and access to downtown Cutchogue, Depot Lane (both noilli and south) and Griffing StreeMoute 25; and access alternatives. 1) The study fails to consider addressing the possibility of development(housing)of the other flarnlet Business zoned parcels in proximity to the parcel in question. (Page 4), 2) The Study tails to qualify what level of impact or substantial degradation it) Level Of Service (LOS) is if the LOS from an F to F at an intersection results. (Page 4) 3.1 The study fails to qualify the seasonal actio-sinient factors of 1 14%& 1 19%,(lie groups used and how they were they established by[lie NYSDOT. The study is unclear if the seasonal adjustment factors are qualified to real traffic counts and land use representative of the locale. (Page 6) 11) The seasonal adjustment factors differ on a trionibly basis, the saudy applied a 14%factor to the weekdays and a 19%factor to the weekend volumes; the selection of the factors by the NYSDOT is unexplaiiied. It is unclear if the factors are representative of the locale. (Page 6) 5) The Calculations could not be duplicated at the intersection of Griffing and State Route 25(using the traffic count data and the seasonal ad'justment factor). Page 7. (Figure 3) 6) The analysis of Table 3 indicates that"rear-end collisions may be an indication ofeQ=cL.sted conditions or driver inattention and slippery/wet road conditions," Althouoh the statement is flerltage at Cutchogue Final Scope for the Draft Environmental Impact Stalement made,no mitigation is proposed,which suggests that the congested conditions are acceptable at pre-build conditions and acceptable after-build conditions.The statement warrants further explanation.(Page 8) 7) The study indicates that currently the Main Road and Depot Lane intersection operates at a poor level of service(LOS F)during the PM and Saturday peak hours due to heavy traffic volumes on Main Road. It can be expected that following the build out of 139 units, the LOS would continue to worsen. Appendix D.Capacity Analysis/Level ol'Scrvice Worksheets&Summary Table indicates that the level of service decreases in the Build Analysis 2007. The LOS at the southbound left turn currently operates at an F,following the Build Analysis the level of service again operates at F. The decrease of the LOS is a result of the increased vehicle trips in the area resulting from the proposed site plan The significance of change relative to impacts from a LOS F to F is unclear and should be further explained. (Page 14) 8) Currently Main Road and Griffing Street operates at as a LOS F and E in the PM and Saturday Peak Hours.Appendix A indicates that the southbound approach operates at a LOS of F under current conditions and following Build Conditions. Again,the significance of degradation at the intersection/impact is unclear and requires further evaluation\and or mitigation. (Page 15) 9) The annual growth factor obtained from NYSDOT is 1.8%. The Planning Board questions if the growth factor takes into account land use and rate of development indicative of Eastern Long Island or the Town of Southold. (Page 16) 10) The Planning Board rejects the modeling of trip generation for the proposed action to Elderly Housing(detached)nationwide traffic modeling criteria used in the Institute of Transportation Engineers(ITE). Elderly homing(detached)is restricted to senior citizens and may contain special services(medical facilities)on site. Additionally,in a December 11,2006 letter to the Planning Board,the response to Comment H I indicates that Land Use:251 Senior Adult Housing- Detached statistical data was used. The two documents conflict. The action is proposed as an "Active Adult Community". The Planning Board is requesting that real data from a comparable use(Active 55 and older condominium community)located on Eastern Long Island be used to base the study trip generation modeling.(Page 20) 11) Is the AM peak hour used in the,ITE Land Use Code for Elderly Housing(Detached)the same time as the AM peak hour used in the actual traffic count performed by Nelson&Pope(the same applies to PM peak hour and Saturday peak hour)'? Would using different hours result in inaccurate data'? (Page 20) 12) The 2007 Site Generated Weekday AM Traffic Volumes indicate that 6 vehicles will exit to Griffing Road and the Stato Road 25 intersection,3 vehicles would exit Spur Road and 9 vehicles would exit the site via Schoolhouse Road and continue to the County Road 48 and the Depot Lane intersection, The vehicle trips seem low and routing unrealistic. rho Planning Board questions the analysis and requests that real data be obtained and used(where possible)to model the vehicle trips and routing. (Page 22) 13) The study proposes mitigation(traffic control at Depot Road and Main Road). Mitigation of expected traffic impacts validates that the action may result in a potentially significant or large impact and needs to be faillier addressed. As confirmed with the NYSDOT the proposed above traffic control is not an option to mitigate traffic impacts. Alternative mitigation of traffic impacts must be evaluated and proposed. (Page 3 1) 14) 11 is the Planning Board's position that the study fails to analyze the impact of the vehicle(Tips from Higl-Aand/Crown Land and Schoolhouse-using Spur Road(if it is opened)as a means to access downtown Cutchague and/or pass through to Depot Lane/C.R.48 and NYS 25. 15) The traffic impacts if Spur Road is opened/not opened have not been adequately addressed relative to the NYS Route 25 &Griffing Avenue intersection, 16) Other access alternatives should be considered. Such as,access directly from the proposed site to Depot Lane through the property to the east, 11. Mitigation will be proposed to address any significant degradation in the level Of Service. An explanation of the feasibility of mitigation 12. Analysis of pedestrian connectivity and movement from site to hamlet center and adjacent developments. 13. impact to existing parking infrastructure relative to land use within the hamlet center. 14. Emergency/police response time as a result of expected increase in traffic. 15, If Spur Road is opened traffic analysis of Highland and lvlain Road(NYS Route 25) and Crown Land and Main Road(NYS Route 25). Heritage at Cutchogue Final Scope for the Draft Environmental Impact Statement Land Use, Zoning and Plans This section of the DEIS will describe existing land use and zoning on the subject site and in the surrounding area. I. The existing land use character of the site and surrounding area within 500 feet will be described and mapped, 2. The zoning which applies to the site and the area within 500 feet will bedescribed and mapped, and a description of zoning regulations for the project site and surrounding area zoning shall be provided. 3. Land use plans which pertain to the project site will be evaluated with emphasis on those,plans adopted after 1994: • Southold Town Stewardship'Task Force Report(1994) • Seaview Trails of the North Fork (1994) • Peconic Estuary Program(1995) • Economic Development Plan(1997) • Southold Township Planning Initiatives(1997) • Community Preservation Project Plan(1999) • County Route 48 Corridor,Land Use Study(1999) • Farm and Farmland Preservation Program(1983-2202) • Southold Farm and Farmland Protection Strategy(2000) • Water Supply Management&Water Protection Strategy(2000) • Scenic Southold Corridor Management Plan(2001) • Blue Ribbon Commission for Rural Southold(2002) • Southold Comprehensive Implementation Strategy and GEIS (2003) • Local Waterfront Revitalization Program(2005) • Southold Hamlet Study(2005) • Community Preservation Project Plan(2006 Update) • Long Island North Shore Heritage Area • Town Zoning Maps/Code and Comprehensive Plan • Town Affordable Housing Needs Assessment(2005) • North Fork Recreational Travel Needs Assessment(2002) 4, The compatibility of the development with the surrounding area will be assessed, 5. Once the above information is compiled, the DEIS will assess the impacts of the proposed action on land use and zoning. The impact assessment will concentrate on evaluating the consistency of the proposed action with prevailing land use and zoning. The compatibility of the proposed action willi area land use will be assessed. 6. The conformance of the project with land use plans will be evaluated and discussed. T Measures which may be used to mitigate potential land use,zoning or impacts with respect to land use plans will be provided. Community Facilities acid Services 1. The existing community services and the ubili(y of these services to accommodate the proposed project will be described. The services include: School District • Police; • Fire and Anibularice Services; • Electrical energy supply; • Water supply. 2. The impact analysis contained in the DEIS will include consultations with service providers regarding existing demand for services and capacity such that the DEIS will objectively analyze the impact of the proposed action on community facilities and services. 3. The DEIS will include detailed projections of service demand with supporting documentation, 4. The existing tax revenue of the site shall be established, Q Heritage at Cu(chogue Final Scope for the Draft Environmental linpact Sialemeni 5. The emergency services (ambulance, police and fire) which serve the site will be identified and contacted for input with respect to continued ability to serve the site, 6. Changes associated with the proposed project will be evaluated in terms of emergency service access-, a practical approach will be taken to ensure that safe and efficient emergency service vehicle access to the site can be provided to the site. 7. Hydrant installation/location and other development considerations which assist in addressing emergency services will be included. 8. Mitigation for emergency service access to ensure that equipment can ingress/egress the site will be included. Aesthetic Resources, Open.Space/Community Character and Public Health 1. Existing site and community character will be identified and impacts to community character will be evaluated. 2. The project will result in a change in the aesthetic character of the site due to removal of existing vegetation. Impacts will be disclosed and mitigation identified where feasible. 3. The open space resources of the site and area will be identified. 4. The project will result in the loss of open space due to removal of existing vegetation. Impacts will be disclosed and mitigation identified where feasible, 5, The existing noise environment will be evaluated in terms of ambient noise, sensitive receptors and community character. 6. Construction activities in terms of construction schedule and duration, materials and storage/staging area, water and sewer systems connections,proper handling of construction waste,hours of operation and truck routes will be evaluated. 7. Describe the impacts related to construction noise, dust, erosion and sedimentation, area receptors, applicable nuisance regulations, applicable agency oversight and safeguards, phasing of the project, staging areas, parking areas, operation areas, duration, hours, and related mitigation measures to reduce construction impacts. The potential noise and dust impacts of construction related to clearing, construction activities and traffic will be assessed. 8. Mitigation in terms of design,buffer planting and open space will be examined. Archaeological Resources 1. The archeological resources of the site will be addressed through a Stage IA/IB Cultural Resources Assessment (CRA). The site is within an area of archaeological sensitivity and therefore a Stage IA/IB is required, unless significant ground disturbance is documented to the satisfaction of the OPRHP. Any mitigation which may be needed will be identified. 6.0 Other Requi ed Sections In addition to the key resources identified in the Positive Declaration, SEQRA identifies other required sections for a complete DEIS as included in 6NYCRR Part 617.9 (b)(3). Mitigation measures will be included with respect to each key impact area as noted in Section 5.0. Alternatives to be studied are identified in Section 7.0. The following Other Required Sections and evaluations will be provided in the DEIS. I, Use and Conservation of Energy Resources (The project will increase energy use which could be significant. Mitigation to reduce the impacts of energy consumption could include building homes to Energy Star and Leadership in Energy and Environmental Design (LEED) standards and/or applying dark sky standards to lessen the impact of energy consumed. These aspects of the project will be examined). 2. Cumulative Impacts (Describe other pending projects in vicinity, determine potential for impacts due to implementation of proposed project in combination with others and discuss/analyze impacts). 10 "eringe at Cutchogue 16 Final Scope for the Drart Environmental Impact Statement 3. Adverse Impacts That Cannot Be Avoided (Provide brief listing of those adverse environmental impacts described/discussed previously which are anticipated to occur, which cannot be completely mitigated). 4. Irreversible and Irretrievable Commitment of Resources (Provide brief discussion of those natural and human resources which will be committed to and/or consumed by the proposed project). 5. Growth-Inducing Aspects (Provide brief discussion of those aspects of the proposed project which will or may trigger or contribute to future growth in the area). 7.0 Alternatives to be Studied SEQRA requires a description and evaluation of the range of reasonable alternatives to the action that are feasible, considering the objectives and capabilities of the project sponsor. As noted in SEQRA, "The description and evaluation of each alternative will be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed". The following alternatives and methods of evaluation are anticipated: 1. No Action Alternative (Alternative whereby the site remains in its current condition). 2. Alternative design, including but not limited to clustering of detached and attached units to create meaningful open space and maximize vegetative buffers along the perimeter of the property. 3. Reduce existing number of units. 4. Partial or full preservation of the property. 5. Alternative design for wastewater treatment. MAILING ADDRESS: PLANNING BOARD MEMBERS � �'r ] r Y.O.Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Char + �� `a OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR k qky 54376 State Route 26 GEORGE D.SOLOMON . (cor.Main Rd. &Younp Ave.) JOSEPH L.TOWNSEND �� , ,�$$ Southold, NY Telephone: 631 766-1938 Fax:631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTI-IOLD September 11, 2007 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 119o1 Re: Proposed Residential Site Plan for The Heritage at Cutchogue Located on the n/w corner of Grilling Street and School House Lane, approximately 1,079 ft. No Main Road, in Cutchogue SCTM#1000-102-1-33.3 Zone: Hamlet Density (HD) Dear Mr. Cuddy: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, September 10, 2007: WHEREAS, this proposed residential site plan application is for the development of a Planned 55+Active Adult Community consisting of 139 detached and attached dwellings of approximately 2,000 sq.ft. each; an 8,840 sq. ft. clubhouse; a 1,160 sq. ft. swimming pool; two 3,200 sq. ft. tennis courts; a 2,400 sq, ft. maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are associated with the individual dwelling units and 44 are associated with the clubhouse and recreational facility; 197,043 sq. ft. of man-made ponds to serve as natural drainage basins/irrlgation systems; 1,162,022 square feet(27.676 acres)of landscaping; and various other site improvements Including road pavement, patio and sidewalk Improvements, on a vacant 46.17-acre parcel in the Hamlet Density(HD) Zoning District located on the northwest corner of Griffing Street and School House Lane, approximately 1,079 feet north of Main Road, in Cutchogue. SCTM#1000-102-1-33.3; and WHEREAS, on December 11, 2006, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEAR lead agency coordination process for this Type I Action; and WHEREAS, on July 16, 2007, the Southold Town Planning Board assumed lead agency for this Type I Action pursuant to Part 617.4 (b)(5)(ii); and WHEREAS, on July 16, 2007, the Southold Town Planning Board adopted a Positive Declaration for the proposed action; and I Heritaae at Cutchogue Page Two September 11, 2007 WHEREAS, on July 30, 2007, the agent, Charles Cuddy, Esq., submitted a Draft Scope to the Planning Board at their Work Session; and WHEREAS, on August 20, 2007, the Southold Town Planning Board held a Public Scoping Session and allowed for written comments until September 4, 2007, pursuant to Article 617.8, Scoping; be it therefore RESOLVED, pursuant to Article 617.13 of 6NYCC Part 617 State Environmental Quality Review, the applicant will be financially responsible for costs incurred for the review and website posting of the Draft and Final Environmental Impact Statements for the Town of Southold; and be it further RESOLVED, that the Southold Town Plarming Board, 1-mrs ant lo Arlicle 617.8, adopts the Final ,Scope for the Draft Environmental Impact Staternorit prep,,irod by Nelson & Pope, PLLC and amended by the Town of Southold ld I�l�wrMa'�iN�rt,t le otiro, d,,itrurl September 10, 2007 and require that the agent address all Issues. Enclosed please find a copy of the Final Scope. If you have any questions regarding the above, please contact this office. Very truly yours, rilyn B. Woodhouse Chairperson encl. cc: Southold Town Zoning Board of Appeals NYSDEC- Stony Brook Southold Town Building Department New York State Department of Transportation Southold Town Clerk for Town Board New York State Natural Heritage Program Scott Russell, Southold Town Supervisor Suffolk County Department of Health Services Southold Town Board of Trustees Suffolk County Water Authority Southold Town Engineer Suffolk County Planning Department Mark Terry, LWRP Coordinator Suffolk County Department of Public Works Southold Transportation Commission Southold Town Police Department Architectural Review Committee Cutchogue Fire District Commissioner, NYS DEC (Albany) USDA— Natural Resources Conservation Service New York State Department of State File friw ,vhb " � � s` TRANSMITTAL �r ( r `P Y. i 100 Motor Parkway, Suite 135 VHB Hauppauge, New York 11788 � �� w} ;L ��i� Date: 11/2/2015 29305.00 Telephone(631)787-3400 Project No.: Fax(631)813-2545 � j i,i11�7Ri r ig www.vhb.com RBO'gpOG'B)R',f9af�' Re: Draft Environmental Impact Statement (DEIS) To: Heather Lanza, Director Subdivision and Site Plan Approval Town of Southold Planning Department The Heritage a .... ' g p g t Cutchogue 54375 Route 25 .. ....._ ..._......W_ Southold, New York 11971 ...m ......_ _..._.. ...... ....................... ..... ...... We are sending you: ® Attached ❑ Under Separate cover via Federal Express the following items: Shop drawings ❑ Prints [:1 Plans ❑ Diskettes ❑ Specifications ❑ Copy of Letter ❑ ChgOd EJ Other Co ies Date No. Description 1 Revised One corrected electronic copy of the DEIS for the above-referenced site. 10/2015 .__..... __.. ... .a.._....... ............... These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ® For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Return for corrections ❑ Return Corrected prints ❑ For review and comment ❑ For bids due _.._........... .. ......... ❑ Returned prints on loan to VHB REMARKS: This corrected CD-ROM has the most current version of the Traffic Analysis in Appendix G. We apologize for .... .... any inconvenience this may have caused. VHB agrees to provide materials to the Client stored electronically. The Client recognizes that data,plans,specifications,reports,documents,or other information recorded on or transmitted as electronic media,including,but not limit to,CADD Documents(together,"Electronic Documents")are subject to undetectable alteration,either intentional or unintentional,due to,among other causes,transmission,conversion,media degradation,software error,or human alteration. Accordingly,the Electronic Documents are provided to the Client for informational purposes only and not as an end product. VHB makes no warranties,either express or implied,regarding the fitness or suitability of the Electronic Documents. The Electronic Documents are instruments of professional service,and shall not be used,in whole or in part,for any project other than that for which they were created,without the express written consent of VHB and without suitable compensation to VHB. Accordingly,the Client agrees to waive any and all claims against VHB resulting in any way from the unauthorized alternation,misuse or reuse of the Electronic Documents,and to defend,indemnify,and hold VHB harmless for any claims,losses,damages,or costs,including attorney's fees,arising out of the alteration,misuse or reuse of any Electronic Documents. Copy to: _.._. By: � . Ginny Watral 11%111ENYORK Department of STATE OF Goveil,nor OPIPOIRTUINIPM Transportation 11AAT"'T"HEW JI. DRISCOL11,,. on,u nissuon r J IUiii'IIf Ili T.II R WIN,P.E. Re&inalll Director IEOctober 27 2015 Mr. Brian Cummings Nanning Board Planner Town of Southold Town Hall P. O. Box 1179 Southold, NY 11971 Your October 2. 2015 Submission The Heritage at Cutchogue Updated Traffic Impact Study Route 25, Cutchogue SCTM 1000-10200-0100-033003 Formerly Our Case No. 06-357P Now Assigned Case No 15-52814 Dear Mr. Cummings: This is in regard to the referenced project which you submitted for our review. In order for the applicant to work within the right of way of NY 25, a NYSDOT Highway Work Permit will be required. At this time the application is incomplete. As a part of Governor Cuomo's Lean NY initiative, the New York State Department of Transportation is undertaking a number of Lean process review projects, including a review of the Highway Work Permit process for commercial driveway permits. As a result of this review, and after a series of customer interviews with developers, consulting engineers, and other frequent commercial permit applicants, a structured process has been developed that is expected to provide a more consistent experience for permit applicants across all eleven regions. This new process will provide clearer guidance on what information is required at each stage of the process, coupled with technical guidance and direction on what elements need to be included in plan submissions. An applicant should submit plans using the new PERM 33-COM form, which combines a three-stage application with an interactive checklist. The PERM 33-COM replaces the use of the standard PERM 33 application for commercial work permit applications. The 50 Wolf Road,Albany, NY 12232 1 www.dot.ny.gov Mr. Brian Cummings October 27, 2015 Page 2 of 3 PERM 33-COM provides assistance in determining what studies, if any, may be required, provides direction to standard details, and clearly outlines what is to be shown on the applicant's plan submission. It is expected that with the use of this document, packages will be more complete, and review time will ultimately be reduced: The applicant can access the PERM 33-COM at .dot.ny. ov/ ermuts. The process is comprised of three stages; an Initial Proposal Review, a Design Review, and a Final Submission. The PERM 33-COM will indicate the information required and provide guidance at each stage of submission. Any new project should be initiated by completing Stage 1 of the PERM 33-COM (pages 3-6) and submission of the applicant's preliminary plans. A meeting is offered in the first stage, and can be scheduled after receipt of the applicant's complete, initial submission. Please feel free to provide feedback on the process and the new form. You or the applicant may email comments and feedback to our contact person at . i ot. v and ask that you include HWP Program Manager Anthony Ilacqua at Anthowli dot.n , ov as well. We greatly appreciate your participation as we work to upgrade the experience and improve our service to applicants. We previously reviewed this site and the following previously made comments should be addressed with a resubmission from the applicant: 1. Plans should be developed that show NY 25 and the intersections affected by the proposed development. The plans should include all existing and proposed pavement markings, signs, etc. We recommend that the applicant consult our driveway policy manual which is available on our website at .dot.ny. ov. On the NYSDOT A-Z bar click on "H", then click on Highway Work Permits and then click on Policy and Standards for the Design of Entrances to State Highways. A site plan checklist is within this manual for items that should be included on site plans. 2. We recommend that the applicant perform traffic signal warrant analyses for NY 25 and Depot Lane and for NY 25 and Griffing Street. Both of these should be submitted for our review. 3. Plans should include intersections of Depot Lane and Griffing Street at NY 25, Mr. Brian Cummings October 27, 2015 Page 3 of 3 Please have the applicant submit one (1) paper copy of Stage 1 of the Perm 33-COM, one (1) paper set of plans, one (1) paper copy of each analysis and one (1) electronic copy of all items on a cd in pdf format. The applicant should also provide us with a cover letter that states how the above comments are addressed, item by item. Mr. Mark Wolfgang is coordinating review of the subject material. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention at the above address. In all future correspondence, please refer to the subject Case Number and the County tax map number. Thank you for your cooperation concerning this matter, Very truly yours, 0 /1, SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold Ms. Jerilyn Woodhouse, Planning Board Chairperson, Town of Southold Mr. Eric McFerran, P.E., Nelson and Pope, LLP SAS:MDW:se 100 MOTOR PARKWAY,SUITE 156 CE.KhtMANBALIN HAUPPAuoE,NY 11788 PHONE:631.979.3000 FAx:631.979.7070 www.certilmanbatin.com JOHN M.WAGNER PARTNER jwagner0cerfilmanbalin.com October 30, 2015 BY HAND FEE.', (1(9 E �.Iu Planning Board of the Town of Southold r'J(,")V (), 2 2 0 1","1 Town Hall Annex (Capital One Bank Building) 54375 State Route 25 _Soi.dhdd_Fo_v1;_n __ P.O. Box 1179 $Iairdng Board Southold, NY 11971 Re: Site Plan Application for The Heritage at Cutchogue--North Side of Griffing Street and School House Lane, in Cutchogue, Town of Southold,New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Honorable Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC, which is the applicant for the above-referenced site plan application. Pursuant to the "Stipulation of Settlement" in the New York State Supreme Court action entitled NOCRO, Ltd., et al. against Russell, et al. (Suffolk County Index No. 09-1910 1), which "Stipulation of Settlement" was "so ordered" by the Supreme Court on September 25, 2014, and in response to a letter from the Planning Board dated September 15, 2015, 1 am submitting herewith (1) eight hard copies of a revised "Draft Environmental Impact Statement" for the subject site plan application, dated October, 2015 (hereinafter the "10115 revised DEIS"), and (2) a disk containing an electronic copy of the revised DEIS. The accompanying 10/15 revised DEIS addresses, we believe, all appropriate comments in the Planning Board's 9/15/15 letter, and we therefore request that the Planning Board proceed, as soon as possible, to accept the 10/15 revised DEIS as "adequate with respect to its scope and content for the purpose of commencing public review," pursuant to 6 NYCRR §617.9(a)(2) and the aforesaid"Stipulation of Settlement." With respect to the Planning Board's 9/15/15 letter, we respectfully note: 1. Several of the comments in such letter do not address the adequacy or completeness of the previously-submitted July 2015 revised Draft Environmental Impact 3117897.1 C',ERTILIVAIN BALL N Ai)uR.& I IYMAN, 111' NASSAU OFFICE:EAST MEADow,NY 11554 Planning Board of the Town of Southold October 30,2015 Page 2 of 3 Statement(hereinafter the "7/15 revised DEIS"), for purposes of 6 NYCRR §617.9(a)(2), but, rather, request additional analyses and informational details that are not required by either the September 10, 2007 "Final Scope" for the previously-proposed 139-unit project on the subject property (included in Appendix B to the 10/15 revised DEIS) or the SEQRA implementing regulations. 2. With respect to Comments 1, 3, and 4 of the "Soils" section of the 9/15/15 Planning Board letter, it appears the Town or its consultants have not reviewed the Soil Management Plan (Sheet SMP-1), dated July 10, 2015, that was included in Appendix D of the 7/15 revised DEIS. This Soil Management Plan is, in fact, an appropriate and detailed soil management plan, specifies the measures that will be taken to eliminate the potential for exposure to on-site workers and the surrounding community during construction of the subject project, and specifies how and where impacted soils will be buried, covered, and otherwise handled on the subject property. Additional discussion of such matters, including post-construction measures, is included in the 10/15 revised DEIS submitted with this letter. 3. With respect to Comment 4 of the "Transportation" section of the 9/15/15 Planning Board letter, the intersection of Route 25 and North Street was, in fact, analyzed in the 7/15 revised DEIS, but such analysis was apparently overlooked by the Planning Board's consultants. As explained in the accompanying 10/15 revised DEIS, the aforesaid "Final Scope" required evaluation of the Route 25/Highland Road intersection because the prior 139-unit development for which the "Final Scope" was prepared provided for access to the project over "Spur Road," which connected to Highland Road. In fact, as also explained in the 10/15 revised DEIS, Paragraph 15 on Page 8 of the "Final Scope" provided for traffic analysis of the Highland Road and Main Road(Route 25) intersection only "[i]f Spur Road is opened." As the currently-proposed development plan does not include the opening of Spur Road and provides only for emergency access over that roadway, analysis of the Highland Road/Route 25 intersection is not required. The intersections of Route 25 and New Suffolk Road and Case's Lane were added because the applicant's traffic consultant deemed analysis of such additional intersections to be appropriate, even though such analysis was not required by the aforesaid"Final Scope." 4. With respect to the comments in the "Community Facilities and Services" section of the 9/15/15 Planning Board letter, as explained in the accompanying 10/15 revised DEIS, the applicant's consultants, by letter dated September 26, 2014 (i.e., over 13 months ago), informed the Cutchogue Fire Department (which provides fire and emergency services to the area of the proposed Heritage at Cutchogue project) of the proposed project and requested information related to fire protection and ambulance services in the area of the subject 3117897.1 Planning Board of the Town of Southold October 30, 2015 Page 3 of 3 property. Inexplicably, the Fire Department did not respond to this informational request, and the applicant's DEIS should not be considered incomplete due to such failure, which is beyond the applicant's control. As further explained in the 10/15 revised DEIS, the Fire Department has just responded, by letter dated October 26, 2015, to a second letter request for comment and information from the applicant's consultants, has indicated it needs more time to review the project, and has set forth three alleged"preliminary concerns," which are presented and discussed in the 10/15 revised DEIS. To the extent that the Fire Department has any additional comments, I respectfully submit that they can be presented as comments on the accepted DEIS, and continued review by the Fire Department(which has already had over a year to consider the subject project) should not delay acceptance of the DEIS for public review. 5. With respect to Comment 2 of the "Aesthetic Resources, Open Space/Community Character and Public Health" section of the 9/15/15 Planning Board letter, it should be noted that no "visual impact analysis" was required by the aforesaid"Final Scope" for the previously-proposed 139-unit project on the subject property, and, accordingly, the absence of such analysis from the DEIS for the proposed action does not relate to the adequacy or completeness of the DEIS. 6. Finally, with respect to Comments 1 and 2 of the "Cumulative Impacts" section of the 9/15/15 Planning Board letter, the only other development that has been identified as pending in the area of the subject property is a possible four-lot subdivision of property, owned by Baxter, located at the southeast corner of Schoolhouse Lane and Griffing Street. As explained in the accompanying 10/15 revised DEIS, there is, at this time, insufficient information available on the proposed uses in the Baxter subdivision to permit meaningful evaluation of the cumulative impacts of those uses and The Heritage at Cutchogue development. If the Planning Board or its staff have any questions, please contact me. Very truly yours, John M. Wagner Enclosures cc (by e-mail): Frank A. Isler, Esq. (letter only) 3117897.1 E C Steven Bellone � SUFFOLK COUNTY EXECUTIVE Department oftim��R�'Q:��°� Economic Development and Planning �,Jlwliflilj Board Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment October 26, 2015 Town of Southold Planning Board 53095 Main Road P.U. Box 1179 Southold, NY 11971 Attn: Brian Cummings, Planner Re: Application of"The Heritage at Cutchogue" Zoning Action: Site Plan Municipal File No./Public Hearing Date. N/A S.C.T.M.No.: 1000 102.00-0100 033003 S.C.P.C. File No.: SD-15-03 Dear Mr. Brickman: Please be advised that pursuant to Sections A 14-14 to 25 of the Suffolk County Administrative Code,the above captioned application which has been referred to the Suffolk County Planning Commission will be reviewed by the Commission at its regular meeting on Wednesday,November 4,2015, at 2:00 p.m. Maxine S. Postal Auditorium in the Riverhead County Center,300 Center Drive,Riverhead,New York. The regular meetings of the Suffolk County Planning Commission are open meetings pursuant to the NYS Open Meetings Law;they are not public hearings. Any request to address the Planning Commission on any matter,including subdivision or zoning referrals,must be submitted prior to the meeting. Each request shall be submitted on a card (distributed before the regular meeting) identifying the person and/or organization and topic. During the public portion of the regular meeting, each speaker shall be allotted three (3) minutes. An individual who has requested the opportunity to address the Planning Commission may relinquish his/her time to another speaker. However,no speaker may speak for more than six(6) minutes. In accordance with Suffolk County Planning Commission Policy,any information to be submitted to the Planning Commission will not be accepted at the meeting unless it has been acknowledged by the local referring municipality. H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 The information must be accompanied with a letter from the local referring municipality, describing such contents,as well as instructions for treating previously submitted material. This policy was instituted to avoid confusion as to which information is being reviewed by all agencies. Should you have any questions or comments,please do not hesitate to contact this office,. Sincerely, Andrew P. N,releng Chief Planner APF/cd cc: The Heritage at Cutchogue John M.Wagner, Certilman,Balin H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI 0 P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 0 (631)853-5191 � t u� CUTCHOGUE FIRE DISTRICT Board of Fire Commissioners �� o New S�nioll ,.. mmm,.. ...,�,.. u Road, Cutchogue, NY 11935 Telephone (031) 734-0007 ® Fax (031) 734-7 7 E-mail. c utffdOgoptorniirne.net October 19, 2015 ® �a a ire . r P12)&A T, a V VHB Inc. Ginny Watral O U 2!' „7 �CWw 100 Motor Parkway Ste. 135 � --� Hauppauge, NY 11788 6�us7u� �� Pad Dear Ms. Watral, The Cutchogue Fire District is in receipt of your request for Environmental Review for the proposed Heritage at Cutchogue, NY. It is the board's opinion that they would like to take a little more time to review this size project before making a final decision. However, they do have a couple of preliminary concerns such as: ➢ The property exit road surfaces are inadequate for our heavy vehicles and may become mired down. ➢ There should be a 2°d entrance/exit to the development to allow for proper response of emergency vehicles. ➢ From experience on the north fork with other rescue department issues, we would like to see some sort of medical/nurses station within the confines of the property to handle some of the minor medical complaints your residents may have. We will, of course, respond to any rescue call of necessity. Thank you for your understanding and we will reply as soon as possible. Very truly yours, Board of Fire Commissioners kWV1AV_t__ Matthew J Martin Fire District,Secretary cc: Southold Planning Board 'Chief Brewer Board of Fire Commissioners Chairman James R.Fogarty Jr, Joseph S.Zruhoski Jr.,Sanford H.Frie ann,Andrew McCaffery,Robert Fisher Matthew 1.Martin,Secretary, ]Peter Z erlei n,Treasurer ., *,CIL r ' Y 7dnz F $O° c o ro14 g. �„ �..,._._.�........��, ._ � �..... ...�. _...meµ 3 "h wg' s � Na a �. IQJ OR n o g a ° aN w oCoJ 0 �e (° n cr cl n� ro A K ++yy ti <• C). dt Gar Y-a. �. El r ............... iv� ................................................. ........... ....... 551; e AIR,,r,Mf a E OCT 0 5 2015 ZAKI-IF 1aaftPaolfrff � INC. Plannifig Board Environmental and Planning Consultants 440 Park Avenue South New York,NY 10016 (212)696-0670 FEDERAL TAX ID NO. 13-3433475 Town of Southold, Planning Board Invoice# : 153667 Attn: Heather Lanza,AICP, Director Project : 60152 Town Hall Annex/53095 State Route 25 Project Name : HERITAGE AT RO Box#1179 Invoice Group : LS Southold, NY 11971 Invoice Date : 9/29/2015 For Professional Services Rendered through: 8/31/2015 PM: SH Previous Current Total Phase Code / Name Phase Fee Amount Amount %Complete Fee Earned 0001A -- DEIS REVIEW TRAF SOILS GROUNDWATER 7,125.00 7,125.00 0.00 100.00 7,125.00 0001B -- DEIS REVIEW ADDITIONAL COMMENTS 2,375.00 0.00 2,375.00 100.00 2,375.00 0001C -- DEIS REVIEW MEETINGS 1,600.00 0.00 0.00 0.00 0.00 0002A -- FEIS INDENTIFY SUBSTANTIVE COMMENTS 7,400.00 0.00 0.00 0.00 0.00 Total Fee: 18,500.00 Total Fee Earned To Date 9,500.00 Less Previous Billings 7,125.00 Amount Due this Invoice 2,375.00 ,,raRa' RESOLUTION 2015-198 ADOPTED DOC ID: 10575 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-198 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24, 2015: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and AKRF, Environmental & Planning Consultants, to provide technical assistance to the Planning Board in - --eonnectionivith it.s.�eview _._.� accordance with the proposal submitted to the Town, and subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Evans, Russell ABSENT: Jill Doherty Michaelis, Jessica ��— From: Cummings, Brian A. yy Sent: Friday, October 02, 2015 3:05 PM To: Michaelis,Jessica Subject: FW:The Heritage @ Cutchogue 102.-1-33.3 iaro:rr Hord,,. From: Doherty,Peter Sent: Friday, October 02, 2015 3:04 PM To: Cummings, Brian A. Subject: The Heritage @ Cutchogue 102.-1-33.3 Brian, As of 10/2/15 there are no Code Violations on record. PLANNING BOARD MEMBERS " f MAILING ADDRESS: P.O. Box 1179 DONALD J.WILCENSKI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III4 (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR .' Q 'I, Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Peter Doherty, Code Enforcement Officer Robert Fisher, Fire Marshall From: Brian Cummings, Planner Date: October 2, 2015 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 The Planning Board refers this application to you for your information, comments, review, and any violations on record, if applicable. Please be advised that the proposed Residential Site Plan originally submitted in 2006 has been revised as described below. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a t1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-102.-1-33.3 MAILING ADDRESS: PLANNING BOARD MEMBERS sau, ` P.O. Box 1179 DONALD J.WILCENSKI ,;r, Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY "" IP- 54375 State Route 25 JAMES H.RICH III �f9 (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ._ Iroui fib Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Thompson, Chairperson, Architectural Review Committee From: Brian Cummings, Planner Date: October 2, 2015 Re: Request for Review: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 The Planning Board refers this Site Plan Application to your committee for your review and comments. Please be advised that the proposed Residential Site Plan originally submitted in 2006 has been revised as described below. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-102.-1-33.3 Thank you. Encls: Site Plan Application Building Elevations ^ "`- MAILING ADDRESS: PLANNING BOARD MEMBERS "� o P.O. Box 1179 DONALD J.WILCENSKI ,�r� Southold, NY 11971 Chair f OFFICE LOCATION: WILLIAM J.CREMERS q Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III �m (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR CDUN�� g9 Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planner Date: October 2, 2015 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. Please be advised that the proposed Residential Site Plan originally submitted in 2006 has been revised as described below. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. Encls: Site Plan Application Site Plan MAILING ADDRESS: PLANNING MEMBER SOS P.O. sox 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III }� (car. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ` roull 1 Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Brian Cummings, Planner Planning Board Date: October 2, 2015 Re: Proposed Site Plan for The Heritage @ Cutchogue SCTM#1000-102.-1-33.3 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue The Planning Board refers this application to the Board of Trustees for your information, comments, review, and certification, if applicable. Please be advised that the proposed Residential Site Plan originally submitted in 2006 has been revised as described below. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a t1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-102.-1-33.3 ffx XZZ MAILING ADDRESS: PLAN DONALD NING OARD M J. S KI SoMBERS � � � �� th 1d,ox 1179 NY 11971 Chair OFFICE LOCATION: WILLL4M J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III �✓ (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR N° � " Southold, NY w zz-, Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 2, 2015 Mr. Matthew Martin, Cutchogue Fire District 260 New Suffolk Road Cutchogue, NY 11935 Re: Request for Review: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Martin: The Site Plan Application described below is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please be advised that the proposed Residential Site Plan originally submitted in 2006 has been revised as described below. For your convenience, and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. www.southoldtownny._aov: Laserfiche (bottom left of home page): Planning, Applications, Site Plans, Pending, SCTM#1000-102.-1-33.3 Please contact me at (631)765-1938 if you have any questions. Sincerely, Brian Cummings, Plar`trr r ., MAILING ADDRESS: PLANNING BOARD MEMBERS1 ' say P.O. Box 1179 DONALD J.WILCENSKI r "A� � �"" Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.LEES Town Hall Annex PIERCE FETY 54375 State Route 25 JAMES H.RICH III � � � (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk cc: Town Attorney From: Brian Cummings, Planner Date: October 2, 2015 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction, if applicable. Please be advised that the proposed residential site plan originally submitted in 2006 has been revised as described below. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-102.-1-33.3 MAILING ADDRESS: PLANNING BOARD MEMBERS � �OF 5 � P.O. Box 1179 Southold, NY 11971 �t DONALD J.WILCENSHI 0 Chair OFFICE LOCATION: WILLIAM J.CREMERS 4 " Town Hall Annex PIERCE RAFFERTYy 'y' 54375 State Route 25 JAMES H.RICH III , ,AA (car. Main Rd.. &dYoouungs Ave.) MARTIN H.SIDOR w UNV Telephone: 631 765-1938 www.southoldt ownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Transportation Commission Members From: Brian Cummings, Planne Date: October 2, 2015 Subject: Proposed Site Plan for The Heritage @ Cutchogue 75 School House Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#: 1000-102-1-33.3 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction. Please be advised that the proposed Residential Site Plan originally submitted in 2006 has been revised as described below. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256.are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17=acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-102.-1-33.3 Thank you for your cooperation. PLANNING BOARD MEMBERS � g( r MAILING ADDRESS: �k "� P.O. Box 1179 M Southold,NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY �� 54375 State Route 25 JAMES H.RICH IIIe (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �, " � j Southold, NY Telephone: 631 765-1938 vA w.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Planner Date: October 2, 2015 Re: Proposed Site Plan for The Heritage @ Cutchogue Application Name: The Heritage @ Cutchogue Tax Map Number: 1000- 102.-1-33.3 Location: corner of Schoolhouse Rd. & Griffing St., Cutchogue Type. of Application: Sketch Subdivision Map Dated: Preliminary Subdivision Map Dated: Final Subdivision Map Dated: Road Profiles Dated: Grading and Drainage Plans Dated: Other Dated: Site Plan Dated: Revised Site Plan Dated: 7/10/2015 Grading and Drainage Plans Dated: Other (AS BUILT) Dated: Please be advised that the proposed residential site plan originally submitted in 2006 has been revised as described below. g OctoL- 2, 2015 The He,..age e at C��tcW�ca ue Page Two— .. ._ .__�. ...__.m_ ...��.� ._.� .... Proiect Description: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/-sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Grilling Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. ,. MAILING ADDRESS: so PLANNING BOARD MEMBERS ( /�� a, P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair , OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) RTIN H.SIDOR COUNT`I, Southold, NY °x") Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: New York State Department of Environmental Conservation From: Brian Cummings, Planner Date: October 2, 2015 Re: Site Plan Application Review— • Request for Comments pursuant to Southold Town Code §280-131 • Coordinated Review under SEQR The purpose of this request is to seek comments from your agency as part of the coordinated review under Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 which began for this application in 2006; please be advised that the proposed Residential Site Plan described below has been revised. Provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below. The following contains information pertaining to the project under review. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. Project Name: The Heritage @ Cutchogue Address: 75 Schoolhouse Road, Cutchogue Tax Map #: 1000-102.-1-33.3 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on the orange Laserfiche Weblink located on bottom left of the home page; 3. Click on Planning Dept. folder; 4. Click on Applications; The HeilLage at Cutchogue — Page Two — Octobci 2, 2015 5. Click on Site-Plan; 6. Click on Pending; 7. Click on SCTM# 111000- 102.-1-33.3 2015 The Heritage at Cutchogue"; 8. Click on Site Plan. Requested Action: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet No the Main Road, in Cutchogue. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Brian Cummings, Planner (631) 765-1938 Enclosures: • Site Plan Application Form rr xxx� MAILING ADDRESS: � ,� PLANNING BOARD MEMBERS j� � So P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSKI °^ Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY g} 54375 State Route 25 JAMES H.RICH III " (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR UN11, Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 2, 2015 Mr. Mark Wolfgang NYS Department of Transportation 250 Veterans Memorial Highway Hauppauge, NY 11788 Re: Comments on the Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density (HD) Dear Mr. Wolfgang: The following Site Plan'is being referred to you for comments as part of the coordinated review under Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 which began for this application in 2006. Please be advised that the proposed Residential Site Plan described below has been revised. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. Project Name: The Heritage @ Cutchogue Address: 75 Schoolhouse Road, Cutchogue Tax Map #: 1000-102.-1-33.3 1 Fhe I.....fcu��Kage at Cu�tcho ups- I lage..Two �tobt;r , 01 _........................................_..........__......_..._._..............._._............. ..._...._..............._.... _........_................._.........._.................._..............................................................._.......__...._..._...................................._.....................�� •^""•.,"'"'^",.""•,•,,••""""—"'--..'—'.'—"•••••""""•'•�"""'"" •niiiniinnnnnnnnnnnnnnnnnnnninllllllllllllllllllllllllllllllllllnlllllnlllnlllllllllllllllllllll011111111�Ilu�IIIIIIIIIIIIIIIIIIIIIIIl01111uIIIIIIIIIIII�IIIIII�IIIIIIIUII�IIIlU�11111111011uNId�m1011111111111111�1 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on the orange Laserfiche Weblink located on bottom left of the home page; 3. Click on Planning Dept. folder; 4. Click on Applications; 5. Click on Site-Plan; 6. Click on Pending; 7. Click on SCTM# "1000- 102.-1-33.3 2015 The Heritage at Cutchogue"; 8. Click on Site Plan. If there are any questions, you can contact us at (631)765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully yours, Brian Cummings Planner Encl. Site Plan Application rr" MAILING ADDRESS: PLANNING BOARD MEMBERSf � P.O. Box 1179 r DONALD J.WILCENSffi , Southold, NY 11971 ^�"" t� Chair OFFICE LOCATION: LL J.CEES 4 Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 J ES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H. SIDOR Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Department of Health Services From: Brian Cummings, Planner® Date: October 2, 2015 RE: Amended Site Plan Application Review— • Request for Comments pursuant to Southold Town Code §280-131 • SEQR Lead Agency Request • Coordinated Review under SEQR The purpose of this request is to seek comments from your agency as part of the coordinated review under Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 which began for this application in 2006. Please be advised that the proposed Residential Site Plan described below has been revised. Please provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below. The following contains information pertaining to the project under review. For your convenience due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. Project Name: The Heritage @ Cutchogue Address: 75 Schoolhouse Road, Cutchogue Tax Map #: 1000-102.-1-33.3 The Hen�age at Cutchogue — Page Two— Octobcr 2, 2015iFmw mmm 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on the orange Laserfiche Weblink located on bottom left of the home page; 3. Click on Planning Dept. folder; 4. Click on Applications; 5. Click on Site-Plan; 6. Click on Pending; 7. Click on SCTM# "1000- 102.-1-33.3 2015 The Heritage at Cutchogue"; 8. Click on Site Plan. Requested Action: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Grilling Street and School House Road, approximately 1,079 feet No the Main Road, in Cutchogue. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Brian Cummings (631) 765-1938 Enclosures: • Site Plan Application Form xwxr :.. MAILING ADDRESS: PLANNING BOARD MEMBERS so k' P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSKI " Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III + ,} (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR C �� Southold, NY Telephone: 631 765-1938 www.southoldtowimy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Planning Commission From: Brian Cummings, Planner Date: October 2, 2015 RE: Site Plan Application Review— • Request for Comments pursuant to General Municipal Law§239 (as a referral) and Southold Town Code §280-131 The purpose of this request is to seek comments from your agency as part of the coordinated review under Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 which began for this application in 2006. Please be advised that the proposed Residential Site Plan described below has been revised. Provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; and The following contains information pertaining to the project under review. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. Project Name: The Heritage @ Cutchogue Address: 75 Schoolhouse Road, Cutchogue Tax Map #: 1000-102-1-33.3 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on the orange Laserfiche Weblink located on bottom left of the home page; 3. Click on Planning Dept. folder; The Henta a at C ,itcho ue — Pa w eq 2 - Octobta 2 2015 4. Click on Applications; 5. Click on Site-Plan; 6. Click on Pending; 7. Click on SCTM# "1000- 102.-1-33.3 2015 The Heritage at Cutchogue"; 8. Click on Site Plan. Requested Action: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Brian Cummings, Planner (631) 765-1938 Enclosures: • Site Plan Application Form X MAILING ADDRESS: c, PLANNING BOARD MEMB so P.O. Box 1179ERS �� + a e Southold, NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �� Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Water Authority (SCWA) From: Brian Cummings, Planner Date: October 2, 2015 Re: Site Plan Application Review—The Heritage @ Cutchogue • Request for Comments pursuant to General Municipal Law §239 (as a referral) and Southold Town Code §280-131, and LWRP Coastal Consistency Review • Coordinated Review under SEQR The purpose of this request is to seek comments from your agency as part of the coordinated review under Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 which began for this application in 2006. Please be advised that the proposed Residential Site Plan described below has been revised. Provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; and The following contains information pertaining to the project under review. For your convenience and due to the size of the application materials, we have provided directions below to access the entire file online. For further information or for an original set of plans, please feel free to contact this office. Project Name: The Heritage @ Cutchogue Address: 75 Schoolhouse Road Tax Map #: 1000-102.-1-33.3 1. Go to the Town of Southold website www.southoldtownn ov; 2. Click on the orange Laserfiche Weblink located on bottom left of the home page; 3. Click on Planning Dept. folder; The He, cage at Cutchogue. _ Page Two October 2, 2015,- ._� . ..... __�..� .......__ ..... 4. Click on Applications; 5. Click on Site-Plans; 6. Click on Pending; 7. Click on SCTM# "1000- 102.-1-33.3 2015 The Heritage at Cutchogue"; 8. Click on Site Plan. Requested Action: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a f1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet No the Main Road, in Cutchogue. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Brian Cummings, Planner (631) 765-1938 Enclosures: • Site Plan Application Form a 2ma x , MAILING ADDRESS: PLANNING BOARD MEMBERS � K, P.O. Box 1179 DONALD J.WILCENSKI "t Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE FFRTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDO , Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Brian Cummings, Planne(ii;) Date: October 2, 2015 Re: Proposed Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Rd., corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/= sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq: ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. Thank you for your cooperation. Sc,h COUNTY OF SUFFOLK .ILIM1,0 r E CM E M 11 V E FSEP . il 2015 aa�a�7c�P 1Fr�i STEVEN BELLONE suffoLxcouNTY �Wining(Board Ex>cirrrvE DEPARTMENT OF HEALTH SERVICES JAMEs L.Tommic N,MD,MPH,MBA,MSW COMMISSIONER September 8, 2015 Mr. Paul Silansky, President Fleet's Neck Property Owners Association PO Box 554 Cutchogue, NY 11935 Re:Heritage @ Cutchogue Condominium Project—Proposed Wastewater Treatment System Dear Mr. Silansky: Thank you for your recent letter regarding the proposed Heritage Development in Cutchogue. We are adding your letter to our file in the Office of Wastewater Management and also sharing it with the Town of Southold Planning Department. The current status of the application is as follows: a) The applicant applied for 139 Planned Retirement Community(PRC)units. b) The application is currently incomplete as the following have not been submitted to the Department: • SEQRA determination • SPDES application form • Revised site plan • Engineering report • Restrictive covenants • Other information missing c) SEQRA status --the Department has received the following documents: • Positive declaration dated July 16, 2007 issued by the Town of Southold • Draft Environmental Impact Statement July 2008 • The Department has no record of a Final Environmental Impact Statement being received. Office of the Director •Division of Environmental Quality • P, tth 360 Yaphank Avenue -Suite 2B—Yaphank, NY 11980 Prevent,.Promote.P-teel. Phone: 631. 852.5800-Fax: 631. 852.5825 Mr. Paul Silansky, President Fleet's Neck Property Owners Association September 8,2015 Page Two Suffolk County Department of Health Services will ensure that this application fully complies with the Suffolk County Sanitary Code. We encourage advanced wastewater treatment and are happy to discuss the potential for sewering and innovative/alternative systems with the applicant and the town at any time. Very truly yours, Walter Dawydiak, PE, Director Division of Environmental Quality C: Steven Bellone, County Executive DuWayne Gregory, Presiding Officer, SC Legislature Al Krupski, SC Legislator Peter A. Scully, Deputy County Executive for Administration Heather M Lanza, AICP, Director- Town of Southold Planning Department James L. Tomarken, MD, MPH, MBA, MSW, Commissioner Christina Capobianco, CPA, Deputy Commissioner Sarah Lansdale, Director, Department of Economic Development/Planning Walter Hilbert, PE, Chief—Office of Wastewater Management Christopher Lubicich, PE, Chief—Office of Ecology H-LI M'F V COUNTY OF SUFFOLK '110tAl STEVEN BELLONE SUFFOUCOUNWEXECLUIVE DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN,MD,MPH,MBA,MSW COMMISSIOMR September 8, 2015 Mr. Thomas Wacker PO Box 454 Cutchogue,NY 11935 Re: Heritage @ Cutchogue Condominium Project—Proposed Wastewater Treatment System Dear Mr. Wacker: Thank you for your recent letter regarding the proposed Heritage Development in Cutchogue. We are adding your letter to our file in the Office of Wastewater Management and also sharing it with the Town of Southold Planning Department. The current status of the application is as follows: a) The applicant applied for 139 Planned Retirement Community(PRC) units. b) The application is currently incomplete as the following have not been submitted to the Department: • SEQRA determination • SPDES application form • Revised site plan • Engineering report • Restrictive covenants • Other information missing c) SEQRA status --the Department has received the following documents: • Positive declaration dated July 16, 2007 issued by the Town of Southold • Draft Environmental Impact Statement July 2008 • The Department has no record of a Final Environmental Impact Statement being received. y�'� Office of the Director •Division of Environmental Quality PublicHealth 360 Yaphank Avenue -Suite 2B—Yaphank,NY 11980 P—ent.Promote.Proleat. Phone: 631. 852.5800-Fax: 631. 852.5825 Mr Thomas Wacker September 8, 2015 Page Two Suffolk County Department of Health Services will ensure that this application fully complies with the Suffolk County Sanitary Code. We encourage advanced wastewater treatment and are happy to discuss the potential for sewering and innovative/alternative systems with the applicant and the town at any time. Very truly yours, Walter Dawydiak, PE, Director Division of Environmental Quality C: Peter A. Scully, Deputy County Executive for Administration Heather M Lanza, AICP, Director- Town of Southold Planning Department James L. Tomarken, MD, MPH, MBA, MSW, Commissioner Christina Capobianco, CPA, Deputy Commissioner Sarah Lansdale, Director, Department of Economic Development/Planning Walter Hilbert, PE, Chief—Office of Wastewater Management Christopher Lubicich, PE, Chief—Office of Ecology Sip COUNTY OF SUFFOLK 0�0�t I��`�(FT—ow LjN I oard STEVEN BELLONE V �ro SMOLK COUNWMCUrIVE DEPARTMENT OF HEALTH SERVICES JAm L.TomAwN,MD,MPH,MBA,MSw COMMISSIONER September 8, 2015 Ms Isabel Wacker PO Box 454 Cutchogue,NY 11935 Re: Heritage @ Cutchogue Condominium Project—Proposed Wastewater Treatment System Dear Ms. Wacker: Thank you for your recent letter regarding the proposed Heritage Development in Cutchogue. We are adding your letter to our file in the Office of Wastewater Management and also sharing it with the Town of Southold Planning Department. The current status of the application is as follows: a) The applicant applied for 139 Planned Retirement Community(PRC) units. b) The application is currently incomplete as the following have not been submitted to the Department: • SEQRA determination • SPDES application form • Revised site plan • Engineering report • Restrictive covenants • Other information missing c) SEQRA status --the Department has received the following documents: • Positive declaration dated July 16, 2007 issued by the Town of Southold • Draft Environmental Impact Statement July 2008 • The Department has no record of a Final Environmental Impact Statement being received. Office of the Director 1P •Division of Environmental Quality • P [th 360 Yaphank Avenue -Suite 2B—Yaphank,NY 11980 Prevent.Promote.Protest. Phone: 631. 852.5800-Fax: 631. 852.5825 Ms Isabel Wacker September 8, 2015 Page Two Suffolk County Department of Health Services will ensure that this application fully complies with the Suffolk County Sanitary Code. We encourage advanced wastewater treatment and are happy to discuss the potential for sewering and innovative/alternative systems with the applicant and the town at any time. Very truly yours, Walter Dawydiak, PE, Director Division of Environmental Quality C: Peter A. Scully, Deputy County Executive for Administration Heather M Lanza, AICP, Director- Town of Southold Planning Department James L. Tomarken, MD, MPH, MBA, MSW, Commissioner Christina Capobianco, CPA, Deputy Commissioner Sarah Lansdale, Director, Department of Economic Development/Planning Walter Hilbert, PE, Chief—Office of Wastewater Management Christopher Lubicich, PE, Chief—Office of Ecology MAILING ADDRESS: PLANNING BOARD MEMBERS �,�' � 4 �� '` P.O. Box 1179 DONALD J.WILCENSKI42 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY w � ,% 54375 State Route 25 JAMES H.RICH III �� gy (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR � ��"'�4 °��.�� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: DEIS - Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD Dear Mr. Wagner: The Southold Town Planning Board, as Lead Agency, has found that The Heritage of Cutchogue (SCTM No. 1000-102-1-33.3) Draft Environmental Impact Statement submitted on July 16, 2015 has been found to be INADEQUATE for public review due to the following omissions/deficiencies: Soils (Section 2.1; Appendix D) 1. Section 2.1.1, "Subsurface Conditions", indicates that a Soil Management Plan (SMP) was prepared and included in Appendix D. The SMP included in Appendix D appears to be more of a Soil Erosion and Sediment Control Plan and less of a plan to handle potentially contaminated soils. A Soil Management Plan would identify the specific measures that would be taken to minimize exposure to soil contaminants by workers and the surrounding community during the construction process. 2. The DEIS indicates that "since the time of preparation of N&P's Pesticide Report, the NYSDEC TAGM 4046: Determination of Soil Cleanup Objective and Cleanup Levels RSCOs has been superseded by the NYSDEC Division of Environmental Remediation (DER) Soil Cleanup Objectives (SCOs) provided in 6NYCRR Section 375-6.8(a) or (b). Given the more stringent SCOs contained in NYSDEC DER Part 375, additional exceedances with respect to pesticides and other constituents may be present." NYSDEC Part 375 includes SCOs protection of The Heritage at Cutchogue - September 15, 2015 public health based on usage (i.e., residential, commercial, industrial), protection of groundwater, and protection of ecological resources. The comparison of soil sampling results to NYSDEC Part 375 should be completed and provided in the DEIS to make an appropriate determination as to whether the proposed mitigation measures included in the SMP will achieve the remediation objectives. 3, The DEIS states that the SMP was developed to eliminate the potential for exposure to contaminants by future residents. The SMP should include measures to eliminate the potential for exposure to on-site workers and the surrounding community during construction, as well as post construction measures to maintain the integrity of the site cap. These measures should be described in the DEIS. 4. The DEIS indicates that the top 12 inches of site soils (approximately 75,000 cubic yards) will be excavated and buried on-site within berm and open space areas. The cutting and capping measures should be clarified to indicate that stripped soil will not be buried, but bermed and/or stockpiled and covered by a clean soil cap. Groundwater Section 2.2• Appendix E 1. The Final Scope indicates that existing groundwater quality from on-site wells should be provided. The DEIS includes testing results for a groundwater sample that was collected from an on-site monitoring well and tested for potable water quality parameters, including volatile organic compounds (VOCs), carbamates (insecticides), selected metals, and general chemistry parameters. The testing results did not include parameters associated with the on-site contamination. The previous soil testing results indicate arsenic may be present in soil above its NYSDEC Part 375 Protection of Groundwater SCO. The DEIS should assess whether arsenic presents a contamination issue for groundwater at the site. 2. The Remediation Plan includes grading the top 12 inches of soil that contains arsenic and mercury and placing the soil in a capped berm. The DEIS should assess whether irrigating the mounds will create a scenario where infiltrating irrigation water can mobilize existing contaminants. Transportation (Section 3.1; Appendix G) 1. The scope indicates that "accident history data will be obtained as available from municipal agencies...". Accident data was obtained from NYSDOT. Were other municipal agencies contacted for accident history data? If so, this should be stated in the DEIS and this data should be presented. If not, the appropriate agencies should be contacted for accident data history and a summary of this data should be included in the DEIS, if available. 2. The DEIS does not mention any area planned roadway improvements (for No Build condition). The DEIS should state which agencies were contacted to 2 The Heritage at Cutchogue - September 15, 2015 determine if there are any planned roadway improvements in the study area. Any planned roadway improvements should be mentioned in the DEIS and, where applicable, incorporated into the No Build and Build analyses. 3. The only traffic counts conducted were the Miovision Turning Movement Counts (TMC). Since no 24-hour Automatic Traffic Recorder (ATR) counts were provided, how were the peak hours of the traffic network determined and how was Sunday determined as the most conservative weekend day? 4. Two intersections in the list of intersections to be analyzed were changed from the scope — Main Road (NYS Route 25) & Highland Road and Main Road (NYS Route 25) & North Street were removed and NYS Route 25 & New Suffolk Road and NYS Route 25 & Cases Lane added. Please provide an explanation for this change. 5. As per the scope, were seasonal adjustment factors utilized in the Traffic Impact Analysis Report? 6. Were comparable Long Island specific senior citizen housing project data examined in reviewing available trip generation data sources? Do the trip generation data presented in the DEIS (derived from the standard ITE Condom inium/Townhouse trip generation rates) represent a conservative estimate of comparable Long Island senior housing data? If so, this should be specified in the DEIS. 7. No traffic signal timing data has been provided for the signalized intersection of NYS Route 25 & New Suffolk Road. Field timings should be provided in addition to official NYSDOT timing plans. 8. The southbound approach of the intersection of NYS Route 25 & Depot Lane is shown to experience an increase in delay from 56.7 to 63.7 seconds (LOS F) during the PM peak hour and a decline in LOS from LOS E (delay of 48.6 seconds) to LOS F (delay of 57.7 seconds) during the weekend peak hour from No Build to Build conditions. These increases in delay and decline in LOS should be identified as impacts in the DEIS. In addition to the potential improvement measures identified in the DEIS for this intersection, a traffic signal warrant study should be considered and safety improvement measures should be recommended (this intersection was found to have the highest number of accidents based on the NYSDOT accident data) for this intersection. 9. As per the scope, the DEIS should discuss potential impacts on the parking infrastructure within the hamlet center. 10.As per the scope, the DEIS should discuss the potential impacts on emergency/police response time as a result of expected increase in traffic from the proposed project. The October 23, 2014 letter from Chief Flatley indicates a 3 The Heritage at Cutchogue - September 15, 2015 projection of a four (4) minute response time to the project site. How would this be affected by potential traffic congestion? 11.The DEIS traffic circulation discussion should be expanded to describe both truck and emergency vehicle ingress/egress to the site. A Site Plan showing turning paths of trucks and emergency vehicles should be shown to demonstrate they can navigate the site. 12.As part of the circulation discussion (page 45 of the Traffic Impact Analysis Report), more detail should be provided as to why the on-site vehicular circulation will be considered adequate. 13. As per the scope, other access alternatives to the project site should be considered, such as direct access to the site from Depot Lane. 14.Has the NYSDOT growth rate utilized in the DEIS to determine the No Build volumes been verified by the local Town Planning Department or Suffolk County? If so, this should be stated in the DEIS. 15.The No Build and Project Generated volume figures should be included in DEIS (not just in the Traffic Impact Analysis Report in Appendix G). 16.Trip generation rates should be included in Table 11, "Trip Generation" in the DEIS, similar as to presented in Table 3 of the Traffic Impact Analysis Report in Appendix G. 17. As per the scope, parking regulations along the internal roadways should be discussed. 18. As per the scope, discuss traffic calming measures to be implemented within the proposed development. 19. It is mentioned on Page 87 of the DEIS that "Synchro adheres to and implements the guidelines and methods set forth in the 2000 Highway Capacity Manual and the newly released 2010 Highway Capacity Manual." It should be specified which set of methods (2000 or 2010) were applied to the analysis of signalized intersections and which were applied to the analysis of unsignalized intersections. 20. Electronic Synchro files for the study area intersections should be provided as part of the Traffic Impact Analysis Report backup. Communi Facilities and Services Section 3.3 1. As per the scope, the emergency services (ambulance, police and fire) which serve the site will be identified and contacted for input with respect to continued ability to serve the site. was not adequately discussed. 4 The Heritage at Cutchogue - September 15, 2015 The document does not address the ambulance and fire services and is deficient in input from the Cutchogue Fire District/Department. 2. As per the scope, changes associated with the proposed project will be evaluated in terms of emergency service access; a practical approach will be taken to ensure that safe and efficient emergency service vehicle access to the site can be provided to the site. The document does not address the ambulance and fire service access and is deficient in input from the Cutchogue Fire District/Department. 3. As per the scope, hydrant installation/location and other development considerations which assist in addressing emergency services will be included. The document does not include input from the Cutchogue Fire District/Department on hydrant locations. 4. As per the scope, mitigation for emergency service access to ensure that equipment can ingress/egress the site will be included. The document does not address this concern and is deficient in input from the Cutchogue Fire District/Department. Aesthetic Resources Open Space/Community Space/Community Character and Public Health (Appendix H) (Section 3.4) 1. As per the scope, a discussion on how the project will result in a change in the aesthetic character of the site due to removal of existing vegetation. Impacts will be disclosed and mitigation identified where feasible. Although the document includes a discussion on community character and view sheds (a photographic analysis of existing conditions is included), a Visual Impact Analysis is not included in the document showing potential impacts to view sheds post clearing and construction. Cumulative Impacts (Section 4.2) 1. As per the scope: Cumulative Impacts (describe other pending projects in vicinity, determine potential for impacts due to implementation of proposed project in combination with others and discuss/analyze impacts) shall be discussed. The discussion on cumulative impacts on Page 199 is deficient. The Planning Board has an active application on SCTM #102-5-9.4 (Baxter at Griffing Street). Please make the revisions listed above, and submit the amended documents within one-hundred eighty days (180) days of this letter. 5 The Heritage at Cutchcgue - September 15, 2015 If you have any questions regarding the information above, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. 6 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 14, 2015 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications Project Name: Commercial Solar Energy SCTM#: 1000-96-1-17.5 1 JY Production System at Southold Town Landfill Location: 6155 Cox Lane, Cutchogue .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Description: This proposed Site Plan is to construct a ground-mounted commercial solar energy production system consisting of 3,456 modules at ±7'4" tall covering 1.65 acres on the existing landfill cap with a ±17' x 8' inverter and transformer along with associated ground equipment. Existing on site are ±25,000 sq. ft. of existing buildings including the Town transfer station and associated accessory structures, all on 61.2 acres in the Light: Industrial Zoning District. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Status: New Application .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Action: Review for completeness. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Attachments: Staff Report ....................................................................................................................:............................................................................................................................................................................................................................................................................................................................................................................................ Project Name: The Heritage at Cutcho ue 2015 SCTM#: 1000-102-1-33.3 1 9 9 :....................................................................................................................:............................................................................................................................................................................................................:..........................................................................................................................................................................................................: Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Description: This proposed Residential Site Plan is for development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are : proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Status: Pending :....................................................................................................................:............................................................................................................................................................................................................................................................................................................................................................................................ Action: Review Draft Environmental Impact Statement (DEIS) for its adequacy for public review. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Attachments: Staff Report ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Project Name: A & S Southold Oil Corp. Gas SCTM#: : 1000-70-7-4 1 p Station Canopy :.................................................................................................................................................................................................................................................................................................................................:......................................................:...................................................................................................................... Location: 49670 NYS Route 25, Southold .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Description: This Amended Site Plan is for the construction of a 1,568 sq. ft. canopy pursuant to ZBA File #6757 to cover the existing fuel pumps on 0.3 acres: in the General Business (B) Zoning District. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Status: Pending :....................................................................................................................:............................................................................................................................................................................................................................................................................................................................................................................................ Action: Review referrals. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Attachments: Staff Report ....................................................................................................................:............................................................................................................................................................................................................................................................................................................................................................................................ rzr MAILING ADDRESS: P.O. Box 1179 PLANNING BOARD MEMBERS Southold, NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: LL J.CREMERS s Town Hall Annex PIERCE RAFFE 54375 State Route 25 JAMES H.RICH III � '(fij (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ;.+., �� - Southold, NY Telephone: 631 765-1938 www.southoldt ownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 1, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: Hamlet Density Dear Mr. Wagner: A Preliminary Public Hearing was held by the Southold Town Planning Board on Monday, August 31, 2015 regarding the above-referenced Residential Site Plan. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, rz'�"�' �ODO Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. S �hF Submission Without a Cover Letter 0 1 2015 rFtanrhng Boaird 091 c,etv�� Sk Pub4c Sender: c��l r1 W 0.� PIA tee-- -t wed Subject: k k/i A-o`qe. SCTM#: 1000 - 1 O a- Date: q ' l / 1 e Comments: • r'��+'1 ��` 1 r n r-2 cit,k P+ Gam' C O ro p z � 'J K 00 Cn I 00 C F n N c c a I > O O � w F ¢ o E at Q Q z �f �aroo ^r c ❑ ❑ d El 'maw y�UUO d z�2 ti. CJNN> =�� c u E 3 a a d rn a N acccc0cc�U)(0 �� ❑O❑ ❑❑ E 0 c ® m Lv 2 o Z Z O co m a �J 2, 0 i °'v p m a) 8 c o 8S m LnEr __..:.. .._ : c al LL U 2).2) o o f1lJ r V"" ..t. 0 ® w w Z d `�v svl c lw�l�ul:u_ d a o o C co o a0000 CO01 c :' WOMEMENIANAMM L.n� �p') Er Cl) a) c ! fnJ co °' O Ir ' 93 o Vi wuwwwwwue ._ ul uMi a 0 0� o *-' � o ' �� VI IC C6 Y E N p1 =d n p z H u �r p Grp v aa) a a �� F o a u s a M Ri. r^ c v� .0 m O m ct a! al N c� N iuuWuuuouu®m ! 0 C � o u µ µ N Val O 0 N N V u D �h� a . E C N `J r-� W1N�IIIIIIIIIIIIIIIIr a—b Q m -c y� o c N co Jt 2 Cl CC'j WINS liiillllliiiil t N B ai 10 a— � rl M tirk� • ,c 3 t Y ¢ a1 .q O mmlmm z C3 I. a �, U C N."'! ,f� O i-� wuuuR!21iiii1 N p w E C p a1 O U.y �" QO 03 IIIIIIIIIIIIIIII Cr u U d t7) Q O ha U !!!uwuulllll j V•nLL ��. Er CD 4•; "q 'C II 4 Nf ■ ■ ■ cJ r Do NO i undfe;� Wk i{,H1�V 4:;b1 ��9,'l�iei 1 %ld,,. ■ Complete items 1,2,and 3. A Its irj�i ■ Print your name and address on the reverse Xt ❑Agent so that we can return the card to you. _ � N 3 ctlresroe ■ Attach this card t o the back of the mailpiece, B. Received b �rdf e Name pf,t f 17hry _or 46]e front if„space --rniit . 1. Article Addressed 0005 D. If YES, tea delivery � _ °• different from item 1 ��1a /mrb ery address below: ❑ No Pa1i C k Jw .1 % & l esN:ie °use r 28 () 11ig1'tlafial Road C (yl109LIel, NY 11935 ® . • ■ Complete items 1,2,and 3. A., "I"I,yektarc� ■ Print your name and address on the reverse X so that we can return the card to you. �. A9ttreasee ■ Attach this card to the back the mailpiece, Received la +r r ame) d r or on the front If spacepepermits.it„�„ t. ArticI IAddressed to: D. Is delivery address different frrltt Item 1? Yak 46180005/mrb If YES,enter deliveryd adies s,txdovu, ,ti .� No Jennifer L. & Thomas P. Foster PO 1Jx 1035 Cutchogue, NY 11935 Service Type ❑Priority Mail Express® • • ® s e ■ Complete items 1,2,and 3. A. Signature t ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. _ Addlesee ■ Attach ld to the b the mailpiece �eceived�( te ) C�V a d �i lepl s, or on the front p permits. 1. P.r ale Addressed to: W D. Is rtellvesY trl+lie s different from item 1 -_1 46181.0005/mrb If YES,enter delivery address below: ❑ No DiBorghese Castello LLC 17150 CR 48 PO Box 957 Cutchogue, NY 11935 3 Service Type ry 0 Priority list{M ail E IPRest®Restricted 7CertifiedMaIr Restricted Delivery ❑FN,y�'I�cr�se JM 9590 9401 0079 5168 4532 78 0 Certified Mail Restricted Delivery Roturn Reooipt for ❑Collect on Delivery M rr,#1fNrtdla 2 Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 7 015 ❑Insured Mail ❑Signature Confirmation 06411 0 0 0 5 9 2 6 8 _a I,n I Restricted Delivery Restricted Delivery .. 9631 PS Form 3811,April 2015 PSN FFtt ti, 6.tfi it1 'S Domestic Return Receipt m • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. • Attach this card to the back of the mallplece, e Vary or on the front if space perri-ilts. Q.....—------------ --- '46J81.0005/1-nrb D. Is delivery address different from item -U Yes Cynthia Lake If YES,enter delivery address below: ❑ No 2270 Highland Road Cutchogue, NY 11935 • Complete items 1,2,and 3. A. Sigr ur, • Print your name and address on the reverse I x ee so that we can return the card to you. -------................................. BBB .......... • Attach this card to the back of the mailplece, B. Received by(Printed Name) rliw or on the front if space permits. Z110 --- -- . . .. ............ .....— -------- ... ... ------------------------------ --- k.................... 1. A4618,1,000 '' D. Is delivery address different from item i EJ Yes 51mrb AIf YES,enter delivery address below: ❑ No nj o Ltd. Att: Joseph E. Nolan 8910 SOundview Avenue Southold, NY 11971 • Complete items 1,2,and 3. A. Sk • Print your name and address on the reverse El Agent so that we can return the card to you. x El Addressee Dai Delivery • Atach this card to the back of the mailplece, B iotod Name) C� Wof DeliIve Orton the front if space perinIts,, ................. ........... —----- ................... ............... D. Is delivery address different from itern 1? ff Yes If YES,enter delivery address below: ❑ No aj tj Avenue 42 7 ()StJ`(`,V1de lcf , NY 11901 3 • IIIIII Complete items 1,2,and 3. A. rpll • Print your name and address on the reverse 0 Agent so that we can return the card to you. ..x El Addressee .............. • Attach this card to the back of the mail piece, ltkx,ved by(Printed Name) [400 Of Ijellwy or'on the front if s pare permits vl -'-A .2 9, -—--------------------------- ---�-3 D. Is delivery address different from item 17 ii Yes-......46181,0005/nirb If YES,enter delivery address lxjo I.......................'ll" Dotiglas & J�ydia 21,11.11S 1750 E�I,eqq,e Cul[ChOgLIC, 193 5 C, I Service Type E3 Adult Signature Adult Signature Restricted Delivery\ Registered Mail Restricted Certified Mail® Delivery 111111 IN JI 11111111111111 1�I 1111111111 1: 6texf Mai 9590 9401 0079 5168 4533 39 El certified Mail Restricted Delivery 'IlIlil Return Receipt for 0 Collect on Delive ......... — ............—11, -----------I'...----................,7 Merchandise 2 11-1 -)silvery Restricted Delivery 0 Signature ConfirmationTIM 7015 0640 0005 9268 9693 1 1;l Signature Confirmation Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 753 -02-000-9053 Domestic Return Receipt M ® 1,small= • Complete items 1,2,and 3. A. ftnatulre Al Agent //,Z • Print your nam and address on the reverse X Addres see so that we caneeturn the card to you. ------------------------- B. Received by(Printed j------------ IIIIII Attach this card to the back of the mailple,ce, I of�liviror on the front if space permRs. S ...................... ................ .. .........— --—---------—------------ --------- ......... ................. Arifirp.q.qed to- D. Is delivery address diffe 1? rj Yes 4618 I,oOO5/ml' 1-f Y r item b ES,enter delivery address below: No Wade Hubschmitt 31 Martha Street Freeport, NY11520-6239 3, Service Type 0 Priority Mail Express® I 11alluill I l Will I Witilln 0111 lillit r-1 AAA Qi—fi.r. F-1 P.H.O.—I MAilTIA 6�` Name) rent from t0literns 1 2,and 3. A. SilllIr, Pre y urname and address on the reverse 7 � el��' -- [I so that we can return the card to you, X 4,;, resil . ........... ................. t B, Per I-od�)y(Printed,Nar C. Date of Delivery rt 0 Attach this card to the back of the mailplece, or on Wfront ifspace permits. ............ 1 1. �Gcle, .......l4jillimssed to: D. Is delivIll address difflemint from lliepyr? 0 You 4ti 10005/mrb If YES,enter delivery addrqip,,U,lelii,,;v, N, Church of Sacred Heart Frr A "I liefilitel 'V. Flanna Bata, Fsq. Ose ol"Wickville I V, Park Av,e_/1'Orl 9023 kbckvifle Cel NY 11571-9023 W00101,41 001 )MOORIOU WNAIUI, I CIA*PI 0 IN A,*s**4 Service Type EJ Priority Mail Exores-s6l) luip! I 0 i • Complete items 1,2,and 3. A. Sill t a • Print your name and address on the reverse El Agent X ( so that we can return the card to you. 0 Addressee- ........ ............................. • Attach this card to the back of the mailpiece, 1) "OV M 1 1: A Of De i"ol or-on-the. front.... .. if-space.. permits .............................. . ..... ... ........ 1. Art' ' nd to D. Is delivery addirrms different from item 17 181.0005/mrb If YES,enter delivery address below: [j N Robert & Joyce Barry 1855 Depot Lane CutchOgue, Ny 11935 =Z • Complete items 1,2,and 3. A. Signature 0 Print your name and address on the reverse Xww ❑Agent so that we can return the card to you. ❑Addressee ............. ............ • Attach this card to the back of the mailpiece, yl il I Of i li'�v"eiy or on the front if space perl D. Is delivery address different m item 1 01 yes 411.0005/mrb If YES,enter delivery address below: "0 No David A. & Donna M.Cook 30_50 Highland Road Cutchogue, NY 11935 .j. ciervice Type 0 Priority Mail Express® EJ Adult Signature 1-1 Registered Mall- iJAdult Signature Restricted Delivery \0 Registered Mail Restricted Certified Mail® Delivery 9590 9401 0079 5168 4533 53 U Certified Mail Restricted Delivery N.1 Return Receipt for EJ Collect on Delivery Merchandise 2. Article Number(Transfer from service labali "",I Collect on Delivery Restricted Delivery El Signature Confirmal 7015 0640 0005 9268 9716 ail El Signature Confirmation all Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt Y X ■ Complete items 1,2,and 3. A Agent p ❑ ■ Print our name and address on the reverse X Signal, �IIr�V � so that we can return the card to you. pe- B, �Iom� &� rir r d N as°nand C. Yratr of tars yr ryri� pl Yes or on thelfrot if..to the perm{sthe mail lece, D. Isdellive ■ Attach I, Arl�618 delivery address different from Item 1°(r)0 If YES,enter delivery address below: I,:,"1 No "1laccrat'� 1�tt11r �-1a'a,�^�rrtal'1 650 NY 11935 U 01 s r ® • • • ' • • ■ Complete items 1,2,and 3. A, S1gnr "Are ❑Agent ■ Print your name and address on the reverse X " Aldo ararr M,. so that we can return the card to you. Re"Ieli 4a. sgle of Delivery ■ Attach this card to the back of the mallplece or on the front if space permits __— D�.I �� ary aaddlnSs dltlk fraarn r 7 .�Yes A 46181.0005/mrb ewater deli "Y 088,301 ❑ No Charles J. & Jean T. Zahra 1p PO Box 1137IC tjj Mattituck, NY 11952 ■ Complete items 1,, ,"dnd 3. ire e A Signature you. �°...... E.1 Agent ■ Print your name and address on the reverse X c 0 Addressee so that we can return the card to ,rt by(Printed N read C G o e e� p B. rra v wlr^ . I� Dali y a oo nthetfrronetft ace permits. he mallplece, ve ■ Attachthis car tote backo t�— D. Is deliveryaddress t4ltarrcrrt ram ite m 1? .�Yes 1 Art '16181„0()05/I11l If YES,enter delivery aaddre s below: ❑ No Town of r� 'ttt hold PO Box 1179 S011thold, NY 11971 __mnuu•uiiuuu•mwiuw•u_wuuwa�ulmmH_�uiuuuiy lml•�_u�� Service Type_ ElProriliv MafiExnatasb Complete items 1,2, and 3. A. Signature ,,,,, p Agent �N111(your name and address on the reverse Aso that we can return the card to you. � � dale"""try ■ Attach this card to the back of the mailpiece, 0 R nel d by(Printed Name) r�atrs f• eliv u,y or on the front If space plulalts. .aWW. .. ...��.. 1 ' D. Is delivery d .V.7 different from item 17 Yes 1(118 1.00(15/gzq,p�t� If YES,oavEsY�dalivary address below: ❑ No Wi111'�taa ! . ` Va oa«Ira Vt..tt:Z 20601.f1g1r.1a11c1 1�oa<l. 'U c1"ro ire, NY 1 ,1935 I VV YY ggygy Y C I�� tl l� V �� ❑.Im l Servb a ry npe ❑Priority Mail Expre ss® Ag Slignoturn Registered MailTM Ara Signu lnadrrad Delivery �❑Registered Mail Restrict ed tl1 U t C rwiftld3ed Maillib Delivery 9590 9401 079 4532 30 ❑f,eiflllfed Mall f'e�Ifd�Rdsa#Delivery Return Receipt for ..... ❑Collect on Delivery Merchandise 0 " ❑Collect on Delivery Restricted Delivery Signature ConfirmationT^ 2. Article"Number ransfer from service label) r ,,, ,"ill ❑Signature Confirmation 7 015 0640 0005 9268 9594 Ill Restricted Delivery Restricted Delivery �rvw ,�.•PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 100 MOTOR PARKWAY,SUITE 156 UMLMANBAtINHAUPPAUGE,NY 11788 jN" t,` PHONE:631.979.3000 FAx:631.979.7070 www.certilmanbatin.com JOHN M.WAGNER PARTNER iwagner0certilmanbalin.com August 27, 2015 � VIA FEDEX DELIVERY Town of Southold Planning Board ALJG 2 8 2015. Att: Donald J. Wilcenski, Chairman Town Hall Annex n1uflnuld'Town� 54375 State Route 25 Mnining 13oard Southold, NY 11971 RE: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, Corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM #1000-102-1-33.3 Our File#46181.0005 Dear Mr. Wilcenski; In connection with the August 31, 2015 preliminary hearing for the above-referenced matter, I enclose herewith: 1. An Affidavit of Posting, with pictures of the posted sign; and 2. An Affidavit of Mailing, together with the certified mailing receipts, a copy of the notice sent, and a list of the owners to whom the notice was sent. No signed green return receipt cards are submitted herewith because we have not yet received any such cards by return mail. Should we receive any such cards prior to the hearing, I will hand them up at the hearing. Thank you for your cooperation. Very truly yours, John M. Wagner Enclosures i.n lEt'llILMAN 13ALIN r i n i,,iiz&ll:.:1.YN4AN,LIT 3151659.1 NASSAU OFFICE:EAST MEADOW,NY 11554 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as The Heritage at Cutchogue, LLC SCTM 1000-102-1-33.3 - 75 Schoolhouse Road on the corner :of SchQothonve Road :& Griff ng;'Strreet .- Ctitdhogue.=1,. by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on 8 f 3,t/15 receipt cards of whi o every property Peter Sloane s.W q Your Nar°ne (print) ' ) Signature 301 29th Street, 463, Union City, NJ 07087 Address August I 2015 Date Notary Public ,lt)t,,,IrY, 1�t,P)IGr 1.69+ r 1Njew Y'w 1G111fl rl k6 SU Ir 4 1X Cd"hl9M° PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon Fri. 8/28/15 Re: LC SCTM#s: 1000-102.-1-33.3 Date of Preliminary Plat Public Hearing: Monday, Au ust 31 2015 6:02 p.m. �w om i r C: cz CCL: -0- C/) 0 q cr W CD CD Co CD CD fl5i cn ca IHJ 4CD M will it 'v � y ," I m CD 0 1E o Wy 1 1 umi Iw C --4 0> =mom (ni d,r1 r 0000-1- CO jmg mm CD C ' gyp, P co ,F � m m CL CD MN/ �i p jCO tny`I✓t` �irr � ��, pN � �� f ai'I l�pr�� ✓ � i�� /oot � ✓ 1 ��^ ,✓ ' ,pf w✓ its � Ilry�/0�7� i ��r /✓� � � ✓- "�r�/a �nt�t 1 f�,i0 ,fly ��✓�'ulr m ii°P ¢ �� Q r i �� ✓l�lil Y /li �� ip1�,ry / `��'ii�'al��l � rrr u irr �/J Y e i+d l rvn'7a 4 ry 1 a lr .✓r „� /jf'�� ✓� v ^kta a^�'��fE�l�e i ry�� Ipt"�ml�i � ��i �" �� +�J x i i � � �1 l 7yd ✓ r r ✓ lsri✓i Inh Y i ^' nj 'i o �� J✓w erb ✓"w-�h'"�� f'��i pll r�✓✓Stll� r u'" ; I( �'�,�✓ ��✓ � °,,, �� ti�va " ru��uu��Krd'� �id��Wyj�r��rt��i-�, '�� r 1'�,°„ pPn rl �(�� /ir A+�7 ��/Irir � /nf e'14�°°�"�f�� i �pYi ti j✓� �„ ;�� r; l ✓ rr s '� n l xt r� ��9 i � a � f rN�J�dt' ��µu/ ✓�/1J Ot'r ri ��110�� JD r'� ,� / � 'u �7 tT � � .�u%1Gn/ -:rb / I� /tip ✓n t �o-',��J✓,n�' ":�"° f � ' � ,..� a i, W �l M�i>>r w�✓rar�uitY �' rp i o i t�� rNr jdu'�jr�"�,./�a,1rl n7 � r r �+ N✓rJr✓ � �,�m ��pi ,Y F I� �r�� r�w �� ✓ �w y � y iaur �i �, �' i ✓ �r �i r " y �` �x r;✓ 5rr� i ,t 1 it r✓ � , )4(��I�r 9� �r �r lr� i ay �'y srf✓ /r1 � i � V- yin �'- �r✓/21 rr .t �l /at/ Jr t a i t ce�' r i I p n t,�i ✓ � u�yt r � ,- ,w �t� u h" /✓ 't6 %r ��:6✓ ✓r 6, /m ° e ry ✓ r t � d ,o. � P"y � � ,� 1, � it µ �� t u✓ � �� r j/ �;�)i ��i� �- Mry , fir, t ;,� ,r /� ✓ p w r � l� 'F ,,,, /�r0/ia ir�W�Y�" i 1/✓ t ,X d � i��1 p� ��, , o �6w jl - �✓✓ �r � N/,�'�/✓�� ✓ �,��l l� �x r �i r rJ�n'r� rl � ,, N r ✓ 1� I)�, r r lr ✓ � rpl � i ✓ All Vt ta r ✓ //J�f t�/ N r t r �Gi 77 ,i; t6' 9 ii uitl ,�E (nit r �fj� nat r yrcr %i / �� h ✓, i ,l� M%' M�/, i ✓ Y� �j/ ✓ t �i r '�✓f/,F, l��'J v",l'`�� l�wp° ! 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New York Nal N:EO17174 Nq�ll�lrartl iq'h u,oNPrrW9 '�erNv� PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon Fri. 8/28/15 Re: Pro osed Residential Site Plan for The Herita eat Cutcho ue LLC SCTM#s: 1000-102.-1-33.3 Date of Preliminary Plat Public Hearing: Monday, August 31, 2015, 6:02 p.m. Southold Town Plannin Board Noticei cent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Residential Site Plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-102-1-33.3; 3. That the property which is the subject of this application is located in the Hamlet Density Zoning District; 4. That the application is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel. The property is located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d Fl., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Site Plans", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Carol.Kalin(j5)-town.southold.ny.us; 6. That a Preliminary Public Hearing will be held on the matter by the Planning Board on Monday, August 31 2015 at 6:02 p.m. in the lVlggq Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: The Heritage at Cutchogue, LLC Date: 8/11/15 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit,site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name:The Heritage at Cutchogue, LLC Address: 1721-D North Ocean Avenue, Medford, NY 11763 Land Owner(if other than applicant): Nocro, Ltd. Land Owner Address: P.O. Box 1, Peconic, NY 11958 Description of Proposed Project: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48'7ype A" units(1,999+/- sq. ft. livable area), 72'Type B"units (1,699+/-sq. ft. livable area)and 4'Type"C"units(1,999 +/-sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq.ft. community center with a i:1,125 sq.ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Property Location (road and tax map#): 75 Schoolhouse Road,on the corner of Schoolhouse Road &Griffing Street, Cutchogue Is this parcel actively farmed? Yes No Names&addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: /1. SCTM#1000-101-2-21.3, 102-1-3.3 &3.4: DiBorghese Costello, LLC, 17150 CR 48, P.O. Box 957, Cutchogue, NY 11935 2. SCTM#1000-102-1-5.2: Rose's Vineyard, LLC, P.O. Box 914, Cutchogue, NY 11935 A. SCTM#1000-102-1-9.1: Robert&Joyce Barry, 1856 Depot Lane, Cutchogue, NY 11935 Att Ili a tax map or other map showing the site of the property where the project is pr ad relative to the location of farm operations identified above. The a it at Cur,c). gue, LLC Q� pll nt/Agent "ignature Date sy: ire gi;mlan i, Managing Member i� � a< d! H/ dMl✓U� �\ N � � ,d. AI Mtll�iry 03 ti �ti y O "., era � Flluii�uv P 6 r x` o F COUNTY OF U S SFFOLA9 C Y s 102 z WTI 02 A- I\k aft, 10,11 Y, If Yb '14 .......... IAIII SUFF- OLK Cumoio ReUraNp��yo oTa.S—i��Ag' 101 DIST: 1000 SEC: 102 BLK: 1 LOT: 3.4 DIBORGHESE CASTELLO LLC J 17150 CR 48 PO BOX 957 CUTCHOGUE, NY 11935 DIST: 1000 SEC: 102 BLK: 1 LOT: 4.6 LEBEL ROY LEBEL DEBRA 1755 EVERGREEN DR CUTCHOGUE, NY 11935 DIST: 1000 SEC: 102 BLK: 1 LOT: 4.7 JUNG RICHARD G JUNG JEAN T V 7800 CALLE PINABETE CARLSBAD, CA 92009 DIST: 1000 SEC: 102 BLK: 1 LOT: 4.8 BURNS DOUGLAS BURNS LYDIA 1750 EVERGREEN DR CUTCHOGUE, NY 11935 DIST: 1000 SEC: 102 BLK: 1 LOT: 4.9 URWAND VINCENT ` I URWAND RUTH �l 1650 EVERGREEN DR CUTCHOGUE, NY 11935 DIST: 1000 SEC: 102 BLK: 1 LOT: 5.2 ROSE'S VINEYARD LLC PO BOX 914 CUTCHOGUE, NY 11935 DIST: 1000 SEC: 102 BLK: 1 LOT: 9.2 � GRATTAN BARBARA 427 OSTRANDER AVE RIVERHEAD, NY 11901 DIST: 1000 SEC: 102 BLK: 1 LOT: 18.1 RC CHURCH OF SACRED HEART ATTN: MICHAEL V FLANAGAN ESQ DIOCESE OF ROCKVILLE CENTRE 50 N PARK AVE, PO BOX 9023 DIST: 1000 SEC: 102 BLK: 1 LOT: 23.1 ZAHRA CHARLES J / ZAHRA JEAT T �.� P BOX 1137 MATTITUCK, NY 11952 DIST: 1000 SEC: 102 BLK: 1 LOT: 33.4 ANJO LTD ATTN:JOSEPH E. NOLAN 8910 SOUNDVIEW AVE1 SOUTHOLD, NY 11971 DIST: 1000 SEC: 102 BLK: 8 LOT: 22 FOSTER JENNIFER L FOSTER THOMAS P PO BOX 1035 CUTCHOGUE, NY 11935 DIST: 1000 SEC:102 BLK:8 LOT: 23 COOK DAVID A COOK DONNA M 3050 HIGHLAND RD ,' CUTCHOGUE, NY 11935 DIST: 1000 SEC: 102 BLK:8 LOT: 24 CASEY PATRICK J JR CASEY LESLIE w 2890 HIGHLAND RD CUTCHOGUE, NY 11935 DIST: 1000 SEC:102 BLK:8 LOT:25 HUBSCHMITT WADE 31 MARTHA ST 1 FREEPORT, NY 11520-6239 1 DIST: 1000 SEC:102 BLK:8 LOT:26 HUBSCHMITT WADE 31 MARTHA ST FREEPORT, NY 11520 DIST: 1000 SEC:102 BLK:8 LOT:27 LAKE CYNTHIA 2270 HIGHLAND RD CUTCHOGUE, NY 11935 DIST: lOODSEC:1D2BLK:8LOT:28 VELEZNDLLIAK4F VELEZVIVIAN °N 2O6O HIGHLAND RO ~ CUTCHOGUE, NYII9]5 DIST: 1OOOSE[:1O2BLK:8LOT29 | MA03NOSTEVEN E � S8S DUNE RO �^ � VVESTHAK4PT<]W, WYlI977 DIST: 1OUOSECAO2BLK:8L[)T:3O | SORK4ELEYZ[>RAOPRT � 2095D28THAVE - 8AYSlDE, NYI136D mm I mNW � Quiff N!IW mmnl @III T 1-3 Y O WI ;mll A. G',:N MmN uW W � i. a. 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All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: The Heritage at Cutchogue, LLC Address: 1721-D North Ocean Avenue, Medford, NY 11763 Land Owner(if other than applicant): Nocro, Ltd.. Land Owner Address: P.O. Box 1, Peconic, NY 11958 Description of Proposed Project: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Property Location (road and tax map #): 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: 1. SCTM#1000-101-2-21.3, 102-1-3.3 & 3.4: DiBorghese Costello, LLC, 17150 CR 48, P.O. Box 957, Cutchogue, NY 11935 2. SCTM#1000-102-1-5.2: Rose's Vineyard, LLC, P.O. Box 914, Cutchogue, NY 11935 3. SCTM#1000-102-1-9.1: Robert & Joyce Barry, 1855 Depot Lane, Cutchogue, NY 11935 Attach a tax map or other map showing the site of the property where the project is proposed rel a to the location of farm operations identified above. nt ignb u� ". t. ,te j�1� �� t Southold Town-Planning Board Work Session - August 17 2015 - Page 2 __. Project Name: Commercial Solar Energy SCTM#. 1000-96-1-17.5 Production System at Southold Town Landfill ..�..w._ Location: 6155 Cox Lane, Cutchogue �. Description: This proposed Site Plan is to construct a ground-mounted commercial " solar energy production system consisting of 3,456 modules with an a inverter and transformer along with associated ground equipment. Existing on site are ±25,000 sq. ft. of existing buildings including the Town transfer station and associated accessory structures, all on 61.2 acres in the Light Industrial Zoning District. Status: j New Application gg - I Action j Review for completeness. Attachments Staff Report Project Name: The Heritacge at.11 Cu tchogue 2015 SCTM#: � 1000-102-1-33 3 Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: This proposed Residential Site Plan is for development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 r +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. .. ......... Status: Revised Application Action: Review for completeness, and review timelines & process. Attachm ents: Staff Re Port.. .. Discussion: Comments to ZBA re: ■ Southold Farm & Cellar, SCTM#1000-55-1-7, 860 Old North Road, ±730' n/e/o Hortons Lane & Old North Road, Southold ■ Sannino Winery & Tasting Room, SCTM#1000-101-1-14.4, 7495 Alvahs Lane, Cutchogue Southold Planning Department Staff Report Site Plan Application Work Session - Completeness Date August 17, 2015 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. II. Action Review all staff comments in review of the revised application for completeness; review the changes from the previous submission. Review the timeline and process going forward, including the SEQRA/DEIS review timeline. III: Analysis Site Plan application completeness With reference to the Planning Board letter dated August 5, 2015: The Planning Board has reviewed the revised application received on July 16, 2015. The Board finds the application consistent with the Stipulation of Settlement, however the application remains incomplete. The items remaining to make the application complete are the following (these were also requested in the April 22, 2015 letter): 1. Add a key for the symbols on the Existing Conditions plan. Submitted: Yes, a key for the symbols of the existing conditions plan has been provided on a separate, supplemental sheet to the existing conditions survey; 2. Provide complete floor plans and architectural elevations (all sides) of all buildings, along with all relevant dimensions. 1 Submitted: Yes, floor plans have been provided for proposed dwelling buildings A-1, A- 2, B-1, B-2, C-1 and C-2 but no updated floor plans or elevations have been provided for the proposed clubhouse; 3. The following were missing from the last set of architectural elevation drawings and must be included: a. Height to highest ridge; b. Dimensions of all proposed basement windows; c. Unit B-1 second floor plan (windows/dormer shown); d. Floor to floor heights; e. Distance from grade to first floor ; f. Distance from first floor to second floor; Submitted: Yes, revised building elevations detailing the requirements above have been provided 4. Provide more information about the phasing of the construction, including illustrating on a Site Plan which units and infrastructure would be built in each phase. Submitted: Yes, a phasing plan detailing four phases of construction has been provided as page PH-1; V. Staff Observations — the revised plans as com ared to the previous plans 1. In the last letter on completeness and consistency with the concept plan in the stipulation, the Board stated the following: One area of ongoing concern for the Board is the handling of wastewater for this project. The Concept Plan showed seven centrally located clustered systems, while the application changed that to 36 systems located on the outside of the buildings. a. Submitted: the revised site plan is not much different than the plans submitted previously with respect to the handling of wastewater—the revised plan shows 37 clustered sanitary systems; the handling of wastewater for this project will need to be reviewed carefully in SEQRA based on Nitrogen loading concerns and mitigation, however, it need not hold up the continuing review of the application at this time. 2. Decrease in number of residential units from 130 to 124; 3. Decrease in livable floor area from 245,000sf to 219,076sf; 4. Change in unit design A & C. Units A & C are proposed as 3-bedroom now, previously 2-bedroom for all proposed units; 2 5. Open space remains proposed at 50%; 6. Decrease of overall parking stalls provided from 296 to 284; 7. Second parking area of eight (8) parking stalls added; 8. One tennis court has been eliminated. Five (5) parking stalls including two (2) ADA have been provided and are excluded from the overall parking total; 9. Sidewalks have been added to one side of the proposed roads; 10.Road configuration has been modified slightly to provide two road loops to the east, the road to the west remains the same; 11.An interconnecting exercise trail has been provided with crosswalks; 12.Putting greens have been eliminated; VI: Staff Recommendations 1. The application is now complete as all items submitted in the previous letter have been submitted and/or addressed. 2. Send referrals of the application to interested and relevant agencies as follows: a. NYSDEC; b. SCDHS; c. NYSDOT; d. SCPC; e. Town Engineer; f. Building Dept; g. LWRP; h. Cutchogue Fire District; i. Fire Marshall/Code Enforcement; j. Architectural Review Committee (ARC); k. Town Board; 3. Send update letter to involved agencies with regard to SEQR and DEIS review for this application 4. Hold the preliminary public hearing on August 31, 2015. 5. Process going forward 3 #12384 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 20th day of August,, 2015. ..� '' �� .c� _ l Principal Clerk Sworn to before me this I day of LX4�4AlYf�l `� odev orf""atfalNft Tll auttat (")"fffa 'I ffl�ffl�1 ° rMt:r1 t1.lrat,l wa�i 4rrwtu't`I`ea rligttf XIV Oaf flnr� CHRISTIM1IA i!®LI�ISKI .°Odit;trl N �l p tail° alaitlntal -gtrrf+ lie lnearhija will;l10'111 ht try NOTARY PUBLIC-STATE of NEW YORK N�, Ol i1a�6105050 tlrr9l,l§trxbra C'tt,4ar1 Splohok n Now Yorlr. on,the, 015 rail l,W, Qualified In Suffolk County tlarawtlitrrN �I�r�"��I p My Commission Expires February 28, 2016 Ertl gt tta f ranfatara Lq 11 . Plans for, a^ylt,rft ,apirna"fir�rae,aVts Cl At 12() Vor, lrl" l,tar a, � the �a�tiri eaast C00141w of Sf; r�tdlr aft°r � G (,Iorwin Siroct, Given)OAlg �" o rwt- t�ur��trainta�'tyrttUl nn�Sctl�'�llr,�r�a� fri" lr. "�r°�°, llfl'trl " Comity miry '6x MOP ,lnattjfa�r I l.mtlfy�IS_;�.: 44,2 fin u t ilrf ra as 1 l mta2i t aft401;rf� fta�,ritrl,,��,,,f,Sa�� NI��aOsrry N�farrffro� fur tllact Tatra t yr. rrGnrataYft we, f'll lffffu Str, r A ,0"I tlrai oo, Toth of Soutiv,&I, (U,)Iraaaty pf siiffrfik,State of. Neot otk S'Off tlk t,'.oumy'Dix MUp! N uiub°r I fl00.10 I.3M33 Dote : Shv i BY 0JkDTA1;,0V 1"1-i"ly' Sfy lallrlj "b y 11,1W N+ I;opald JWWitferaslki' 0 iir"ruaar 12,j$4 11"tl,d"20 MAILING ADDRESS: PLANNING BOARD MEMBERS �dU,r�� P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III aCJ" (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR 4 � Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXIV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 31st day of August, 2015 on the question of the following: 6:01 p.m. Proposed Site Plan for ADF Ventures, located at 620 Corwin Street, on the southeast corner of Seventh Street & Corwin Street, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-48-2-44.2 6:02 p.m. Proposed Residential Site Plan for The Heritage at Cutchogue, located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-1-33.3 Dated: 8/12/15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, AUGUST 20, 2015 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Kalin, Carol From: Cerria Torres <ctorres@timesreview.com> Sent: Wednesday, August 12, 2015 10:31 AM To: Kalin, Carol Subject: Re: Legal Ad for August 20 Edition of Suffolk Times Importance: High This notice has been scheduled to publish in the Suffolk Times on 8/20/2015. Thank you rTi M65 IlLwIEVV f. m MEDIA GROUP Cerria Orientale Torres Display Ad Coordinator 631.354.8011 (D) ctorres �timesreview.com legals _timesreview.com www.timesreview.com From:<Kalin>, Carol <Carol.Kalin@town.southold.nv.us> Date:Wednesday, August 12, 2015 10:29 AM To:Times Review<legals@timesreview.com> Subject: Legal Ad for August 20 Edition of Suffolk Times Please print the attached legal ad for the August 31s' Planning Board Public Hearings regarding the Site Plan for ADF Ventures and the Residential Site Plan for The Heritage at Cutchogue in the August 20, 2015 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin Secretarial Assistant Southold Town Planning Board Town Hall Annex at Capital One Bank 54375 NYS Route 25, P.O. Box 1179 Southold, New York 11971 631/765-1938 phone 631/765-6640fax 1 PLANNING BOARD MEMBERSf MAILING ADDRESS: P.O. Box 1179 DONALD J.WILCENSKI � ''; Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS 00. Town Hall Annex PIERCE RAFFERTY ` 54375 State Route 25 JAMES H.RICH III �� ,�$j (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR T1,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXIV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 31st day of August, 2015 on the question of the following: 6:01 p.m. Proposed Site Plan for ADF Ventures, located at 620 Corwin Street, on the southeast corner of Seventh Street & Corwin Street, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-48-2-44.2 6:02 p.m. Proposed Residential Site Plan for The Heritage at Cutchogue, located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-1-33.3 Dated: 8/12/15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 13th day of August, 2015 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board Southold Town Flail 53095 Main Road Sot.9thold New York 8/31/15 Public Meeting: 6:01 p.m. Public Hearing for the proposed Site Plan for ADF Ventures, SCTM#1000- 48-2-44.2 6:02 p.m. Preliminary Public Hearing for the proposed Residential Site Plan The Heritage at Cutchogue, SCTM#1000-102-1-33.3 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of V� Sk- , 2015. .. . Notary f tti)Ii'c MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01 D04634870 Qualified in Suffolk County Commission Expires September 30, MAILING ADDRESS: PLANNING BOARD MEMBERS' OF S , P.O. Box 1179 DONALD J.WILCENSKI � � ',. Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.LEERS r ± Town Hall Annex PIERCE FERTY ,G 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR 'y CDUN� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE ' TOWN OF SOUTHOLD August 11, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board has received the items listed in their letter of August 4, 2015, and has now found the application referenced above complete. The Preliminary Public Hearing has been set for Monday, August 31, 2015 at 6:02 p.m. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, for the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of egging along with the certified mailin recei is AND the signed reen return receipt cards before 12:00 noon on Friday,August 28,01. The si n and the post must be returned to the Planninq Board Office after the ublic hearin is closed. If you have any questions regarding the information above, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski, Chairman Encl. cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. Southold Town Planning Board Notice to Adjacent Proper!Prppqr!y Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Residential Site Plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-102-1-33.3; 3. That the property which is the subject of this application is located in the Hamlet Density Zoning District; 4. That the application is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel. The property is located at 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1, Go to the Town of Southold website www.southoldtownny.gov; 2, Click on Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Site Plans", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Carol.Kalin(c_town.southold.ny.us; 6. That a Preliminary Public Hearing will be held on the matter by the Planning Board on Monday, August 31, 2015 at 6:02 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: The Heritage at Cutchogue, LLC Date: 8/11/15 Notice to Adjacent Property Owners The Heritage @ Cutchogue 75 Schoolhouse Road Cutchogue, NY SCTM#1000-102.-1-33.3 1. 102.-1-23.1 2. 102.-1-9.2 3. 102.-1-5.2 4. 102.-1-4.6 5. 102.-1-4.7 6. 102.-1-4.8 7. 102.-1-4.9 8. 102.-1-3.4 9. 102.-1-18.1 10. 102.-1-33.4 11. 102.-1-20 12. 102.-8-22 13. 102.-8-23 14. 102.-8-24 15. 102.-8-25 16. 102.-8-26 17. 102.-8-27 18. 102.-8-28 19. 102.-8-29 20. 102.-8-30 ! ZY a d• �y � 411 d / Q ........... "4y a -_— �� \ ago 4�` e •� $ n�ir" t'^Im ~ _i a s, v A^ o. m w ss a m O �tJ xa 2 \ e "w COUNe rtO�F ScU�FFO�A9© 102 /, lnnm mr ."r, ,.r n l�iw/grmam �r'I1fiAr71mn �r�9 7 ,(,1, DYN%r'DJwii�/,�L'��'X'1111,��J%'� �I�17;�i�I��I/°�F%'fiG�Ylil�l�a)lY�/Jd��6!! n"�111�i rlf7Y1kr`i,�`/�i'-'�`�t�iJ,sl"illPli�,ll;,d/�r11,1.7,i,,, , AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: The Heritage at Cutchogue, LLC Address: 1721-D North Ocean Avenue, Medford, NY 11763 Land Owner(if other than applicant): Nocro, Ltd. Land Owner Address: P.O. Box 1, Peconic, NY 11958 Description of Proposed Project: This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. Property Location (road and tax map#): 75 Schoolhouse Road, on the corner of Schoolhouse Road & Griffing Street, Cutchogue Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: 1. SCTM#1000-101-2-21.3, 102-1-3.3 & 3.4: DiBorghese Costello, LLC, 17150 CR 48, P.O. Box 957, Cutchogue, NY 11935 2. SCTM#1000-102-1-5.2: Rose's Vineyard, LLC, P.O. Box 914, Cutchogue, NY 11935 3. SCTM#1000-102-1-9.1: Robert & Joyce Barry, 1855 Depot Lane, Cutchogue, NY 11935 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date „M ME ITI'll:aa 0 7/7 N(/%00 COUNTY OF F SUFFO FK.,a R IP iy75 A9� Y� *nan 101 � . a "�„ es �nI�UMwimull P`ililll9 `,� �ilWm�ml�� _ f �• '�.b ��I��P4'W A �y nn� �✓ � �' �' � �`�„ � ^'r a emu„ �u�u� UNI mho e lCOUNTY p OF SFFO 0�5.0 Y x 102 ....tt.� •`�" arv. AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon Fri. 8/28115 Re: Proposed Residential Site Plan for The Heritage at Cutcho ue LLC SCTM#s: 1000-102.-1-33.3 Date of Preliminary Plat Public Hearing: Monday, August 31, 2015, 6:02 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested,posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 - N 3� o �� 91 _ ;v Za� N p � � � CD ) � o M M og = � 0 cD Q.ca O Z OCl)y C rt _ ° � v v � ( a (Dy o0 CD ' m ouo .� ,= >m< to r N� 3m C) z I F Or- (D ° cn � � 2 rn A) SU N co� a = ' cD .N 0 ( y O y� o 0 o C 0. (D, r V ' (MON CD 0 Cj) Q. �D < UJ n C 0 y m � Cl) ID� ° . � � , �� _ _ MMIin N n O y � 0 n � 9)�^ j+ no WCD (.0 L 0 0 > G) z Q. O flrCD CL gru tu mn MML 9 �° °� MO C " � r a I � < �� CL r A) < =r a� ° Q A) �(. ■ ■ 3 = - N 0 rr p1 ,G n O a) QN `° (0) rn IV (D w _ y y �_ n A) �.-0 Q O � ' �, 'a ■ n N C j D CD !v O � cD ■ rr N CD � � N N CD (1) 00 .0� 100 MOTOR PARKWAY,SUITE 156 UERTILMANBALIN HAUPPAUGE,NY 11788 PHONE:631.979.3000 FAx:631.979.7070 mm.certilmanbahn.com JOHN M.WAGNER PARTNER iwamer(a)certilmaubalinxom August 6, 2015 BY FEDEX DELIVERY [E" C E Planning Board of the Town of Southold 17 Town Hall Annex (Capital One Bank Building) — SoutholdTown 54375 State Route 25 Plwik'ilgl Board P.O. Box 1179 Southold,NY 11971 Re: Site Plan Application for The Heritage at Cutchogue-- North Side of Griffing Street and School House Lane, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Honorable Members of the Planning Board: As requested in an e-mail from Heather Lanza to me dated July 31, 2015 and also in a letter from the Planning Board to me dated August 5, 2015, 1 respectfully submit herewith the following, in furtherance of the above-referenced application: 1. Nine (9) prints, each, of floor plans and architectural elevations of all sides of the proposed buildings, including all relevant dimensions, for the following: (a) Dwelling Unit A-1 (Sheets A-1 through A-5); (b) Dwelling Unit A-2 (Sheets A-I through A-5); (c) Dwelling Unit B-1 (Sheets A-1 through A-5); (d) Dwelling Unit B-2 (Sheets A-I through A-5); (e) Dwelling Unit C-I (Sheets A-1 through A-5); and (f) Dwelling Unit C-2 (Sheets A-1 through A-5); and 3130423.1 CERTILMAN BALINADLE'R&HYMAN, LLP NASSAU OFFICE:EAST MEADow,NY 11554 Planning Board of the Town of Southold August 6, 2015 Page 2 of 2 2. Nine (9)prints of a "Construction Phasing Plan,"prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., and dated August 6, 2015, which depicts the proposed construction phases for the proposed development. Nine (9) copies of a revised "Survey of Property at Cutchogue,"prepared by Peconic Surveyors, P.C., which includes a key for the markings on the survey and depicts the existing conditions for the subject property, will be delivered separately to the Planning Board. If the Planning Board or its staff have any questions,please contact me. Very truly yot.trs, �µx r John M. w'agiwr Enclosures cc (by e-mail): Frank A. Isler, Esq. (letter only) 3130423.1 100 MOTOR PARKWAY,SUITE 156 CERTILMANBALIN HAUPPAuuE,NY 11788 PHONE:631.979.3000 FAx:631.979.7070 www.certi lmanbat in.ann JOHN M.WAGNER PARTNER iwagner a certilnianbalin.com C i August 6, 2015 V'_*),kA�_�kR_� C- BY FEDEX DELIVERY Heather Lanza, AICP, Town Planning Director c1affimi Tdm Town of Southold Planning Department Plan0ing Board Town Hall Annex (Capital One Bank Building) 54375 State Route 25 P.O. Box 1179 Southold,NY 11971 Re: Site Plan Application for The Heritage at Cutchogue --North Side of Griffing Street and School House Lane, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Ms. Lanza: In furtherance of the above-referenced application, and in accordance with your request, I am sending herewith five (5) prints of an "Existing Tree Inventory Plan,"prepared by Marshall Paetzel Landscape Architecture and dated July 28, 2015. Please contact me if you have any comments or questions, or require anything further. Very truly yours, John M. Wagner Enclosures cc (by e-mail): Frank A. Isler, Esq. (letter only) 3132120.1 CFRT➢LMAN BA1LON A DLER&HYMAN,]L]LP NASSAU OFFICE:EAST MEADOw,NY 11554 MAILING ADDRESS: PLANNING BOARD MEMBERS � � � 'Wy P.O. Box 1179 DONALD J.WILCENSKI � r , Southold, NY 11971 Chair ¢.� OFFICE LOCATION: WILLIAM J.CREMERS i�i� � Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III r„� �� i"�" (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORti^i � �� Southold, NY Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 5, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board has reviewed the revised application received on Jiuly 16, 2015,. The Board finds the application consistent with the Stipulation of Settlement, however the application remains incomplete. The items remaining to make the application complete are the following (these were also requested in the April 22, 2015 letter): 1. Add a key for the symbols on the Existing Conditions plan. 2. Provide complete floor plans and architectural elevations (all sides) of all buildings, along with all relevant dimensions. 3. The following were missing from the last set of architectural elevation drawings and must be included: a. Height to highest ridge; b. Dimensions of all proposed basement windows; c. Unit B-1 second floor plan (windows/dormer shown); d. Floor to floor heights; e. Distance from grade to first floor ; f. Distance from first floor to second floor; 4. Provide more information about the phasing of the construction, including illustrating on a Site Plan which units and infrastructure would be built in each phase. The Heritage q g q_j 2 August 5, 2015 Upon receipt of all of the items requested above, the application will be deemed complete, and the Planning Board will schedule the Preliminary Hearing at their next available public meeting. Please be aware that this is an initial review for completeness and consistency with the stipulation. The application, once complete, will then be reviewed in depth by the Planning Board, Staff, outside agencies, and the public, as well as receiving a thorough review under SEQRA, and changes to the plans may be required as a result. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. 100 MOTOR PARKWAY,SUITE 156 CERTILMANBALIN HAUPPAUGE,NY 11788 PHONE:631.979.3000 FAx:631.979.7070 www.certilrnanbalin.com ....................... ................. JOHN M.WAGNER PARTNER jwaLMcr(C�certilmanbalinxom July 16, 2015 KA T I Q4, BY HAND Planning Board of the Town of Southold JLH 1 6 2015 Town Hall Annex (Capital One Bank Building) Southold Town 54375 State Route 25 Planing Board P.O. Box 1179 Southold,NY 11971 Re: Site Plan Application for The Heritage at Cutchogue --North Side of Griffing Street and School House Lane, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Honorable Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC, which is the applicant for the above-referenced site plan application. Pursuant to the "Stipulation of Settlement" in the New York State Supreme Court action entitled NOCRO, Ltd., et al. against Russell, et al. (Suffolk County Index No. 09-1910 1), which "Stipulation of Settlement" was "so ordered"by the Supreme Court on September 25, 2014, and subsequent discussions with, and determinations by, the Planning Board and its staff, we respectfully submit herewith the following, in furtherance of the above-referenced application: 1. Nine (9) copies of revised site development plans for the amended site plan application; 2. Eight (8) hard copies of a revised "Draft Environmental Impact Statement" for the subject amended site plan application, dated July 2015; and 3. A disk containing an electronic copy of the foregoing revised "Draft Environmental Impact Statement." 3117897.1 C1,RTILMAN BAIANAw,ii�jz&I IYMAN, LLP NASSAU OFFICE:EAST MEADow,NY 11554 ERI'll °l AN L,l Planning Board of the Town of Southold July 16, 2015 Page 2 of 2 If the Planning Board or its staff have any questions,please contact me. Very truly yours, John M. Wagner Enclosures cc (by e-mail): Frank A. Isler, Esq. (letter only) 3117897.1 d w � d'M ryry�pp.X N�' G w Rs d C o o c ® Nk O ` h � CD r r K Q zwlCD b 35 1,41 sp- h � � I g 7Zft INC. Environmental and Planning Consultants 440 Park Avenue South New York,NY 10016 (212)696-0670 FEDERAL TAX ID NO. 13-3433475 Town of Southold, Planning Board Invoice# : 151999 Attn: Heather Lanza,AICP, Director Project : 60152 Town Hall Annex/53095 State Route 25 Project Name : HERITAGE AT P.O Box# 1179 Invoice Group : LS Southold NY 11971 Invoice Date : 6/2/2015 For Professional Services Rendered through: 4/30/2015 PM:SH Previous Current Total Phase Code / Name Phase Fee Amount Amount %Complete Fee Earned 0001A -- DEIS REVIEW TRAF SOILS GROUNDWATER 7,125.00 0.00 7,125.00 100.00 7,125.00 000113 -- DEIS REVIEW ADDITIONAL COMMENTS 2,375.00 0.00 0.00 0.00 0.00 0001C -- DEIS REVIEW MEETINGS 1,600.00 0.00 0.00 0.00 0.00 0002A -- FEIS INDENTIFY SUBSTANTIVE COMMENTS 7,400.00 0.00 0.00 0.00 0.00 Total Fee: 18,500.00 Total Fee Earned To Date 7,125.00 Less Previous Billings 0.00 Amount Due this Invoice 7,125.06 RESOLUTION 2015-198 ADOPTED DOC ID: 10575 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-198 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24, 2015: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and AKRF, Environmental & Planning Consultants, to provide technical assistance to the Planning Board in conneetio -.witi it rcvic 1 thcm ite-1 l n...A� lalicwti�o� ..lt µtl llcxitagoITat C rtcl g as, a. — accordance with the proposal submitted to the Town, and subject to the approval of the Town Attorney. T Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Evans, Russell ABSENT: Jill Doherty w � pip � � ��/%��/ �/. r�. / ,:;,,,,,� � ;". ,,,, ;,,,,` ��,",,,; ,, dip 9✓ �,�, ;,,6,,,, ,;,' ;; , 4 �r ,,.,i i.:.,i ,. (�l /,-. , fir.l t„�'G,. f ,c ,,,i r, i ',.: ,,, „� ,,,,,- ,✓, �//✓ f� pp� r� ,9i t„ />/r / / �a 'G�}C�w� �1 ' A'4,w) .,7�,. Y � %/�� ii��'/�'),J �%` i �f t�y7�lr��✓�j/�� G, �, ,,, „; � ,,,,, ,,, i' ,,;�x � ;."^.;H ✓'"�, tl r � ;,ti; e" u � ;fir r� r ,i �i / ,.✓i,✓r,.. ��,� �i.i/1 ,./i/��.✓�/ /fir,,:.. ,, ,,,,. ,.,.. ,._ �, ,ui ,,. � i/ ,.,,�:;, ,u u ,. .,� 1. r.. ..r. / ,./ ✓.. J l i i , � r o. ,, ri �,� y. i /. l.. 1. ✓ a � r i.. ./, ,. Y /, � ..,. Hl i /. Y l ,, i, .,.,.. � 1/F, � l. � "r ,..r1„ IrI,J/�,i,/ �,e ��, ,.b�.:�,�. ,..,., 1 .. .,. --,, .1.✓,., ,.. �Il � ,��.:,,G:,,... � j� �-,� vl' �,� �'� ✓i ��, //�, ,s��, /ll9 /'' �f�l lr Hul 1 , r 1 � r,f �' i I I ! f i f i H f i y I I I/ it iii ill', 1 I if e 1 I n 1 i ,r A r 1 I r l / r r i rr,�/il i1 �i �r� ✓ MAILING ADDRESS: PLANNING BOARD MEMBERS �OF Sig P.O. Box 1179 DONALD J.WILCENSKI �QV~ alO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY �p 54375 State Route 25 JAMES H.RICH III ®�� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR CQU � Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 11, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board has reviewed the Sketch Plans received on April 30, 2015 and has found that they address the majority of the issues identified in our letter of April 22, 2015 as they relate to the consistency of the Site Plan Application with the concept plan in the Stipulation of Settlement. Item 11 from the April 22 letter, which outlines specific items missing from the application (architectural-related details & more information about the proposed phasing), will need to be completed along with the revised application submitted to the Planning Department prior to the application being found complete. Item 10 from that letter remains an ongoing concern for the Board. The handling of wastewater for this project will need to be reviewed carefully in SEQRA based on Nitrogen loading concerns and mitigation, however, it need not hold up the continuing review of the application at this time. The Draft Environmental Impact Statement will also need to be corrected to reflect the revised SEQRA action. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Very truly yours, Donald'J: �lceriski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. - - 100 MOTOR PARKWAY,SUITE 156 HAUPPAUCE,NY 11788 PHONE:631.979.3000 FAx:631.979.7070 w%mcertilmanbalin.com JOHN M.WAGNER PnxT[vEx iwaener(kcertilmaubalin.com J �� l✓1� r April 30, 2015 BY HAND Heather M. Lanza, AICP, Planning Director � �� Planning Board of the Town of Southold llrolljin Nr Town Hall Annex (Capital One Bank Building) 54375 State Route 25 P.O. Box 1179 Southold,NY 11971 Re: Site Plan Application for The Heritage at Cutchogue -- North Side of Griffing Street and School House Lane, in Cutchogue, Town of Southold, New York-- Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Ms. Lanza: We are the attorneys for The Heritage at Cutchogue, LLC, which is the Applicant for the above-referenced site plan application. By letter dated January 2, 2015, the Applicant submitted an amended application for site plan approval with respect to the above-referenced project, in accordance with the "Stipulation of Settlement" in the New York State Supreme Court action entitled NOCRO, Ltd., et al. against Russell, et al. (Suffolk County Index No. 09-19101), which "Stipulation of Settlement"was "so ordered"by the Supreme Court on September 25, 2014, and, in view of Planning Board objections made to the plans included in that submission, has, since that time, submitted several revised development plans for the Planning Board's consideration. The Applicant believes that the plans submitted with the aforesaid January 2, 2015 letter, as well as its subsequently-submitted plans, have all been, as required by Paragraph 2 of the aforesaid "Stipulation of Settlement," "substantially consistent"with the "conceptual development plan" annexed, as Exhibit "A,"to the "Stipulation of Settlement," as well as the specific development parameters laid out in Paragraph 2 of the aforesaid "Stipulation of Settlement." Nonetheless, the Planning Board has declined to deem the Applicant's submitted plans "substantially consistent"with the "conceptual development plan" annexed to the "Stipulation of Settlement," and has, in addition, by a letter to me dated April 22, 2015, requested additional changes to the Applicant's proposed development plan. 3068276.1 (.1,11TILMAN BAIdN AI)uii&HYMAN, Ll,1LP NASSAU OFFICE:EAST MEADOw,NY 11554 CEMILMANBALIN A , Heather M. Lanza, AICP, Planning Director/ Planning Board of the Town of Southold April 30, 2015 Page 2 of 2 While the Applicant continues to believe that its previously-submitted plans meet the requirements of the "Stipulation of Settlement," in the interest of moving forward the amended site plan application, which has been stalled since its submission in January, the Applicant hereby submits eight (8) prints of a revised proposed development plan, dated April 29, 2015, which the Applicant believes is also "substantially consistent"with the "conceptual development plan" annexed to the "Stipulation of Settlement," complies with the specific development parameters laid out in Paragraph 2 of the "Stipulation of Settlement," and is also responsive to the Planning Board's April 22, 2015 letter. It should be noted that the enclosed revised plans propose only 124 units (i.e., six fewer units than were contemplated in the "Stipulation of Settlement"), a total of 217,476 square feet of "livable floor area" (i.e., substantially less than the 245,000 square feet provided for in Paragraph 2[b] of the "Stipulation of Settlement"), and 50.03% of open space, in compliance with Paragraph 2(c) of the "Stipulation of Settlement." We respectfully request that the Planning Board determine, as soon as possible, that the enclosed plan is "substantially consistent"with the "conceptual development plan" annexed to the "Stipulation of Settlement," and may be used as the basis for detailed, fully-engineered site plans, so that the Applicant's stalled amended site plan application may proceed without need for Court intervention. If the Planning Board or its staff have any questions,please contact me. Very truly yours, John M. Wagner Enclosures cc (by e-mail): Frank A. Isler, Esq. (letter only) 3068276.1 MAILING ADDRESS: PLANNING BOARD MEMBERS ��QF O So th hold, NY 1179 11971 DONALD J.WILCENSHI �Q l� Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY G �Q 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR �Oli,'`►OUIV ►�� ` (cor. Main South d, NY gs Ave.) Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 22, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Dear Mr. Wagner: The Planning Board has reviewed the application referenced above for completeness and requests the following before finding it complete and consistent with the Stipulation of Settlement: 1. The plan submitted is not consistent with the Concept Plan, which was the underlying basis for the Settlement Agreement. The Board is looking to the applicant to comply with the general road layout and building layout of the Concept Plan as the working layout for the application. Please change the application to reflect the layout of the Concept Plan. a. It provides a better balance between buffers to the neighbors and location for each unit or building. b. In the Concept Plan, the units and buildings are less crowded than in the application's layout. c. The loop features are desirable both to provide options for moving through the development and for the central green they create which can serve multiple purposes including the clustered septic system proposed in the Concept Plan. Their curves and intersections also provide traffic calming. The loops also create intersections where stop signs could be placed for traffic calming also. d. The Community Center must be centrally located. The Heritage P a gg 2 April 22, 2015 e. The tennis courts located near where they were on the Concept Plan, but making sure they meet the appropriate setbacks to the property line. 2. The internal road system's pavement width must be at least 28' if on-street parking is allowed, and 24' if on-street parking is prohibited (see Town Code §161-15). 3. Any dead-end streets must have a cul-de-sac with an 88' outside diameter (the center may be planted with vegetation if desired). 4. The "A" units' design should be returned to one that is similar to the Concept Plan. In the application, the "A" units' garages protrude beyond the front of the house is not acceptable. Return to a design for the A units that is more like the Concept Plan which shows units with the garages that do not extend beyond the front of the house. 5. Bring back the small guest parking area on the west side of the Concept Plan. 6. Sidewalks must be included on both sides of the road servicing all units and amenities and connecting to the public street. This is for pedestrian safety and connectivity, as well as public health and welfare (sidewalks encourage exercise because they provide a safe place for walking). 7. Restore the connectivity and location of the walking trail to be similar to what is shown in the Concept Plan. The walking trail should connect to the sidewalks in several key locations. Keep in mind that the walking trail and sidewalks serve two different purposes and the walking trail cannot be in place of sidewalks, but in addition to them. The walking trail is for exercise and enjoyment and its indirect meandering is a good feature. Sidewalks are an alternative mode of transportation and provide a direct route to travel to the Hamlet Center on foot. 8. Open Space must be 10' from all buildings (pursuant to the Bulk Schedule for Open Space for Residential Site Plans). This was shown in the Concept Plan, but was not in the application's Open Space Plan. Also be aware that Open Space in small spaces and corners may not be eligible to be counted towards the 50% Open Space requirement. 9. Remove the putting green from the plan. The Board may consider allowing it, however, the location will need to be reviewed. 10. One area of ongoing concern for the Board is the handling of wastewater for this project. The Concept Plan showed seven centrally located clustered systems, while the application changed that to 36 systems located on the outside of the buildings. This will need to be reviewed carefully'in SEQRA based on Nitrogen loading concerns and mitigation. 11. The following items are also needed to find the application complete: a. Add a key for the symbols on the Existing Conditions Plan. The Heritage P a q: g 3 April 22, 2015 b. Provide the following on all architectural elevation drawings: i. Height to highest ridge; ii. Dimensions of all proposed basement windows; iii. Unit B-1 Second Floor Plan (windows/dormer shown); iv. Floor to floor heights; v. Distance from grade to First Floor; vi. Distance from First Floor to Second Floor; c. Provide more information about the phasing of the construction, including illustrating on a Site Plan which units and infrastructure would be built in each phase. Note that the Board remains committed to the stipulations of a minimum of 50% Open Space and the maximum livable floor area of 245,000 square feet, and that the requirements above must be achieved without compromising those limits. Sketch Plans may be submitted for review prior to producing fully engineered plans, however, please note that the sketches must be able to be engineered and feasible to construct. Please be aware that this is an initial review for completeness and consistency with the stipulation. The application, once complete, will then be reviewed in depth by the Planning Board, Staff, outside agencies, and the public, as well as receiving a thorough review under SEQRA, and changes to the plans may be required as a result. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman cc: William Duffy, Esq., Town Attorney Frank Isler, Esq. MAILING ADDRESS: PLANNING BOARD MEMBERS F so P.O. Box 1179 DONALD J.WILCENSKI ��k Old Southold, NY 11971 Chair 41 OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY �Q 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR �lifCOU,M (cor. Main Youngs Ave.) , Southold, d, NY Telephone: 631 765-1938 www.southoldtow-rmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 7, 2015 John M. Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Proposed Residential Site Plan:T Heritage @ Cutchogue 75 Schoolhouse Road, corner of 6 oolhouse Rd. & Griffing St., Cutchogue SCTM#1000-102-1-33.3 Zoning District: HD — Hamlet Density Dear Mr. Wagner: Please be advised that setting a Preliminary Public Hearing, on the agenda for the Southold Town Planning Board Public Meeting on Monday, April 6, 2015, was tabled. If you have any questions regarding the above, please contact this office. Very truly yours, )James H. Rich, III Vice-Chairman Southold Planning Department Staff Report Site Plan Application Work Session - Completeness. Date April 6, 2015 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue II. Action Review all staff comments. This proposed Residential Site Plan is for the development of 130 detached and attached dwellings classified in two types: 40 "Type A" units (1,999 +/- sq. ft. livable area), and 90 "Type B" units (1,599 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,190 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, two tennis courts, a putting green, 296 parking spaces of which 260 are associated with the individual dwelling units and 36 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. III: Analysis A. Site Plan application completeness With reference to the Planning Board letter dated February 10, 2015: 1. Pursuant to Town Code §280-133 B (2)(a) & (c), provide an Existing Conditions Plan that identifies the natural features, including 2' contours, natural drainage swales, wooded areas, and trees of six inches in diameter at a point three feet above the trunk base; Submitted: Yes, an existing conditions plan has been provided as required. The plan appears to include existing features located on the site such as the limits of vegetation and topography. Staff: there is no legend/key/notation to be able to interpret the symbols provided on the plan. 2. Provide an inventory of existing cedars, bayberry and other native shrubs and trees that have the potential to be utilized in buffers and other landscaped areas. If an inventory is not available or not current, this item may be submitted later in the process when conditions at the site will allow for an inventory (e.g. this spring); 1 2 Submitted: No. Once the weather allows, the applicant will retain a professional to provide an inventory of native species on site. 3. Provide building elevations of all facades for all proposed structures; Submitted: Yes. The elevations for all facades of each proposed building have been provided; 4. Provide detailed Floor Plans for all proposed structures, including basements and attics, including length and area dimensions, and identify the areas counted towards livable floor area (as defined in the Stipulation of Settlement); Submitted: Yes, revised floor plans have been provided for all units as well as the community center 5. Provide cut and fill details to expand on the Soil Management Plan provided; Submitted: No, the applicant has responded by stating that the notes contained on the Grading and Drainage plan indicate that there is a 0 net cut/fill for the project. It is not anticipated that any soil will be imported or exported for use as fill on the site. 6. Provide a separate key map showing the location and owners of all adjoining lands within 500' as shown on the latest tax records, at a scale of 1" = 100'; existing zoning lines should also be provided on this separate Key Map; Submitted: Yes, a Key Map also known as a radius map showing all properties and zoning districts within 500 feet of the subject property has been provided in the plan set 7. Provide cut sheets and fixture details for all proposed exterior light fixtures to make the submitted Photometric Plan complete for review pursuant to §172 of the Town Code. Submitted: Yes, a third sheet was added to the photometric plan containing all manufacturers cut sheets for the proposed fixtures as required B. Review of Consistency with the Conceptual Plan and Terms of Stipulation As a part of the stipulation of settlement, the applicant was required to submit a revised site plan application to the Planning Board. This application "shall be substantially consistent with the conceptual development plan" (see Stipulation of Settlement), and includes the following elements and is subject to the following restrictions: 2 1. Development to include no more than 130 residential units, each comprised of one or more stories, all of which shall be condominium units; Submitted: 130 units are proposed 2. Development shall not include more than 245,000 square feet of"livable floor area" (see stipulation for full definition), Submitted: This item appears to be substantially consistent with the stipulation; however the finer details of the floor plans will be examined in more detail during the review process to more precisely determine the amount of proposed livable floor area. 3. Development shall include setting aside of at least 50% as "Open Space" that meets all setbacks and open space requirements; Submitted: A plan has been submitted showing 50% open space as defined for the purposes of the settlement. The exact configuration of this open space may be required to change during the review process, however the possibility of the applicant being able to provide 50% open space and thus meet this item of the stipulation of settlement has been established. 4. Subject property shall be made subject to a covenant and restriction limiting occupancy of all residential units to persons of the age 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is 55 years or older; children and grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant; Staff: this item will be satisfied by requiring the filing of the language above with the Office of the Suffolk County Clerk during the site plan process 5. Subject property will be developed in one or more phases and in accordance with the use, area, dimensional, parking, drainage, and other regulations applicable to the Town's "Hamlet Density (HD) Residential" zoning district; Staff: the items included in the requirement above will be addressed during review of the site plan application; however a phasing plan, showing which units and other improvements will be completed in each phase, must be submitted as part of the application. 6. Conceptual Plans (and whether the proposed plans are substantially consistent with them) 3 4 a. Conceptual Plan 1 Overall Layout (illustrating overall layout of roads, dwelling units, community center, pool, tennis courts, setbacks, and buffers) i. The Planning Board found that the site plan application is substantially consistent with the concept plan in the stipulation with regard to overall layout, except for the location of the community center, which was moved from the center to the southernmost end of the property. ii. Staff: a revised plan has been provided showing the relocation of the community center to the NW; a little north of center of the site, and the relocation of the (2) tennis courts back to their location provided on the conceptual plan, near the entrance of the site. b. Conceptual Plan II Open Space (illustrating open space) i. The Planning Board found that the site plan application is substantially consistent with the concept plan in the stipulation with regard to open space, with the caveat that some of the open space as depicted in the application may have to be shifted as the plan is reviewed in more depth. V: Staff Recommendations 1. It is recommended that based on the relocation of the community center, the application be found substantially consistent with the conceptual development plan; 2. It is recommended that the application be found complete upon receipt of the items listed below. Once the following items are submitted to this Department and determined sufficient, it is recommended that the application be referred out to interested/relevant agencies without having to be brought back to a work session: a. Provide a minimum of nine (9) prints of a revised site plan that shows the relocation of the proposed community center. The site plan shall include the stamp, seal and signature of the NYS licensed professional preparing the plans; b. Add a key for the symbols on the Existing Conditions plan c. Provide the following on all architectural elevation drawings: i. Height to highest ridge; ii. Dimensions of all proposed basement windows; iii. Unit B-1 second floor plan (windows/dormer shown); iv. Floor to floor heights; 4 Tic o v. Distance from grade to first floor ; vi. Distance from first floor to second floor; d. Provide a detailed phasing plan proposed for the project that specifies what will be constructed and when; 3. Set the preliminary hearing for this project at tonight's public meeting for May 4, 2015. UPDATE on SEAR The applicant resubmitted the DEIS with the required corrections on March 10, 2015. The Principal Planner, Mark Terry, will lead the review of the DEIS for adequacy, along with assistance from a technical consultant. The consultant company, AKRF, was hired to review portions of the DEIS for which the Town has no in-house expertise (traffic engineers, soil chemists, hydro geologists, etc). The SEQR time limits provide 60 days for the Lead Agency to determine whether the DEIS is adequate as to the scope for public review. The sixty day mark occurs on May 9, 2015. 5 Southold Town Planning Board Work Session —April 6, ::�015 - Page 2 .............. _............._....................................................._......_...._.................................--.............................................__.................._..........---.............._T_..............._..........................................................._..........._............................_................__..........._._...._...__........._......... ..; Project Name: ' Berry & Berry, LLC SCTM#: 1000-75-5-13 .............................................................. _._.._....... ... . _._........._...._._.__ .... -----......_..... Location: 41535 Route 25, ±495' s/w/o Peconic Ln. & NYS Rt. 25, Peconic .................................-..............._..............._..._..........._......................__.._..._._..._...._.._...................__......._._.._._.__...._... - .....---._..._.__......_._..._._.__._._......._..._...._......... -._............_._..........__.........--...__._.................._..... ...---- - ---...........-............; Description: This proposed Site Plan Application is to convert an existing 1,096 sq. ft. dwelling to a business office and construct a 64' x 40' (2,560 sq. ft.) four bay storage garage pursuant to ZBA File #6818 on 20,419 sq. ft. (0.47 acres) in the General Business (B).._ Zoning District_ _— Status: ; New Application ._.._._.._._....__.._........_...__.... ...........__..._....__..._...._._...__..._...---..... — ---............-_.__._................-..............__--._._.._.................................._..-............... __ .—..- -....-- ...._....... Action: Review for completeness._ __......._......_.....___.____........................ _.....................- --....__.._....._........_.......__....... ----- _ -.—._._. .........__....._._....__.....—..------ ------- :...A....—tt.a__...c__..h_.._m..._..e-n t._s....: Staff Report ___.__.._....... ._.- . _.__ _.............._ --........._.............. _--- —------ .._.._..—........--._.._._._..__._....--_......�._..----- .......----- ------- .._..-- —....._....._.._.- - - --. Heritage --..._....._ Project Name. The at Cutcho ue 2015 a SCTM#: ` 1000 102-1-33.3 —...._....... ; Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchgq Description: This proposed Residential Site Plan is for the development of 130 detached and attached dwellings classified in two types: 40 "Type A" units (1,999 +/- sq. ft. livable area), and 90 "Type B" units (1,599 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,190 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, two tennis courts, a putting green, 296 parking spaces of which 260 are associated with the individual dwelling units and 36 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District_ ^Status:_ _— Revised Ap lip cation Action: ` Review for completeness. Attachments: Staff Report Discussion: ❖ Draft Monthly Report for March 2015 ❖ Concept Plan of Old Sound Avenue closure (partial) CHARLES W. KUEHN A R C H I T E CT P. 0. Box 641 Northport,NY 11768 'Tel: (631)262-8540 Fax: (631) 262-8541 March 25, 2015 r Ms. Heather M. Lanza, Town of Southold Planning Director Town Hall Hall Annex Building MAR 2 5 2015 I 54375 Route 25 Southold, N.Y. 11971cc;u,, Dear Heather: Re: Heritage at Cutchogue Cutchogue, N.Y. Please find attached, for your review, the Overall Site Development Layout Plan. Please review the drawings and feel free to contact me with any questions or comments. Sincerely, Charles W. Kuehn, RA CWK:ck Cc: Mr. John M. Wager, Certilman, Balin&Hyman, LLP MAILING ADDRESS: PLANNING BOARD MEMBERS o Sout.O. Box 1179 1971 DONALD J.WILCENSKI + Chair OFFICE LOCATION: WILLIAM J.CREERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ' CO � Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2015 Mr. Graham L. Trelstad, AICP Senior Vice President, Director of Planning AKRF, Environmental and Planning Consultants 3900 Veterans Memorial Highway, Suite 1.31 Bohemia, NY 11716 ' RE: The Herita e at.Cutcho ue SEQRA Review Dear Mr. Trelstad: Enclosed you will find a signed copy of the agreement for the technical assistance with the Heritage at Cutchogue SEQR review. The enclosed purchase order is for the work described in your proposal for Task 1 (A-C) and Task 2 (A only) for a lump sum fee of $18,500. Please use this agreement and letter as our Authorization to Proceed. Work beyond these tasks, included in the lump sum, may not proceed until after a new estimate is submitted and approved in writing by the Planning Board. Enclosed you will also find a Town of Southold Payment Voucher, as we will need this signed along with an invoice to submit payment for you to our Accounting Department. If you would please sign the voucher in the bottom left corner where marked and return to us with an invoice once the work is completed. The Draft Environmental Impact Statement (DEIS) for The Heritage at Cutchogue, prepared by VHB was received in this Department on March 10, 2015. As required by the Stipulation of Settlement, we have 60 days to complete the SEQRA review. As per our correspondence with Stephen Holley on March 12, 2015 the DEIS is available for your review via www.dropbox.com. The hardcopy of the revised DEIS and the Site Plan, per his instructions, will be sent to the NYC office. As you know, the entire Heritage Site Plan Application file (except the DEIS) can be viewed on our website. Southold Town Plan, ig Board Page 2 March 11, 2015 Should you need any further assistance regarding this matter, please do not hesitate to contact me at 631-765-1938. Sincerely, Flea her Lanza, AICP Town Planning Director Encls: -Signed Copy of AKRF Proposal/Agreement -Town of Southold Payment Voucher -Vendor copy of the purchase order Cc: Stephen James Holley k- AK.RF Environmental and Planning Consultants 3900 Veterans Memorial Highway Suite 331 Bohemia, NY 11716 tel:631 285-6980 fax: 631 285-6919 www.akrf.com January 27,2015 (revised March 2, 2015) Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O. Box 1179 Southold,New York I I911 Re: The Heritage at Cutchogue Dear Ms.Lanza: AKRF, Inc. is pleased to submit this revised proposal to assist (lie Town of Southold with the State Environmental Quality Review Act (SEQRA) review of specific portions of (lie al)plication by The Heritage at Cutchogue, LLC ("the Applicant") for a proposed 1:30-uni°t age-restricted residential project located at the intersection of Schoolhouse Lane and + riffing Street (the "proposed project"), We understand that the Town has agreed to a Stipulation of Settlement (So Ordered Oil September 25, 2014) that outlines specific parameters that must be observed through the SEQRA review of the application, Pursuant to our telephone conversation, AKRF would provide consulting services to review only the following areas: soils,groundwater, and transportation. It is assumed that the Town of Southold staff(or others)would provide input on the sufficiency of other areas covered by the SEQRA documents. AKRF understands that the Town is obligated by the Stipulation of Settlement with respect to certain review time periods and matters of technical design. AKRF would collaborate with the Town to meet the requirements of the Stipulation of Settlement with respect to the portions of the review assigned to AKRF, but AKRF cannot be held responsible for the Town's overall compliance with the terms of the Stipulation of Settlement. AKRF brings excellent resources and credentials to this assignment. AKRF has prepared or reviewed over 3,000 SEQRA related projects of all scopes and sizes. We can provide the Town with planning and environmental expertise that will enable you to be confident that the DEIS,which is being prepared by the project applicant, has adequately analyzed and addressed the potential environmental impacts from the proposed project. We are accustomed to working on projects similar to what is proposed and the need to understand the range of consequences, positive and negative, of those projects. Our value would be to quickly come up to speed on the components of the proposed project, review the data in the DEIS for adequacy and completeness, and provide our findings on the substantive issues to determine if any modifications to the DEIS, including additional analyses, are warranted. We have the necessary expertise for this assignment, and we know how to facilitate a productive and successful SEQRA process. AKRF,Inc. .New York City o Hudson Valley Region•Long Island•Baltimore/Washington Area•New Jersey 9 Connecticut s. Heather Lanza 2 March 2 2015 AKRF's professional staff cornpr iced of planners, cngilleers (traffic, noise, air goaliiy, and sile design), natural resource specialists, cultural resources, esperts, eeo11011arsts„ anel urban desi ncrs-4las paraalicaak;ar expertise in S1'Q A, enviroranaentaal impact analysis, review and IBIS preparaatpon. Our r�aaore than 200 person thin is one of tfre most r°espected planning and environn�aent,,al consulting firms in tlae 1:0-state region. We have a farll corrrplemerat of professional staff in our Long,Island, 'White Plains, aaracl New "fork City offices to assist the.Town. e have extensive experience with, providing SEQRA review services for projects on Fong Island, particularly l trgc-scale residential developments„ including reviewing pr-eliniinzary e�nvil-oaanaental assessments, conducting public scoping procedures, and reviewing individual FIS analyses, Projects for which we provided assistance to paablic agencies on Long Island in connection with SJ QRA, review include the 'Fall Grms Village Centcr EIS in the.Town of Brookhaven, tlae Saa-int Francis Hospital Master Facilities E1S in the Village of Flower dill, the Sebonack Golf Club EIS ill the Town of Southaanapton, and the 7-11 Traffic Study in tire Town of Southold. Furthermore, through our CXtensrve, experience in conducting environmental review analyses and preparing ElSs on behalf"of project applicants, our staff has developed a thorough understanding of the SE 1RA process and regUired analyses, 11is expertise will guide our review of than proposed project. Decent projects fer which we hatve pei•foraaaed environmental asscssralent analysis services include the Stony Brook Toll Drive Residence Hall and Dining Facility and 'stony Brook Hotel, both oil tlae Stony Brook University campus,„ Wyandanch Downtown Revitalization Generic EIS for the Town of Babylon;and the East Quogue Generic EIS for tile"I°own of"Southam,pat:on. Proposed Scope of Services Task 1. DEIS Determination of Completeness A. AKRF would review the soils, groundwater, and transportation sections (and any relevant technical studies contained in the appendices) in the preliminaaty Draft Environmental Impact Statement (pDE1S) dated December 2014 and prepared by V1113. AKRF would'. review these sections to determine if they are complete with re pegto the adopted scope(September 10,2007) and whether the presentation of the material is sufficient for public review, AKRF would prepare a Technical Memorandum containing our comments and provide the,.1."echiaicaal Memorandurn to the Town of Southold for its review such that tlae Town can comply with the 60 day review period required by the-Stipulation of Settlement, AKIU1' will identity issues than, in AKRF's opinion, require resolution prior to the Town determining, the DEIS complete and will also identify other issues that could be considered "substantive,, conunerats that must be addressed ill the Final Environmental Impact Statement(FEIS). B. Should a second round of pDEIS review be required, AKRF would review the re-submitted material and provide a second Technical Memorandum to the Town such that the Town can comply with the second 60 day review period required by the Stipulation of Settlement. C. AKRF would be available for up to two (2) meetings with the Town and/or Applicant to review our technical comments during Task 1. Task2. FEISAssistance A. AKRF would assist the Town in identifying those substantive comments pertaining to soils, groundwater, and transportation received at the public hearing on the DEIS and through written correspondence that require response in the FEIS. B. Should the Applicant opt to prepare the FEIS, AKRF would review the draft FEIS for the sufficiency of responses to comments relating to soils, groundwater, and transportation. AKRF would prepare a Technical Memorandum containing our comments and provide the Technical Memorandum to the Town of Southold for its review such that the Town can comply with the 60 Lanza , 2015 s. Heather... � m_..__.... .......— _... March 2 day review period required by the Stipulation of Settlement. Should a second round of FEIS review be required, AKRF would review the re-submitted material and provide a second Technical Memorandum to the Town such that the Town can comply with the second 60 day review period required by the Stipulation of Settlement. C. AKRF would be available for up to two (2) meetings with the Town and/or Applicant to review our technical comments during Task 2. D. Contingency ask: Should the Applicant opt to have the Town of Southold prepare the FEIS, as allowed by SEQL A and the Stipulation of Settlement, AKRF could provide additional assistance to the'town in the preparation of the FEIS. However, this additional work would be subject to an additional proposal and fee estimate and is not contemplated as part of the currently proposed Scope of Services or Fee Estimate. Task 3. Findings Assistance A. AKRF would assist the Town with the preparation of the SLR IIA Findings pertaining to soils, groundwater, and transportation. It is assurnetl that the Town would take the primary responsibility for drafting the SEQRA Findings and that AKRF would provide language for insertion by the Town. B. AKRF would be available for telephone consultation with the Town during Task 3. It is assumed that no face-to-face meetings with Town staff or the Applicant would be required during Task 3. Fee Estimate AKRF would complete Task I (A-C) and Task 2 (A only) for a Lurnp Sun fee of ill ,600. Since it is unknown at this time the extent and nature of public and agency corninents to be received on the I I IS, it: is not possible to estimate a level of effort required to complete Task 2 (B-C) and Task 3 (A-B). AKRF would propose to conduct Task 2(B-C)and Task 3 (A-B)on a Time& Materiels basis using,its standard. hourly billing rates included in our Terms&Conditions attached to this proposal. Prior to any work being commenced on Task 2 (B-C) and Task 3 (A-B), AKRF will provide a written estimate of the cost to complete those tasks on a Time and Materials basis. Work will not commence until the Town of Southold has authorized it in writing with a Purchase Order. The amount of the purchase order may not be exceeded without prior written approval. Should the work required go beyond the amount of the Purchase Order, a written estimate must be submitted to the Town. The additional work will not commence until the Town of Southold has authorized it in writing with an additional Purchase Order. The employee category for any task to be completed on a Time and Materials basis will be the lowest hourly rate warranted by the complexity of the tasks. Ms. Heather Lanza 4 March 2,2015 If this proposal meets WWI your approval, please sigil ogle copy and*send it to us as our Authorization to Proceed. WC WOUld be Nippy to alismer any qUCS1i011S you might have. Graham can be reached at 914- 922-2355 W"d Stephen c:m be reached at 646-388-9742, Sincerely, Rl';', INC. r, Mtn L.Trelstad,AICP Stephen James I Senior Vice President, Director of Planning Vice President ACKNOWLEDGED.A ACCE 'ED: Signature: Title- For: on Date: ................. APPENDIX A Terms and Conditions Consulting Agreement (this "Agreement"), dated ,is of"Jalluary 27,2015 (revised March 2,2015), between AKRF, lilc, (the "f,*�L)nsil tavflt"), with an address at 390(1 Veterans Memorial Highway, Suite 331, Bohemia, New York 11716,and the Town(it'Southold(tl'w"CLi—Clil with an address at 53095 Route 25,Southold,New York 11971. WHEREAS,the Client wishes,to engage tile Consultant to provide,and the ConsnItant wVishcs to,render,certain professional services in contlectiol,1 with the project(tile"Project")described oil annexed Aftachtpent A,Lis such services are more fully descrit)c(j oil tile WIllexed Scope of Work and/or annexed A-tt�IqLinIgill (col lectively,tile "Services"),relating to certain site or sites identified therein(collectively,the`"Site"'); -A NOW, THEREFORE, in consideration of the foregoing and other mutual promises set forth herein, the parties hereby agree as follows: 1. Services. Subject to the terms and conditions hereof, the Client hereby engages the COnstdtaflt to perform, and Consultant hereby a9rces to provide, certain professional services in connection with tile project (tile 'bMicct") rolaling to certain site or sites(collmlively,the"S Aiq"), all as more,fully described oil tile aill SCopc of Work and/or annexed A Lta III_gbL pZ111 A (collectively,the"Servigq"), The Services shall include Furnishing the agreed-ulion reports,drawings and/or other work s product described on annexed Afjr_ichri)gmt A (Collectively,tile"De) 2. Compensation,,I livoicing and Payment. 'fire Client shall pay tile Consultant(lie initial ll and tile other arnounts,arid trimburse Consultant's expcIlses,at the linles and in tile Ill set tbil or,annexed Atl .MIKKTLA,I'he Client shall pay all taxes, tees,assessments and charges applicable to the Services and any other pass-tilpough efl,l r9cs (01 her than taxes imposed upon the net illcome of the Consultant),including interest and other charges thereon chargeable by tile taxing authoritics� 3. Performance Standards. llic, (.,onsultant shall use reasonable commercial of to render the Services and all other obligations under this Agreement in accordance with (i) tile standard of"care and skill ordinarily used by reputable members of the same, Prufession practicing under similarcircunislances at the sanic tillic and in the sarne 14,,,)cale and (ii)all applicable codes, regulations, ordinances, and laws in effect as of(Ile (late of tile execution of this Agreement. Neither the Consultnit's entering into this Agreement nor any performance hereunder by the Consultant,or any affiliate oil,subcontractor thereof, shall create tiny fiduciary obligation owed to the,Client or any other person orclitity, Client or any other person or entity and any such obligation is hereby rLdly and expressly disclaimed. Exce;,it for the performance standards described above, the Consultant is making no express or-in plied wall including those of merchantability,accuracy or fatalee ss for a particular purpose,regarding the Services or any Deliverables, I'he Consultant shall not be responsible for ti-ic acts or omissions of any subcontractor, Supplier or other personnel,based oil requests madc or directions or instructions provided by the Client to any subcontractor,supplier Or other personnel engage(]by Consultant unless the Client first discusses such requests,directions or instructions with COMl land Consultant agrees(flat the requests, directions or,instructions are part of the Services to be provided hereunder. In the event o('an eniergency affecting tile health or safety of persons or property, the Consultant may act, in its reasonable discretion, to prevent threatened darrl ini ury or loss to person or property notwithstanding that it may be outside the scope of the Services or"),Of approved in advan cc by the Cl lent 4. Indemnification. a. Ille Consultant agrees, to tile fullest extent permitted by law, to indemnify and hold the Client, it subsidiaries and affiliales and their respective, oll-scers, directors, employees, owners, subcontractors and agents (collectively, the "Client Panties') harmless from any darnage, liability, or cost (including reasonable attorneys" fee-, and costs of defense) to the extent caused by the Consultant's negligence I'lie indemnification obligation created by this Paragraph is subject in every respect to the limitation of liability provision in Paragraph 5 of this Agreement. b. Ilie(Iliclu agrees, to die ridicst extent permitted by law, to indesnility,and hold the,Consi,iltant, its subsidiaries and affiliates arid their respective officers, dimetons, employees, owners,, Subcontractors and agents (collectively, the "Consultant Parties")harmless froin any dainage, liability,or cost(including reasonable attorneys' fees and costs of dc6ensc),. (i)to the extent caused by the Client's negligence,or (ii.) relating directly or indirectly to the Presence Or SU31),ect(M presence at any tinic of asbestos, or hazardous or toxic materials on or about the Project Sile,arising out of,or in any way connected with, the performance or nonperformance of tile obligations under this Agreement by the Consultant (unless and until there has been an ad.1 ud i cation by a court or filruni of'cornpetent jurisdiction that the claims at issue are a direct result of tile sole negligence of the Consultant), or A-1 Initialsl ( il) to,� the extent arising fi-orn or attributable to the raijut-0 Of the Client to tifnely and/or properly implement or adhere to recommendations, designs, specifications, work plans or Other items spooilyirlg Or outlining tire, collstructioll arlcl/()r ifnPlernentation of future work, beyond this ScOPC of"Work provided by Consultant in Del c. As a condition precedent to claiming any indemnification hereunder, the illlPlicable indeninified party (i) shall promptly provide the applicable indcrllnit'ying party with written notice Of a1V Ckli'll SUfficieutlY Promptly and in sufficient detail to avt)id prejudi,eing the defc-rise of such clijilil; (ii) shall 1101 'Wltle or Compromise mly such clairn without the indemnifying party's wrinca consent,wllicil,sh,111 not be 11lfl'ca-WVflbJY withheld or delayed;and(iii)sluilt promptly provide rewsonable cOOPeration relating to defending such clairn, me indenuiiFicd pair ty may, at its Own expenw,assist in the defense if*it so chooses, but shall not be perruilted too control such del'blise,or any neg(,giations relating to the settlement of MY such claim,so long as the party r0l)(Insible for indemnification hercurlder is actively defending such claim. Notwithstanding clause (ii) above, it, the Inari), responsible for indelnnificgion hereunder refuses Or Tails to tirnely deibrid tile charm or aband'o' ns such del'ense, the inderrinified parly(partics)may settle such claim, without the prior consent of tile indcrnnif�ing party and tile indemnifying party shall remain fully liable tA) indemnify the indernnified party(Parties) to the extent that the indernnified party(parties) are otherwise entitled to indemnification for such clairn under this Section 4. d. No party shall be liable for any claim or cause of action seeking indemnification under this Section 4, regardless of the type or nature of the action,if such action is brought more than three years after the applicable cause of action has accrued. e. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORT11 WTHIS AGREE MENT IN ANY DOCUMENT SIGNED BETWEEN THE PARTIES REGAitDJNG -aw SMIJEC]" M-ArrER OF I-IIIS AGREEMENT, EITHER PRIOR OR, SUBSEQLJEN`I' TO THIS AGREEMENT' IN NO EVFNT SIJALI, ANY PARTY FIERE-170, OR ANY OFFICER, DIRECTOR, OWNER, EMIi'6YrE, Sl 1ARF,110LJ61'M Oil AGrwr '111FREOF, 13L LIABLE FOR ANY LOSS OF PROFITS OR REVENUE, OR UMS OR INACCURAC"Y 01' DATA OR MATERIAL OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNirriVE O.R. CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT OR 01-FIERWISE, EVEN IF THE SAME HAS BEEN SPECIFICALLY ADVISED OF TIMPOSSIBILITIES OF StJCJJ DA.MAGNS, EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES ARE PAYABLE 13Y ONE OFT11E, PARTIES HERETO TO A THIRD PART)' AND THE CLAIM IS ONE FOR WHICH THE PARTY REQUIRED (WHETHER 13Y itiDGMI�NT, Sf?!17FLEMENT OR O11iERWISE) TO PAY SUCH DAMAGES IS ENTITLED TO INDEMNIFY ATION UNDER 7711S SECTION 4. 5. Litnitatioil of Liability. The Client agrees, to the tallest extent permitted by law, to limit the liability or the Consultant Parties hereunder to the Client and to all construction contractors, subcontractors oil the Project and others under the Client's control for any and all claims,IOSR-s,costs,damages of any nature whatsoever,or expenses from any cause or causes,regardless of the nature or type of action, so that file total aggregate liability of tile Consultant Parties shall not exceed the compensation actually paid to Consultant for services rendered oil this Project under this Agreement, 6. Terin. This Agreement shall have a,term commencing on the date of this Agreement and ending, unless terminated earlier as provided herein, when, tile Services are, completed or as otherwise set forth on annexed Attachment A. A party may terminate this Agreement by delivery of written notice to the other if(i)the other party commits a material breach of this Agreement and fails to remedy such breach within 30 days after receipt of we notice specifying the alleged breach in reasonable detail,or(ii)any party makes ail assigninent for the benefit of its creditors,a voluntary or involuntary petition is.filed by or against it party under any bankruptcy or insolvency law,m under tile provisions of any law of I ike import,Or a trustee or receiver is appointed for any party or its property. If frill payment is not received by the Consultant by the applicable due date, then the Consultant may, at its sole discretion and without liability to any Consultant parties, terminate this Agreement or suspend MY Services to be performed hereunder- upon 10 days prior written noljcc. if the Project is suspended for any reason for more than O calendar days ill the aggregate (whether or not consecutive:), the Consultant may,at its discretion and without liability,terminate this Agfeernent. Utmn any termination of this Agreement, the Consultant shall be paid in full in accordance with the tenns of' this Agreement for all Services rendered and reimbursable expenses incurred through the date of termination,including reasonable termination costs. 7. Miscellaneous. This Agreement supersedes any written or oral proposal or other communication between the parties relating to the subject matter hercof. The rights and obligations of the pittlics hereunder shall be governed by the laws of the State of New York', Without regard to principles of conflicts of laws and cach party consents � to the excluSiveJurisdiction and 'ventic of any state or federal court in New York County,New York,for the resolution of any disputes, 7he Provisions of Sections 4,5 and this Section 7 shall survive completion of perrorinance in accordance with the provisions of this Agrocnient and final payment hereunder or any termination of this Agreement, This Agreement may be executed arid delivered by flicsin-lile and in one or more counterparts,each of which shall be deeined an original. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives and made effective as of the date first set forth above. A-2 Initials ATTACHMENT A Services/Scone of Work The Project and Site(s): The Heritage at Cutchogue SEQRA Review Assistance Ilartarvrot State Environmental Quality Review Act.(SEQRA) review assistance relating to soils, groundwater, and transportation impacts of a proposed 130-unit age- restricted development. 'File,[)t live raabless: Technical Memoranda and language for insertion in a SEQRA Findings Statement. Retainer: $0. Payable upon contract execution. The retainer shall be applied against the final invoice rendered by the Consultant hereunder. a�ai�gnt t iruJng ram, Task 1 (A-C)and Task 2(A only)for a Lump Sum of$18,500.Task 2(B-C)and Task 3 M smiler Oaf I'ar11erat of (A-B)on a Time&Materials basis using rates attached as Appendix B. aw—11MICIr� Except as otherwise provided in this Attach raac.at t'wz invoices will be sirlanrittecl is the. �r Consultant monthly, are due upon presentation and shall be paid in (till within 30 calendar days after the applicable invoice dine. If payment is not received in [fill ors or before the applicable dire darts: theta the Consultant may charge interest on affray unpaid amount trona the due date in an amountequal to tile lesser o�f"1-1/2% per month or°the maximurn amount permitted by applicable haw„ calculated on a daily basis, Payments will be credited first to interest and then to principal, Lx�e�rasq At cost. Rg itabur s,:taier t,: Additional Rules Tile Services tire Ihaaited to those tasks specified herein. If tine Client requests (lie Relatinie to Services Consultant to perform work or provide Deliverables that are beyond tine scope of this end Pa moments: Agreement("A itioJaraWiark'")„the Constdia nt may undertake to perform the same ill. its discretion for additional compensation. In tiae absence of written agreement to the contrary, all Additional Weak provided by the Consultant from time to tiale shall be proavided,orrr a time and material basis at the Consultant's then current standard hourly rates in effect fi°oin time to time. If the Project is suspended for more than 30 days in (lie aggregate (whether or not consecutive), the Consultant shall be paid for all Services performed and charges incurred prior to receipt of notice to suspend, A mutually agreed upon equitable adjustment in Consultant's fees and in the Project's performance schedule shall be inade to accommodate the delay, dernobilixation and remobilization costs caused by the suspension'l fore the Consultant,resumes the Services. This Agreement is subject to modification in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant. If the Consultant calls ;I:or contract renegotiation, the Consultant will identify the changed conditions necessitating renegotiation,kind the Consultant and the Client shall promptly and in good fait,ia enter into renegotiation ofthis Agreement. If terms cannot be agreed to, then either party has the absolute right to terminate this Agreement by delivery of ten ('tt)) days prior written notice. Except as provided herein, neither party shall be liable for damages for any delay or failure to perform its obligations hereunder, it' such delay or failure is due to circumstances or events beyond the paarty's control or without its fault or negligence, including without limitation,strikes,riots,wars, fires,epidemics,quarantine restrictions, unusually severe weather, earthquakes, explosions, acts of God or state or any public enemy or acts mandated by applicable laws,regulation or order,whether valid or invalid, of any governmental body. Term: 90 days. A-3 ij4 ..............................w._Initials APPENDIX B AKRF Hourly R.. �._.�.._..—�...w�.— ate Schedule Employee Category y Cate o Hourly Rate � _f.�, . Of icer $220 �._.. ....�_. Senior Technical Di .��_�...��.._.. ... rector $195 _ Technical Director $185 Senior Professional $165 �.m.. _._ ........... _._ Professional II $135 Professional 1 $125 Technical 1I $115 Technical 1 $90 Notes: _... Out of pocket expenses will be billed at actual cost. These rates are effective through December 31,2015 B-1 Initials < < <I a CD :3 CL 0 CL 0 CD olo� co C9 CD CD st cr Q "I ro CD (IQ Op- a ............ ...... .. ....... .. .......................... ...... .... ....... ........................... 0 0 CD CD C) C-1 CD z CD 01 m CD CD CD CD tj qQ a o a. ca o r- o g 0 �l 2. CD F-r :� Gn E 0 ' CD a-, rw- 0 CD --- --2 --------- co CD CD XXXX :X: 1� Ca. 0 CD �xx 4, CD CD FL CD CD CD co o co Ik TOWN OF SOUTH(. .-D Purchase Order # _... _..__., Tax Exempt # A163554 Date ._. m. ... Account .1 _b-al a, °4-1, � E ver and send Filling to: Vendo P Env I r , Department Address009564H .VENDO,k, *Return this copy and Town of Southold voucher itemized and signed for payment",, IT QUANTITY D ESd, _=I PTi N: UNIT COST, � TO"I"'AL r „ b 0111111 rlWaft� "JA •ait COD 0 h THIS PLI RCHASE ORDER IS NOT VALID WITHOUT THE SIGNA" "W. RES , lHE DE111, HEAD AND rHE SUMMS011 +Y TN T THERE ARE °,(J i GCIENT FUNDS AVAILABLE IN THE PROPRI+ TION, a--IA �OIF;D . Dept. I yen I CERTIFY THIS TO BE A JUST AND TRU- RCHASE ORDER Sup visor VFNDOR 0 4 ♦�i ��f March 10, 2015 Ref: 29305.00 VIA HAND DELIVERY Planning Board of the Town of Southold 2Lb11 Town Hall Annex Building )b,`t-1 _- (� KAT r,C- 54375 Route 25 a E C E P.O. Box 1179 Southold, NY 11971 MAR 10 2015 Att: Ms. Heather M. Lanza,AICP, Planning Director Southold Town Planning Board Re: Draft Environmental Impact Statement For Subdivision and Site Plan Approval The Heritage at Cutchogue Cutchogue, Town of Southold Suffolk County, New York Dear Ms. Lanza: This correspondence confirms the delivery of replacement pages and CD-ROM for the December 2014 Draft Environmental Impact Statement (DEIS) submission for the above- referenced project, as discussed at the January 29, 2015 meeting. Thank you for your assistance in this matter. Please feel free to contact the undersigned with any questions concerning this request. Sincerely, VHB Engineering, Suryying and Landscape Architecture, P.C. Ginny Watral Senior Technical Advisor GW/ba enc. cc: J.Wagner, Esq.,via email 100 Motor Parkway Suite 135 P:\29305.00 Heritage Cutchogue\ProjRecords\FinalDocs\Southold P1 r,%pnffle EISpgjt�srts B!19 Es I Designers Hauppauge,New York 11788 P 631.787.3400 F 631.813.2545 E 0 v .fl t 3 �v/ March 2, 2015 hb Ref: 29305.00 Mr. Brian Cummings, Planner jj� Town of Southold `44—`(\AT I BC P.O. Box 1179 Southold, NY 11971 l� L Re: The Heritage @ Cutchogue U L � Site Plan Completeness Resubmission r�BAR 2a1cJ Tax Map No. 1000-102-1-33.3 Southold Town Planning Board Dear Mr. Cummings: We are in receipt of your letter dated February 10, 2015 regarding the above referenced project. We have reviewed the comments presented in your letter and offer the following responses: Comment 1: Pursuant to Town Code section 280-133B(2)(a)&(c), provide an Existing Conditions Plan that identifies the natural features, including 2'contours, natural drainage swales,wooded areas, and trees of six inches in diameter at a point three feet above the trunk base Response. An Existing Conditions plan was updated and provided in the plan set as required. The plan contains all existing features located on the site including limits of vegetation and topography. Please note that the Applicant is in the process of retaining a professional who can identify and mark all trees on the property over 6 inches in diameter. After all trees are identified and flagged the project surveyor will locate the trees and we will submit a tree inventory plan under separate cover. Comment 2: Provide an inventory of existing cedars, bayberry and other native shrubs and trees that have the potential to be utilized in buffers and other landscaped areas. If an inventory is not available or I ot current,this item may be submitted later in the process when conditions at the site will allow for an inventory(e.g.this spring). Response. As indicated by the comment,your office understands that due to the current weather and season,it is not prudent at this time to identify plant species effectively. Once the weather allows,the applicant will retain a professional to provide an inventory of native species on site. Comment 3: Provide building elevations of all facades for all proposed structures. Response. The elevations for all facades of each proposed building is included in this package. 100 Motor Parkway Suite 135 Engineers I Scientists I Planners I Designers Hauppauge,New York 11788 P 631.787.3400 F 631.813.2545 Ref: 29305.00 Mr. Brian Cummings, Planner Town of Southold ■ March 2, 2015 mwo- Vhb Page 2 Comment 4: Provide detailed Floor Plans for all proposed structures, including basements and attics, including length and area dimensions and identify the areas counted toward livable floor area (as defined in the Stipulation of Settlement). Response.Included in this package are revised floor plans for all units as well as the proposed community center. All pertinent dimensions have been included on the plans as well as the livable floor area. We note that Stipulation of Settlement states that livable floor area shall not include community facilities,garages,breezeways,unheated porches,cellars,heater rooms and approved basements having a window areas of less than 10%of the square foot area of the room. All other areas were calculated as livable. Comment 5: Provide Cut and fill details to expand on the Soil Management Plan provided. Response. Notes contained on the project Grading and Drainage Plan indicate that there is a 0 net cut/f it for the project. It is not anticipated that any soil will be imported or exported for use as fill on the site. Comment 6: Provide a separate key map showing the location and owners of all adjoining lands within 500'as shown on the latest tax records,at a scale of 1"=100', existing zoning lines should also be provided on the separate Key Map. Response. A Key Map also known as a radius map showing all properties and zoning districts within 500 feet of the subject property has been included in the plan set Comment 7: Provide cut sheets and fixture details for all proposed exterior light fixtures to make the submitted Photometric Plan complete for review pursuant to section 172 of the Town Code. Response.A third sheet was added to the photometric plan containing all manufacturer cut sheets for the proposed fixtures. We understand that upon receipt of this package,this application will be discussed at the next Planning Board Work Session. In light of the above, at this time we respectfully request that the Board deem this Site Plan Application complete and begin the review process. Ref: 29305.00 Mr. Brian Cummings, Planner Town of Southold ��Vhb March 2, 2015 Page 3 Thank you very much for your assistance with this project and please do not hesitate to contact me if you have any questions or require additional information. Very truly yours, VHB Eng' eering, Surveying and Landscape Architecture, P.C. aino, PE Senior Project Engineer AVL/ba enc. \\nylidata\projects\29305.00 Heritage Cutchogue\ProjRecords\FinalDocs\20150302_Town Response Letter.doc MAILING ADDRESS: PLANNING BOARD MEM13ERS OQF SOUr�ol Southold,P.O. Box 1179 11971 DONALD J.WIL Q Chair OFFICE LOCATION: WILLIAM J.CREMERS ZINC Town Hall Annex PIERCE RAFFERTY • �O 54375 State Route 25 JAMES H.RICH III ��'. (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR COUNTI Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 10, 2015 John Wagner, Esq. 100 Motor Parkway, Suite 156 Hauppauge, NY 11788 Re: Residential Site Plan for The Heritage @ Cutchogue 75 Schoolhouse Road, corner of Schoolhouse Rd. &Griffing St., Cutchogue SCTM#1000-102.-1-33.3 Dear Mr. Wagner: I am writing as a follow-up to the Work Session held on February 9, 2015 where the Planning Board determined that the above-referenced Residential Site Plan Application is incomplete pursuant to §280-133. Before the Board can commence its full review, it is necessary to complete the application by submitting the following directly to this department: 1. Pursuant to Town Code §280-133 B (2)(a) & (c), provide an Existing Conditions Plan that identifies the natural features, including 2' contours, natural drainage swales, wooded areas, and trees of six inches in diameter at a point three feet above the trunk base; 2. Provide an inventory of existing cedars, bayberry and other native shrubs and trees that have the potential to be utilized in buffers and other landscaped areas. If an inventory is not available or not current, this item may be submitted later in the process when conditions at the site will allow for an inventory (e.g. this spring); 3. Provide building elevations of all facades for all proposed structures; 4. Provide detailed Floor Plans for all proposed structures, including basements and attics, including length and area dimensions, and identify the areas counted towards livable floor area (as defined in the Stipulation of Settlement); The Heritage P a e 2 February 10, 2015 5. Provide cut and fill details to expand on the Soil Management Plan provided; 6. Provide a separate key map showing the location and owners of all adjoining lands within 500' as shown on the latest tax records, at a scale of 1" = 100'; existing zoning lines should also be provided on this separate Key Map; 7. Provide cut sheets and fixture details for all proposed exterior light fixtures to make the submitted Photometric Plan complete for review pursuant to §172 of the Town Code. Once all of the items listed above are submitted to this department, they will be reviewed by the Board at their next available Work Session. If you have any questions regarding this Site Plan or its process, please do not hesitate to call this office. Very truly yours, Brian Cummings Planner South..,d Planning Department State .report Site Plan Application Work Session — Completeness Date February 9, 2015 Prepared By: Brian Cummings I. Application Information Project Title: The Heritage @ Cutchogue Applicant: The Heritage @ Cutchogue, LLC Date of Submission: March 22, 2005; revised January 2, 2015 Tax Map Number: 102.-1-33.3 Project Location: 75 Schoolhouse Road Hamlet: Cutchogue Zoning District HD (Hamlet Density) SEQRA Positive Declaration — revised DEIS to be submitted (it was submitted on January 2, however some corrections had to be made and the corrected version will be re-submitted soon) Ill. Description of Project Type of Site Plan: Residential Site Plan Acreage of Project Site: 46.17 Proposed: 130 detached and attached dwellings 0 40 "Type A" units (1,999 +/- sq. ft. livable area), 0 90 "Type B" units (1,599 +/- sq. ft. livable area). 0 260 parking spaces Community Center (6,190 sq. ft.) with a o ±1,125 sq. ft. outdoor swimming pool, o two tennis courts, o a putting green, 0 36 parking spaces III: Completeness Review A. Review of Consistency with the Conceptual Plan and Terms of Stipulation As a part of the stipulation of settlement, the applicant was required to submit a revised site plan application to the Planning Board. This application "shall be substantially consistent with the conceptual development plan" (see Stipulation of Settlement), and includes the following elements and is subject to the following restrictions: 1 1. Development to include no more than 130 residential units, each comprised of one or more stories, all of which shall be condominium units; Submitted: 130 units are proposed 2. Development shall not include more than 245,000 square feet of"livable floor area" (see stipulation for full definition); Submitted: This item is yet to be determined. Complete floor plans of the proposed development plan have not yet been received for review. 3. Development shall include setting aside of at least 50% as "Open Space" that meets all setbacks and open space requirements; Submitted: A plan has been submitted showing 50% open space as defined for the purposes of the settlement. The exact configuration of this open space may be required to change during the review process, however the possibility of the applicant being able to provide 50% open space and thus meet this item of the stipulation of settlement has been established. 4. Subject property shall be made subject to a covenant and restriction limiting occupancy of all residential units to persons of the age 55 years or older; a spouse of any age, provided the spouse of such person resides in the unit and is 55 years or older; children and grandchildren residing with a permissible occupant, provided such children or grandchildren are 19 years of age or older; and individuals, regardless of age, residing with and providing physical support to a permissible occupant; Staff: this item will be satisfied by requiring the filing of the language above with the Office of the Suffolk County Clerk during the site plan process 5. Subject property will be developed in one or more phases and in accordance with the use, area, dimensional, parking, drainage, and other regulations applicable to the Town's "Hamlet Density (HD) Residential" zoning district; Staff: the items included in the requirement above will be addressed during review of the site plan application 6. Conceptual Plans (and whether the proposed plans are substantially consistent with them) a. Conceptual Plan 1 Overall Layout (illustrating overall layout of roads, dwelling units, community center, pool, tennis courts, setbacks, and buffers) i. The following changes from the conceptual plan in the stipulation to the plan submitted in the application have been observed including, but not limited to: 2 (1) Community Center in a new location (2) Tennis courts in a new location (3) Road configuration different on the eastern half of the development. (4) Building sizes on eastern half now all the same size (there were 10 buildings on the conceptual plan that were markedly smaller than the others (they are identified on the conceptual open space plan with diagonal lines) (5) Septic systems changed from seven clustered systems located in center of property to 36 smaller systems located closer to the property boundaries. b. Conceptual Plan II Open Space (illustrating open space) i. The configuration has changed from the conceptual plan, most notably the loop roads that provided a green at the front of many of the units on the eastern half of the property have been eliminated. B. Standard Site Plan Requirements Checklist (see attached checklist for more details) Missing items: 1. §280-133 B (1) (g) —separate key map showing location and owners of all adjoining lands within 500', as shown on the latest tax records, at a scale of one inch equals 100 feet 2. §280-133 B (1) 0) — Existing zoning, including zoning lines and dimensions 3. §280-133 B (2) (a) — Existing contours with intervals of two feet or less (or spot elevations). 4. §280-133 B (2) (c) The location of existing natural features, including but not limited to natural drainage swales, watercourses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitats, flood hazard areas, erosion-prone areas and trees of six inches in diameter at a point three feet above the trunk base. 5. §280-133 B (4) (i) — Building elevations for all facades and floor plans showing the proposed use of floor area and identifies the livable floor area as per the definition in the Stipulation of Settlement. III: Staff Recommendations 3 A. Further review of the differences between the Conceptual Plan/Stipulation and the revised application to determine whether to find it substantially consistent at the next work session. B. Find the site plan application incomplete pursuant to §280-133, with the following information to be submitted to this Department immediately: 1. Provide a detailed existing conditions plan that identifies the natural features, including 2' contours, natural drainage swales, wooded areas, and trees of six inches in diameter at a point three feet above the trunk base. Include an inventory of existing cedars, bayberry and other native shrubs and trees that have the potential to be relocated to buffers and other landscaped areas (this last item would have to wait until spring if the information wasn't already collected in the very recent past). 2. Provide building elevations, of all sides/facades, for all proposed structures; 3. Provide detailed floor plans for all proposed structures, including basements and attics, including length and area dimensions, and identify the areas counted towards livable floor area (as defined in the Stipulation of Settlement); 4. Provide cut and fill details to expand on the soil management plan provided; 5. Provide a separate key map showing the location and owners of all adjoining lands within 500'; as shown on the latest tax records, at a scale of 1" = 100% existing zoning lines should also be provided on this separate key map. 6. Provide cut sheets and fixture details for all proposed exterior light fixtures to make the submitted photometric plan complete for review pursuant to §172 of the Town Code. C. It is recommended that all of the items listed above are to be submitted to this Department and reviewed by the Board at their next available work session. Once the application is found complete for review, referrals will be distributed to interested/relevant agencies. D. Choose a consultant to help review the DEIS (proposals to be handed out) a. AKRF b. Cameron 4 Southuld Planning Department Checklist for Site Plan Application Completeness - Section 280-133 Project Name: The Heritage @ Cutchogue Completed by: Brian Cummings Date: February 9, 2015 Received Comment A. Submission of a complete site plan application shall consist of: (1) A completed site plan application form. (2) The site plan review fee, as specified in Subsection B Fees have been below. Editor's Note: See now § 280-138, Fee schedule for N/A previously paid site plan applications. .. . .. ...... _. . ......... .... ........................................ (3) A completed environmental assessment form. ... . .... ............... .. . �.. (4) Nine copies of the site plan. _ .......... ................ ....... .. ........... . . .... (5) Four copies of a property survey, certified by a licensed land surveyor. _. .... ..... ......... .. B. Standards. Site plan design shall include the following items: .......... ........ . ....... ........... . ............... _... .............._........................... 1) Technical data:( _......_......_..........._..........................._................._............................................................_........ ............................... ........................._............................................................................... .... ......... .......... ..............._.._.........._. (a) The lot, block and section number of the property, taken from t .......... _... .. ......... ................................. _._..................._............................................._.._._.................. ..._.... ....................... ......................._..................................... ...................... ..... b The name and address of the landowner on record: ... _._.. .__ . ...... ....... 11 The names and addresses of adjoining landowners. ............. ..................................................... ..._._.................__.............................. .. ........_.._............_._......................._.........._.__..._................................................................................... [2] The name and address of the applicant, if not the same as the landowner. _ ....... ........... (c) The name and address of the person, firm or organization preparing the map, sealed with the �l applicable York State license seal and signature.._........_. ..... ................................................... ................................................._................................. (d) Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date o reading. ....................................... . 9. ..._..... _ 9.. ...__. ..._� ._...... ....._......................_....._............_.............__._.._......................__ ..........................................._ .........._.._........._........................_..._.........._ (e) A survey prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. ............_........__.........._._............. ... . ........._.................._........_.__........................................._............_......_....._.........................._.................................._............_.........._............._......................................._._............................._.........._......................._. (f) The locations, names and widths of all rights-of-way within 500 feet of property lines. If none exist within 500 feet of the subject property, indicate the distance to the �l nearest intersection with a public street. . ........ .. (g) A separate key map showing location and owners of all Not provided adjoining lands within 500 feet, as shown on the latest X tax records, at a scale of one inch equals 100 feet. (h) The location, width and purpose of all existing and Not proposed easements, setbacks, reservations and areas provided. dedicated to public use within or adjoining the property. X Can be seen in GIS 1 Checklist for Site Plan Application Completeness Southold Planning Department (i) A complete outline of other existing easements, deed N/A restrictions or covenants applying to the property. (j) Existing zoning, including zone lines and dimensions. X Not provided (k) Site plans drawn at the scale of one inch equals 20 feet. If all required information cannot be shown clearly on �l one plan, the information should be separated as follows: [1]Alignment,and schedule plan. [2] Grading and drainage. [3] Landscaping. [4] Other, e.g., site utilities. . ... .... .. - - Received Comment (2) Natural features: .._....__ ..... .... .. .......... . ..... ........ ..... . .... ........ ......... _. ........ ......... Need (a) Existing contours with intervals of two feet or less, ed updated referred to mean sea level as per United States X existing Geological Survey datum conditions plan (b) Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wetlands N/A and intermittent streams, perimeter boundaries of shorelinebluffs, dun......................................_..............._........_............._ ..._._.._...............__......._......_.........._.........._........................................_..._.. ..__........._......................_................._........_..._......_..._....................................._.._. (c) The location of existing natural features, including but Existing trees not limited to natural drainage swales, watercourses, (>_6in) not wooded areas and wetlands, as defined by the New provided - York State Department of Environmental Conservation provide in the and the Board of Trustees of Southold Town, marshes, X existing ponds, dunes, bluffs, beaches, kettleholes, conditions plan escarpments, wildlife habitats, flood hazard areas, erosion-prone areas and trees of six inches in diameter at a point three feet above the trunk base. ..............................................._.........._ ...................._................_......____......_._.___..._........._......................._................................................................._.............................................................................................._......... ...._......._...................._............. (d) The location of any existing cultural and historical features within 500 feet of the property boundaries. N/A (3) Existing building..structures and utilities: .. ...... . _........... ..... (a) The locations, dimensions and outlines of all buildings, as defined in § 280-4 of this chapter, and all uses of the N/A site. (b) Paved areas, including parking areas, sidewalks an vehicular access between the site and public streets. N/A ...... ..... ....... ..... .... ......... .. ..... .p..... (c) The locations, dimensions, grades and flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and N/A aboveground utility poles and utility lines within and adjacent to the property. (d) The location and use of all buildings and structures, including curbcuts, within 200 feet of the boundary of the �I subject property. 2 Checklist for Site Plan Application Completeness Southvid Planning Department Received Comment (4) Proposed construction: (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. ................. ...... . .. ...................................... .. ..... .................... . ... ._....... (c) The location, direction,power level and time of use for any Photometric plan proposed outdoor lighting or public address systems. provided; no cut sheets of fixtures (d) The location and plans for any outdoor signs must be in accordance ............ ............................................................... ................ .... ......... . ........... . (e) The location and details of aprons, curbs, sidewalks, fencing (type and location), and grading, including existing and proposed topography with two-foot contours (on site and 200 feet beyond the property line) and spot elevations for buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable _....... (f) Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter 161, Highway Specifications ....... (g) The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and location. .........................................................................__......................................._......................................._......_..........................._............... .. ............ (h) The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire wells and fire hydrants and/or any alternate means of water supply ly an p..� d sewage a disposal and treatment. ..... .. . ....................... ................._............................................................_........................................................................................ (i) Building elevations for all facades and floor plans showing Detailed floor the proposed use of floor area. X plans&building elevations not submitted ... _._... .._._.._.. ..................................................................... ....... ..........................................: .............. .. .... .. . _ ........... Notes: Site Plan Application elements waivers: § 280-133 C. Notwithstanding the foregoing,the Planning Board shall have the discretion to waive any or all of the requirements of this § 280-133 by resolution at a duly noticed public meeting, for those applications involving modifications to existing structures with no substantial change to the existing footprint,where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), if it determines such requirements are not necessary to protect and maintain the public health, safety, or welfare and to further the objectives set forth in § 280-129. 3 Checklist for Site Plan Application Completeness Southold Town Planning Board Work Session - February 9 2015 - Page 2 --....._,_...—._....._....._.........._._......................._.._._............._._..........._—..._............................._._............._........._..._...._._..................._.-.-...._.....----.........__—_..__.._._......------._._...- Pro'ect Name: Mattituck Fire District SCTM#: 1000-140-3-11.1 J Telecommunications Facility... .._.._.......:.....- --- -- ------.....__._...---- ----- -------- ....... Location: _1000 Pike Street, Mattituck_ _....._....__—..._.._........_..............._...... _.______..____..�_._....__________ Description: This proposed Site Plan is to replace an existing ±84' communications tower with a 120' monopole for public safety wireless communications to include antennas for Mattituck Fire District and three (3) empty 10' sections for possible future co-location of additional wireless carriers along with associated equipment and a generator to be mounted on the roof of the existing firehouse. There are ±14,370 sq. ft. of existing j j buildings including the main fire house and associated accessory i structures, all on 1.38 acres in the Hamlet Business Zoning District. Status: _ New Application Action: i Review for completeness__ Attachments: ; Staff Report _.___.... ._ Project Name: The Heritage at Cutchoue 2 5 SCTM# : 1000-102-1-33.3 Location: i 75 Schoolhouse Road, on the n/w corner of Griffing Street and School (i I House Lane, approximat.eiV 1,079 feet n/o the Main Road, in Cutchogue. ! Description: This proposed Residential Site Plan is for the development of 130 detached and attached dwellings classified in two types: 40 "Type A" units (1,999 +/- sq. ft. livable area), and 90 "Type B" units (1,599 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,190 sq. i ft. community center with a ±1,125 sq. ft. outdoor swimming pool, two tennis courts, a putting green, 296 parking spaces of which 260 are associated with the individual dwelling units and 36 are associated with the community center, and various other associated site improvements, j on a vacant 46_17-acre parcel in the Hamlet Density (HD) Zoning District.I Status: Revised Application Action: ; Review for completeness. j Attachments: i Staff Report Discussion: ❖ Comments to ZBA re: o Theodore C. Martz Jr., SCTM#1000-104-12-6.1, 555 Broadwaters Road, Mattituck (lot area variance) o William Penney III/ Sukru Ilgin, SCTM#1000-55-5-2.2, 45450 CR 48, on the corner of Youngs Avenue & CR 48, Southold (setback variance & Special Exception) o Peconic Landing at Southold, Inc., SCTM#1000-35-1-25, 1205 Route 25, ±2,390' e/o Sound Road & NYS Rt. 25, Greenport (fence height variance) o Draft Planning Dept. Monthly Report for January 2015 MAILING ADDRESS: PLANNING BOARD MEMBERS ``�QF so P.O.Box 1179 DONALD J.WILCENSKI �QV� �� Southold,NY 11971 Chair OFFICE LOCATION: WILI.IAM J.CREMERS us Town Hall Annex PIERCE RAFFERTY �Q� 54375 State Route 25 JAMES H.RICH III ��, (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR coo 1`i`' Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 7, 2015 Ms. Janice Jijina, P.E., AICP Cameron Engineering &Associates, LLP 100 Sunnyside Boulevard, Suite 100 Woodbury, NY 11797 Re: DEIS Review Request for Estimate Proposed Residential Site Plan for The Heritage at Cutchogue SCTM#1000-102-1-33.3 Dear Ms. Jijina: The:Planning Department is in receipt of a residential site plan application to construct 130 residential condominium units and associated structures on the north side of Griffing Street and School House Lane in Cutchogue. For your convenience, the file, including the Draft Environmental Impact Statement (DEIS), is available on our website (http://www.southoldtownny.gov/ , LaserFiche, Planning, Applications, Site Plans, Pending, 1000-102-1-33.3, 2015 Heritage at Cutchogue). If you require a paper copy of the DEIS, please let us know and we will send it immediately. Please provide an estimate for the cost of your consulting services to determine the adequacy of the DEIS for public review, including an initial review and report, a potential second review of-a revised DEIS if revisions are necessary, and attendance at the DEIS public hearing. We are hoping to have your estimate before 1pm this Monday so we may present it to the Planning Board for their approval. The DEIS was submitted on January 2 and we have 60 days to find it adequate for public review. Please include in your estimate the time-frames in which you can complete the work, and elaborate on your ability to meet the standard SEQR deadlines (we are willing to request additional time to complete if necessary). We are also interested in finding out more about your staff and their expertise as it relates to topics of concern identified in the DEIS including traffic and groundwater pollution. Thank you for your attention to this matter. Should the Planning Board.approve your estimate, a purchase order will be provided authorizing this application's review to begin. Please, do not begin review until you are authorized to do so in writing. If you have any questions or wish to discuss this further, please contact me. Best regards, Heather Lanza, AICP Planning Director cc: Planning Board David Berg, AICP, Cameron Engineering 2 A�ke CE<Lmfip AL,II�1 100 MOTOR PARKWAY,SUITE 156 HAUPPAUGE,NY 11788 t.i.��t,`1,;S PHONE:631.979.3000 EAx:631.979.7070 www.certilmanbalin.com JOHN M.WAGNER PARTNER iwaener0certilmanbalin.com January 2, 2015 BY HAND Planning Board of the Town of Southold Town Hall Annex (Capital One Bank Building) JAN 0 2 2015 54375 State Route 25 Southold Town P.O. Box 1179 Planning Board Southold,NY 11971 Re: Site Plan Application for The Heritage at Cutchogue--North Side of Griffing Street and School House Lane, in Cutchogue, Town of Southold,New York—Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Honorable Members of the Planning Board: We are the attorneys for The Heritage at Cutchogue, LLC, which is the applicant for the above-referenced site plan application. Pursuant to the "Stipulation of Settlement"in the New York State Supreme Court action entitled NOCRO, Ltd., et al. against Russell, et al. (Suffolk County Index No. 09-19101), which"Stipulation of Settlement"was "so ordered"by the Supreme Court on September 25, 2014, we respectfully submit herewith the following, in furtherance of the above-referenced application: 1. An executed"Amended Site Plan Application Form," dated 12/31/14, to which is annexed a copy of a deed demonstrating compliance with the Lot Recognition requirements of Southold Town Code §280-9; 2. An executed and notarized "Applicant's Affidavit,"dated December 31, 2014; 3. A signed agent authorization letter, dated December 31, 2014; 4. An "LWRP Consistency Assessment Form," dated December 29, 2014; 5. Nine (9) copies of a site development plan for the amended site plan application; 2995719.1 CERTILMAN BALIN ADLER&HYMAN,LLP NASSAU OFRCE:EAST MEADOW,NY 11554 CE<LM_L.IALIN Planning Board of the Town of Southold January 2, 2015 Page 2 of 2 6. Eight(8)hard copies of the "Draft Environmental Impact Statement" for the subject amended site plan application; and 7. A disk containing an electronic copy of the foregoing"Draft Environmental Impact Statement." If the Planning Board or its staff have any questions,please contact me. Very truly yours, John M. Wagner Enclosures cc (by e-mail): Frank A. Isler, Esq. (letter only) 2995719.1 SOUTHOLD PLANNING BOARD d E C C � V E AMENDED SITE PLAN APPLICATION FORM. JAN 0 2 2015 Site Plan Name and D.,ocation Southold Town Planning Board Site Plan Name: The Heritage at Cutchogue Application Date: Suffolk County Tax Map#1000- 102 - 01 - 33.3 Other SCTM#s N/A Street Address: N/S Griffing Street and Hamlet: Cutchogue School House Lane Distance to nearest intersection: Type of Site Plan: New x Amended x Residential . ZoningDisdict Hamlet Density (HD) Residential Ow►nerVAgeut Contact Information Please list mme, mailing address wdphow manberfor the people below: Property Owner NOCRO, Ltd. Street c/o Richard F. Lark, Esq. , Lark & Folts, 28785 Main Road, PO Box 97 City Cutchogue State N.Y. Zip 11935-0973 Home Telephone Other 631-734-6807 Applicant The Heritage at Cutchogue, LLC Street 1721-D North Ocean Avenue City Medford State N.Y. Zip 11763 Home Telephone Other 631-207-5730 Applicant's Agent or Representative: Contact Person(s)• John M. WAgner, Esq. , Certilman Balin Adler & Hyman, LLP Street 100 Motor Parkway, Suite 156 City Hauppauge State N.Y. Zip 11788 Office Telephone 631-979-3000 Other 'Unless otherwise requested,correspondence will be sent only to the contact person noted here. NOTE: Please send correspondence to both the Applicant and the Applicant's Agent. Me PlanApplloadon Farm 2/1812010 Site—Data Proposed construction type: X New Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: 2,003,582 xs cdsq. ft. Site Plan build-out acreage or square footage: 7.07 ac./sqA. (Includes 130 residential units and community center) Is there an existing or proposed Sale of Development Rights on the property? Yes No X If yes, explain: Does the parcel(s) meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? Y X N� If"yes",explain(and attach any necessary documentation—title report, subdivision approval, etc.) The parcel is described in a deed, dated April 1. 1982, recorded at Liber 9443. Page 507 (copy annexed hereto Building Department Notice of Disapproval Date: / / N/A Is an application to the Southold Town Zoning Board of Appeals required? Yes No x If yes, have you submitted an application to the ZBA? Yes No X If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: None (vacant) List all proposed property uses: Residential condominium units Other accessory uses: Community center, pool, tennis courts, parking spaces, ,putting green Existing lot coverage: 0 % Proposed lot coverage: 18 % Gross floor area of existing structure(s): 0 sq. ft. Gross floor area of proposed structure(s): 223,870 sq. f t Parking Space Data: #of existing spaces: 0 #ofproposed spaces: 296 Loading Berth: Yes No x Landscaping Details: Existing landscape coverage: 0 % Proposed landscape coverage: 67 % Wetlands: Is this property within 500' of a wetland area? Yes No x Maybe I,the undersigned,certify that all the above information is true. Signature of Preparers Date: `-y-�1 A1 hn M. Wagner Esq. 2 Site PlanApplicarlon Form 2,181010 sM2 PL LT.U.Foam VOR s.rydn=W eao o«a,wn Comuo gMhM Grantors A wl or owpo-don CONSULT YOUR LAWYER BORE SOMM16'MIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE,made the 1st day of April nineteen hundred and eighty-two between' LEISURE. GREENS, INC., a domestic corporation having its przacipAl office Main Road, [No #), Mattituck, New York. CTI 9410 - N R TAX S iJ93QIIIRED ✓ co-partnership with offices party!vf the first part,and LEISURE GREENS ASSOCIATES, a partn, p at (NEB #) Main Road,"P.O. Box 127, Mattituck, New York j party of the second part, VATNESSETH,that the party of the first part,In.consideration.of 01.00 Ten and 00/100•---------------------------------($Io.00)------------------ dollars, Blk. lawful money of the United States, paid Of 033.001 by the party of the second part,does hereb?grant and release unto the party of the second part,the heirs,or Lot successors and assigns for the party of the second part forever, PARCEL ONE ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected;situate,lying and beings at Cutchogue, Town of Southold, County of Suffolk and State of New York, �0' i mare particularly bounded and described as follows: 13 BEGMUM:'At a point which is located the following four courses and distances from the corner• formed by the intersection of the northerly line of Main Road and the westerly line*of Griffing Street; (1) North 400 0.2 40" Nest 73.50 feet; (2) North 420 09! 00" West 2Z.Q:3fa0''f ; ) North 42° 09' 00" west 140.27 feet;. . (4) North 380�37"0"40" West 642'.92 feet; 41 measured along thb ,westerly line of Griffing Street; running thence from said point of beginning along other land of Leisure Greens, Inc., South.520'551' 20" West 162.41 feet to land of The Roman Catholic Church of the Sacred 9eart at Cutchogue; running thence along said last mentioned land the following two courses. and distances,: (2) North 37° 13' 30" West 400.00 feet; t'2) • South 53' 051 .40 " -West 407.21 feet to land now or formerly of Greiner and Pelkovskg; running thence along said last mentioned land North 360 54' 20" West 2009.51 feet to land now .or formerly of Zuhoski,; runnin thence along said last mentioned land North 50'° 18' 10" Nast 251.03 feet to land now.or form'erlg" of Beebe; running thence along said last Mentioned land,the following three^courses and distances: " (1) North 56? 00, 50" East 145.Z8 feet; [2) -South 37° 18,r 30" East 221.47, feetf (3) North 390 29' 10" East 563.41 feet to land now or formerly 'of.Xurczewski; running thence along said last mentioned rancT.South 389 30' So" East 2901.44 feet to land now or formerly of,Tyler; running thence along said last mentioned land the following two courses and distances; (,Z) South 37° 38' 50'". West 210.23 feet; (Z1.i1Sout2 37P 04' 40" East 273.68 feet to land. now or formerly•of the mowil Of Southold; running, thence along said.last'-penti--oned land ,the tiollowi-ng two•codlses- and distances; . (.11. 8buth. W .55' 20" f es-t 170.00 feet (2) South 37° 04! .407 iast.95.00'_feet to the northerly side of School House Road; running thence along the. north rly side of School House Road South 520 55A 201, West 55.10 feet to -tie paint or place of beginning. (over) R . REAL' q ; ocr 18 TR• SFER TAXSUFFOLK COU ..'�' .� �l: `;E•' .� �AFC 1VV\� ...... .-.. -... .........�..... .. .. ........_.... ..... ... .. -._... ................... ...._......-..... _....... LiBER # JPAGf PARCEL WO ALL that certain plot, piece.or,parcel of land, with the building's and improvements theleon erected, situate, lying and -being at Cutchogue, Town of Southold, County, of Suffolk and State of NeV:.,York,..bounded and described as follows: BEGIRNIN'G .•at a point on the westerly side of Grifffng'Street at the northeast corner of land of The Roman Catholic Church of.The Sacred"Weart at Cutchogue, which point is- distant the following twiD courses and distances from the intersection bf the westerly side-of Griffing Street with the northerly side. of Main State Road; (1) North 40° 02' 40".Vest 73:.50 feet; (2) North 420 0911 00" West 210.M feet, as measured along the westerly line of :Griffing Street; g- thence along said land of The Roman Catholic Church of.the Sacred Heart at Cutahogue the following five courses and distances: . (1) South'51° 22.' 50" Wrest '1,89.14 feet; (2) South 76' 43' 20" West 225.00 ,feet; (31 North 69" 14' 30. .west 67:00..t'eet; (4)- North 36°•54•1 20" West 640.00 feet; •(5) North 52 55'.-20 .'Fast-237..59.-feet to 'other land of Leisure Greens, Inc.; thence along . ..said ,last mentioned land North 520 55' 20" .East 162.41 feet to the westerly side..,of Griffin Street; thence along- the westerly side of .Griffing Street, the folldpidng•two.Griffin and distances: (1) South 380 32.' 40" East 642.92 feet (a)' South 42�° .091 DO" East 140.27 feet to the point or place of beginning. This deed.is made and -executed by the grantor herein for the purpose of corzec1li :the.'description.in a certain other deed between the same parties, dated April 11. Z982; recorded in Liber 9259. cp.; 30. 1' -:9443PAGE509 prYt TOGETHER with all rights,title and Interest,if any,of the party of the first part:in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights ofthe partyofthefimt part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs of successors and assigns of the party of the second part forever. . ` AND the party.ofthefirstpacfcovenaritsthatthe party ofthefirst part has.notdone orsuffered anything wherebythe said premises'have bi eW.i"'sled in.any way whatever,except as aforesaid. AND the party of the first part,In compliance with Section 13 ofthe Lien L.aw,'obvenants thatthe party ofthe first part will-receive the consideration forthi's conveyance and will hold the rightto receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and'will apply the same firatto the payment of the cost of the improvement before using any part of the total of the some for any other purpose. The word"party"shall be construed as if it read "parties"whenever the sense of this indenture so requires., IN WITNESS VMEREOF,the party of the first part has duly executed this deed the day andyea r first above writtan. IN PRESENCE OF: :.e�;.; #Oniep ed a resq`denib f :. ., 4 i ►.�IP9443PAGE510 STATE OF NEW YORK,COUNTY OF ss: STATE OF NEW YORK,COUNTY OF as: On the day of 19 before me On the day of 1.9 before me personally came , '. personally came to me known to be the individual Jibed in and who to me known to be the individual- described in and who executed the foregoing inatrUrri6 t,'�edd acknowledged executed the foregoing instrument, and acknowledged that executed the some. that executed the some. STATE.OF NEW YORK,COUNTY OF SUFF'OLII` '` ` ''as:. STATE OF`NtW YORK,COUNTY OF as: On the 1st day of April 1.9.02 , before me On the day of 19 , before me personally came SZ'ANIEY SLELITESKS personally came to me known,who;.being.by.me duly,sworn,did depose and the subscribing witness to the foregoing instrument,'with say that he resides at No. 2760 Ruth Road, whom I am personalty acquainted,who, being by me duly Mattf tuck, New York. swom,did depose and 'say that he resides at No. that he is the President ;that he knows• Of LEISURE GREENS, INC. to be the individual the corporation described described In and who executed the foregoing instrument; in and which executed the'foregoing instrument; that .he that he, said subscribing witness, was present and saw knows the seal of said corporation that the seal affixed to said Instrument is such corporate seal; that it was so affixed by execute the same; and that. he,said witness, order of the board of directors of said corporation, and at the same time subscribed h name as witness thereto. that he signed hi's name'thereto by like order. /Xotwey Public Itay Lou otitwetu ►RY pjMLW-*d k'610104 a�iMUatDone8s•lei -m nub #I& lita ' SEC nON 1Mkh Covenant,Against Grantor's Acts BLOCK Title No. 5�-32� �7'.,�7,� LOT COUNTY OR tOWN lammE GREENS, INC. Recorded at Request of TO �. WIM TITLE INSURANCE Company of New Bork RETURN BY MAIL TO " Q.W GREENS ASSOCIATES ►' �'' Ri'chard F. Lark, Esq. Maim Road P.O. Box 973 ?� 4• ,fir>!o> Cutehogue, New York 11935 "p t Zip No. } .30 '�p..� r�F..a� � ��li�►.. .._ v •`.' ,ice .:� , . '+:ram'• t� - .�•i•w .. Y.. _ 2094 .a. ` ss � � 1c: APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK Jeffrey Rimland being duly sworn, deposes and says that he resides at 8 Doyle Court, Port Jefferson in the State of New York,and that he is the owner of the above property, or that he is the Managing Member ofda The Heritage at Cutchogue, LLC, a New York limited (Title) (Specify whether Partnership or Corp.)liability company which is hereby making application;that there are not existing structures or improvements on the land which are not shown on the Site Plan;that the title to the entire parcel, including all rights- of-way, has been clearly established and is shown on said Plan;that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads;that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same;that the plans submitted,as approved,will not be alter or changed in any manner without the approval of the Planning Board;and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. Signed Je rey Rimla d, Managing Member of The Heritage t Cutchogue, LLC Signed (Partner or Corporate Officer and Title) Swore to me this 31 day of Necember 2014 ►,yc:Ga fA.Zwolinsloi ,N.%xy Public.State&New York No.4964778 QuzfiW' Suffolk ty2o! 60 my C .•e _Notary Public THE HERITAGE AT CUTCHOGUE, LLC 1721-D NORTH OCEAN AVENUE MEDFORD, NEW YORK 11763 (631) 207-5730 December 31,2014 Planning Board of the Town of Southold 54375 State Route 25 P.O.Box 1179 Southold,NY 11971 Re: Amended Site Plan Application for The Heritage at Cutchogue North Side of Griffing Street and School House Lane,Cutchogue, Town of Southold,New York—Suffolk County Tax Map Parcel No. 1000-102.00-01.00-033.003 Dear Planning Board: Please be advised that The Heritage at Cutchogue,LLC,which is the applicant for the above-referenced amended site.plan application,hereby authorizes its attorney,John M.Wagner,with offices at Certilman Balin Adler&Hyman,LLP, 100 Motor Parkway,Suite 156,Hauppauge,New York 11788,and telephone number(631) 979- 3000,to act as its agent with regard to the above-referenced amended site plan application. truly yours, Je Rimland, ' g M of The 'cage at ogue,LLC. 2995601.1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits card other ministerial permits not located within the Coastal Erommi Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant ficant beneficial and adverse effects ujpQn the coastal area(which includes all of Sold Town). 3. If any question in Section C on this form is answered "yes" or"no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer most be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy ofthe LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 102.00 - 01.00 - 033.003 PROJECTNAME The Heritage at Cutchogue The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board R Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.gram,loan, subsidy) (c) Permit,approval, license, certification: 0 Nature and extent of action: Site plan approval for proposed 130-unit residential development with accessory community center, pool, putting green, and tennis courts Uxuttionofaction: NIS Griffing Street and School House Lane, Cutchogue, New York Siteacreage: 2,003,582 square feet Present land use: Vacant Present zoning classification: Hamlet Density (HD) Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: The Heritage at Cutchogue, LLC (b) Mailing address: 1721-D North Oeean Avenue Medford, New York 11763 (c) Telephone number: Area Code( ) 631-207-5730 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 0 No❑ If yeS,whiCh state or federal agency? New York State Department of nv ronmen a onservation C. Evaluate the project to the following policies by analyzing how the project will farther support or not support the policies. Provide all proposed Beat Management Practices that will farther each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development In the Town of Southold that enhances community character, preserves open apace,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable See Schedule "A" annexed hereto Attach additions[sheets if necessary Policy 2.Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria M Yes ❑ No ❑ Not Applicable See Schedule "B" annexed hereto Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Q Yes ❑ No ❑ Not Applicable See Schedule "C" annexed hereto Attach additional sheets if neoessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria X Yes ❑ No ❑Not Applicable See Schedule- "D" annexed hereto Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 through 32 for evaluation criteria. xj Yes [:] No ❑Not Applicable See Schedule "E" annexed hereto Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill — Policies Pages 32 through 34 for evaluation criteria. XQ Yes ❑ No❑ Not Applicable See Schedule "F" annexed hereto Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. n Yes ❑ No ❑ Not Applicable See Schedule "G" annexed hereto PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No 0 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No [fl Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No n Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. El Yes ❑ No❑ Not Applicable See Schedule "11" annexed hereto Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable See Schedule "I" annexed hereto PREPARED BY John M. Wagner TITLE Attorney DATE December 29, 201� Amended on 811105 SCHEDULE A (DEVELOPED COAST POLICY 1) Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development The location of the subject property proximate to Cutchogue's hamlet center, and within the Hamlet Density (HD) Residential zoning district, is in keeping with the existing community character of higher densities clustered around hamlet centers. As indicated in the Town of Southold Local Waterfront Revitalization Program (Southold LWRP), higher density housing enhances existing development patterns, utilizes space and infrastructure more efficiently, and discourages sprawl. Accordingly, the proposed project is consistent with this policy. 2993925.1 SCHEDULE B (DEVELOPED COAST POLICY 2) Protect and preserve historic and archaeological resources of the Town of Southold Archaeological investigations of the subject property have concluded that the subject property did not warrant further study with respect to such resources. Moreover, as indicated in the Draft Environmental Impact Statement (DEIS) for the proposed project, the project will not have significant adverse impacts upon archaeological resources. Accordingly, the proposed project is consistent with this policy. 2993925.1 SCHEDULE C (DEVELOPED COAST POLICY 3) Enhance visual quality and protect scenic resources throughout the Town of Southold The Town of Southold Local Waterfront Revitalization Program (Southold LWRP) explains that scenic resources in the Town have been traditionally based on agriculture and maritime activities. The subject property is neither agricultural land nor located along the waterfront, and there are no significant views of the subject property from surrounding roadways, including the more well-traveled arterials in the area. In addition, the proposed Heritage at Cutchogue condominiums will be developed with traditional architectural elements and extensive landscaping on-site, which will provide a pleasing aesthetic for the project residents and immediate neighbors, and a buffer with natural vegetation will be planted around the property perimeter. Accordingly, the proposed project is consistent with this policy. 2993925.1 SCHEDULE D (NATURAL COAST POLICY 5) Protect and improve water quality and supply in the Town of Southold The purpose of this policy is to protect the quality and quantity of groundwater and surface waters in the Town. Possible sources of contamination are identified as careless fertilizer and pesticide application practices, stormwater runoff, malfunctioning on-site wastewater treatment systems, and boater pollution. The proposed Heritage at Cutchogue condominiums will incorporate stormwater management infrastructure for the proposed development that will ensure that stormwater runoff generated by the project site will be collected and recharged on-site through the use of an integrated stormwater management system. Moreover, the sanitary systems for the proposed project will be designed with adequate capacity for sanitary wastewater generated by the development, in conformance with both the standards set forth in Article 6 of the Suffolk County Sanitary Code (SCSC) and the standards and requirements of the Suffolk County Department of Health Services (SCDHS). In addition, landscaping for the project site will include low-maintenance native species that require minimal application of fertilizers and/or pesticides and irrigation. Moreover, as indicated in the project Draft Environmental Impact Statement(DEIS), the stormwater and sanitary infrastructure on the project site will be designed such that no significant adverse impacts with respect to water quality are expected. Based on the above, the proposed project will be consistent with this policy. 2993925.1 SCHEDULE E (NATURAL COAST POLICY 6) Protect and restore the quality and function of the Town of Southold ecosystems including Significant Fish and Wildlife Habitat and wetlands Although the development of the proposed Heritage at Cutchogue project will require the removal of 45.99+ acres of vegetation from the project site, as indicated in the Land Use subsection of the project Draft Environmental Impact Statement (DEIS), no significant or protected ecological communities or species have been identified on the project site. In addition, 23+ acres of open space will be incorporated into the site design, including native plantings and lawn areas, in conformance with the so-ordered "Stipulation of Settlement" in the action entitled NOCRO, Ltd., et al. v. Russell, et al., pursuant to which the subject amended site plan application has been designed and submitted. For the foregoing reasons, the proposed project is consistent with this policy. 2993925.1 SCHEDULE F (NATURAL COAST POLICY 7) Protect and improve air quality in the Town of Southold The.Town of Southold Local Waterfront Revitalization Program (Southold LWRP) indicates that a main contributor to air pollution is the expansion of automobile use within the Town. As the subject property is located within walking distance of the Cutchogue hamlet center, it is anticipated that residents of the Heritage at Cutchogue will be able to walk into the hamlet center, thereby reducing automobile trips. In addition, as the Heritage at Cutchogue will be served by natural gas (i.e., a cleaner- burning fuel compared to No. 2 fuel oil) via grid connections, no significant stationary sources of air pollution are planned as part of the site design. Based on the above, the proposed project will be consistent with this policy. 2993925.1 SCHEDULE G (NATURAL COAST POLICY 8) Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes Solid waste and recyclables will be collected and disposed of, in the proposed development, by private carter. It is expected that the private carting company will comply with all applicable rules and regulations with respect to management of solid waste, recyclables, and hazardous substances. Moreover, there will be no storage of home heating oil on-site, as the proposed condominiums will be served by natural gas. Finally, as a residential development, the proposed Heritage at Cutchogue will not generate hazardous substances. The proposed development is, accordingly, consistent with this policy. 2993925.1 SCHEDULE H (WORKING COAST POLICY 12) Protect agricultural lands in the Town of Southold As the subject property is not specifically zoned or used for agricultural purposes (and has not been used as such for over 30 years), and the proposed use of the subject property will have no impact on other agricultural lands in the Town, the proposed project will be consistent with this policy. 2993925.1 SCHEDULE I (WORKING COAST POLICY 13) Promote appropriate use and development of energy and mineral resources The proposed Heritage at Cutchogue development will incorporate various energy conservation methods in the design of its residential units, including Energy Star-rated kitchen appliances and bath fixtures. In addition, all insulation, windows, doors, boilers, and HVAC components will meet Energy Star standards. Therefore, the proposed project will conserve energy resources, consistent with this policy. The proposed residential development does not propose any use or development of mineral resources. 2993925.1 MAILING ADDRESS: PLANNING BOARD MEMBERS o Sout.O. Box 1179 1971 DONALD J.WILCENSKI + Chair OFFICE LOCATION: WILLIAM J.CREERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ' CO � Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2015 Mr. Graham L. Trelstad, AICP Senior Vice President, Director of Planning AKRF, Environmental and Planning Consultants 3900 Veterans Memorial Highway, Suite 1.31 Bohemia, NY 11716 ' RE: The Herita e at.Cutcho ue SEQRA Review Dear Mr. Trelstad: Enclosed you will find a signed copy of the agreement for the technical assistance with the Heritage at Cutchogue SEQR review. The enclosed purchase order is for the work described in your proposal for Task 1 (A-C) and Task 2 (A only) for a lump sum fee of $18,500. Please use this agreement and letter as our Authorization to Proceed. Work beyond these tasks, included in the lump sum, may not proceed until after a new estimate is submitted and approved in writing by the Planning Board. Enclosed you will also find a Town of Southold Payment Voucher, as we will need this signed along with an invoice to submit payment for you to our Accounting Department. If you would please sign the voucher in the bottom left corner where marked and return to us with an invoice once the work is completed. The Draft Environmental Impact Statement (DEIS) for The Heritage at Cutchogue, prepared by VHB was received in this Department on March 10, 2015. As required by the Stipulation of Settlement, we have 60 days to complete the SEQRA review. As per our correspondence with Stephen Holley on March 12, 2015 the DEIS is available for your review via www.dropbox.com. The hardcopy of the revised DEIS and the Site Plan, per his instructions, will be sent to the NYC office. As you know, the entire Heritage Site Plan Application file (except the DEIS) can be viewed on our website. Southold Town Plan, ig Board Page 2 March 11, 2015 Should you need any further assistance regarding this matter, please do not hesitate to contact me at 631-765-1938. Sincerely, Flea her Lanza, AICP Town Planning Director Encls: -Signed Copy of AKRF Proposal/Agreement -Town of Southold Payment Voucher -Vendor copy of the purchase order Cc: Stephen James Holley k- AK.RF Environmental and Planning Consultants 3900 Veterans Memorial Highway Suite 331 Bohemia, NY 11716 tel:631 285-6980 fax: 631 285-6919 www.akrf.com January 27,2015 (revised March 2, 2015) Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O. Box 1179 Southold,New York I I911 Re: The Heritage at Cutchogue Dear Ms.Lanza: AKRF, Inc. is pleased to submit this revised proposal to assist (lie Town of Southold with the State Environmental Quality Review Act (SEQRA) review of specific portions of (lie al)plication by The Heritage at Cutchogue, LLC ("the Applicant") for a proposed 1:30-uni°t age-restricted residential project located at the intersection of Schoolhouse Lane and + riffing Street (the "proposed project"), We understand that the Town has agreed to a Stipulation of Settlement (So Ordered Oil September 25, 2014) that outlines specific parameters that must be observed through the SEQRA review of the application, Pursuant to our telephone conversation, AKRF would provide consulting services to review only the following areas: soils,groundwater, and transportation. It is assumed that the Town of Southold staff(or others)would provide input on the sufficiency of other areas covered by the SEQRA documents. AKRF understands that the Town is obligated by the Stipulation of Settlement with respect to certain review time periods and matters of technical design. AKRF would collaborate with the Town to meet the requirements of the Stipulation of Settlement with respect to the portions of the review assigned to AKRF, but AKRF cannot be held responsible for the Town's overall compliance with the terms of the Stipulation of Settlement. AKRF brings excellent resources and credentials to this assignment. AKRF has prepared or reviewed over 3,000 SEQRA related projects of all scopes and sizes. We can provide the Town with planning and environmental expertise that will enable you to be confident that the DEIS,which is being prepared by the project applicant, has adequately analyzed and addressed the potential environmental impacts from the proposed project. We are accustomed to working on projects similar to what is proposed and the need to understand the range of consequences, positive and negative, of those projects. Our value would be to quickly come up to speed on the components of the proposed project, review the data in the DEIS for adequacy and completeness, and provide our findings on the substantive issues to determine if any modifications to the DEIS, including additional analyses, are warranted. We have the necessary expertise for this assignment, and we know how to facilitate a productive and successful SEQRA process. AKRF,Inc. .New York City o Hudson Valley Region•Long Island•Baltimore/Washington Area•New Jersey 9 Connecticut s. Heather Lanza 2 March 2 2015 AKRF's professional staff cornpr iced of planners, cngilleers (traffic, noise, air goaliiy, and sile design), natural resource specialists, cultural resources, esperts, eeo11011arsts„ anel urban desi ncrs-4las paraalicaak;ar expertise in S1'Q A, enviroranaentaal impact analysis, review and IBIS preparaatpon. Our r�aaore than 200 person thin is one of tfre most r°espected planning and environn�aent,,al consulting firms in tlae 1:0-state region. We have a farll corrrplemerat of professional staff in our Long,Island, 'White Plains, aaracl New "fork City offices to assist the.Town. e have extensive experience with, providing SEQRA review services for projects on Fong Island, particularly l trgc-scale residential developments„ including reviewing pr-eliniinzary e�nvil-oaanaental assessments, conducting public scoping procedures, and reviewing individual FIS analyses, Projects for which we provided assistance to paablic agencies on Long Island in connection with SJ QRA, review include the 'Fall Grms Village Centcr EIS in the.Town of Brookhaven, tlae Saa-int Francis Hospital Master Facilities E1S in the Village of Flower dill, the Sebonack Golf Club EIS ill the Town of Southaanapton, and the 7-11 Traffic Study in tire Town of Southold. Furthermore, through our CXtensrve, experience in conducting environmental review analyses and preparing ElSs on behalf"of project applicants, our staff has developed a thorough understanding of the SE 1RA process and regUired analyses, 11is expertise will guide our review of than proposed project. Decent projects fer which we hatve pei•foraaaed environmental asscssralent analysis services include the Stony Brook Toll Drive Residence Hall and Dining Facility and 'stony Brook Hotel, both oil tlae Stony Brook University campus,„ Wyandanch Downtown Revitalization Generic EIS for the Town of Babylon;and the East Quogue Generic EIS for tile"I°own of"Southam,pat:on. Proposed Scope of Services Task 1. DEIS Determination of Completeness A. AKRF would review the soils, groundwater, and transportation sections (and any relevant technical studies contained in the appendices) in the preliminaaty Draft Environmental Impact Statement (pDE1S) dated December 2014 and prepared by V1113. AKRF would'. review these sections to determine if they are complete with re pegto the adopted scope(September 10,2007) and whether the presentation of the material is sufficient for public review, AKRF would prepare a Technical Memorandum containing our comments and provide the,.1."echiaicaal Memorandurn to the Town of Southold for its review such that tlae Town can comply with the 60 day review period required by the-Stipulation of Settlement, AKIU1' will identity issues than, in AKRF's opinion, require resolution prior to the Town determining, the DEIS complete and will also identify other issues that could be considered "substantive,, conunerats that must be addressed ill the Final Environmental Impact Statement(FEIS). B. Should a second round of pDEIS review be required, AKRF would review the re-submitted material and provide a second Technical Memorandum to the Town such that the Town can comply with the second 60 day review period required by the Stipulation of Settlement. C. AKRF would be available for up to two (2) meetings with the Town and/or Applicant to review our technical comments during Task 1. Task2. FEISAssistance A. AKRF would assist the Town in identifying those substantive comments pertaining to soils, groundwater, and transportation received at the public hearing on the DEIS and through written correspondence that require response in the FEIS. B. Should the Applicant opt to prepare the FEIS, AKRF would review the draft FEIS for the sufficiency of responses to comments relating to soils, groundwater, and transportation. AKRF would prepare a Technical Memorandum containing our comments and provide the Technical Memorandum to the Town of Southold for its review such that the Town can comply with the 60 Lanza , 2015 s. Heather... � m_..__.... .......— _... March 2 day review period required by the Stipulation of Settlement. Should a second round of FEIS review be required, AKRF would review the re-submitted material and provide a second Technical Memorandum to the Town such that the Town can comply with the second 60 day review period required by the Stipulation of Settlement. C. AKRF would be available for up to two (2) meetings with the Town and/or Applicant to review our technical comments during Task 2. D. Contingency ask: Should the Applicant opt to have the Town of Southold prepare the FEIS, as allowed by SEQL A and the Stipulation of Settlement, AKRF could provide additional assistance to the'town in the preparation of the FEIS. However, this additional work would be subject to an additional proposal and fee estimate and is not contemplated as part of the currently proposed Scope of Services or Fee Estimate. Task 3. Findings Assistance A. AKRF would assist the Town with the preparation of the SLR IIA Findings pertaining to soils, groundwater, and transportation. It is assurnetl that the Town would take the primary responsibility for drafting the SEQRA Findings and that AKRF would provide language for insertion by the Town. B. AKRF would be available for telephone consultation with the Town during Task 3. It is assumed that no face-to-face meetings with Town staff or the Applicant would be required during Task 3. Fee Estimate AKRF would complete Task I (A-C) and Task 2 (A only) for a Lurnp Sun fee of ill ,600. Since it is unknown at this time the extent and nature of public and agency corninents to be received on the I I IS, it: is not possible to estimate a level of effort required to complete Task 2 (B-C) and Task 3 (A-B). AKRF would propose to conduct Task 2(B-C)and Task 3 (A-B)on a Time& Materiels basis using,its standard. hourly billing rates included in our Terms&Conditions attached to this proposal. Prior to any work being commenced on Task 2 (B-C) and Task 3 (A-B), AKRF will provide a written estimate of the cost to complete those tasks on a Time and Materials basis. Work will not commence until the Town of Southold has authorized it in writing with a Purchase Order. The amount of the purchase order may not be exceeded without prior written approval. Should the work required go beyond the amount of the Purchase Order, a written estimate must be submitted to the Town. The additional work will not commence until the Town of Southold has authorized it in writing with an additional Purchase Order. The employee category for any task to be completed on a Time and Materials basis will be the lowest hourly rate warranted by the complexity of the tasks. Ms. Heather Lanza 4 March 2,2015 If this proposal meets WWI your approval, please sigil ogle copy and*send it to us as our Authorization to Proceed. WC WOUld be Nippy to alismer any qUCS1i011S you might have. Graham can be reached at 914- 922-2355 W"d Stephen c:m be reached at 646-388-9742, Sincerely, Rl';', INC. r, Mtn L.Trelstad,AICP Stephen James I Senior Vice President, Director of Planning Vice President ACKNOWLEDGED.A ACCE 'ED: Signature: Title- For: on Date: ................. APPENDIX A Terms and Conditions Consulting Agreement (this "Agreement"), dated ,is of"Jalluary 27,2015 (revised March 2,2015), between AKRF, lilc, (the "f,*�L)nsil tavflt"), with an address at 390(1 Veterans Memorial Highway, Suite 331, Bohemia, New York 11716,and the Town(it'Southold(tl'w"CLi—Clil with an address at 53095 Route 25,Southold,New York 11971. WHEREAS,the Client wishes,to engage tile Consultant to provide,and the ConsnItant wVishcs to,render,certain professional services in contlectiol,1 with the project(tile"Project")described oil annexed Aftachtpent A,Lis such services are more fully descrit)c(j oil tile WIllexed Scope of Work and/or annexed A-tt�IqLinIgill (col lectively,tile "Services"),relating to certain site or sites identified therein(collectively,the`"Site"'); -A NOW, THEREFORE, in consideration of the foregoing and other mutual promises set forth herein, the parties hereby agree as follows: 1. Services. Subject to the terms and conditions hereof, the Client hereby engages the COnstdtaflt to perform, and Consultant hereby a9rces to provide, certain professional services in connection with tile project (tile 'bMicct") rolaling to certain site or sites(collmlively,the"S Aiq"), all as more,fully described oil tile aill SCopc of Work and/or annexed A Lta III_gbL pZ111 A (collectively,the"Servigq"), The Services shall include Furnishing the agreed-ulion reports,drawings and/or other work s product described on annexed Afjr_ichri)gmt A (Collectively,tile"De) 2. Compensation,,I livoicing and Payment. 'fire Client shall pay tile Consultant(lie initial ll and tile other arnounts,arid trimburse Consultant's expcIlses,at the linles and in tile Ill set tbil or,annexed Atl .MIKKTLA,I'he Client shall pay all taxes, tees,assessments and charges applicable to the Services and any other pass-tilpough efl,l r9cs (01 her than taxes imposed upon the net illcome of the Consultant),including interest and other charges thereon chargeable by tile taxing authoritics� 3. Performance Standards. llic, (.,onsultant shall use reasonable commercial of to render the Services and all other obligations under this Agreement in accordance with (i) tile standard of"care and skill ordinarily used by reputable members of the same, Prufession practicing under similarcircunislances at the sanic tillic and in the sarne 14,,,)cale and (ii)all applicable codes, regulations, ordinances, and laws in effect as of(Ile (late of tile execution of this Agreement. Neither the Consultnit's entering into this Agreement nor any performance hereunder by the Consultant,or any affiliate oil,subcontractor thereof, shall create tiny fiduciary obligation owed to the,Client or any other person orclitity, Client or any other person or entity and any such obligation is hereby rLdly and expressly disclaimed. Exce;,it for the performance standards described above, the Consultant is making no express or-in plied wall including those of merchantability,accuracy or fatalee ss for a particular purpose,regarding the Services or any Deliverables, I'he Consultant shall not be responsible for ti-ic acts or omissions of any subcontractor, Supplier or other personnel,based oil requests madc or directions or instructions provided by the Client to any subcontractor,supplier Or other personnel engage(]by Consultant unless the Client first discusses such requests,directions or instructions with COMl land Consultant agrees(flat the requests, directions or,instructions are part of the Services to be provided hereunder. In the event o('an eniergency affecting tile health or safety of persons or property, the Consultant may act, in its reasonable discretion, to prevent threatened darrl ini ury or loss to person or property notwithstanding that it may be outside the scope of the Services or"),Of approved in advan cc by the Cl lent 4. Indemnification. a. Ille Consultant agrees, to tile fullest extent permitted by law, to indemnify and hold the Client, it subsidiaries and affiliales and their respective, oll-scers, directors, employees, owners, subcontractors and agents (collectively, the "Client Panties') harmless from any darnage, liability, or cost (including reasonable attorneys" fee-, and costs of defense) to the extent caused by the Consultant's negligence I'lie indemnification obligation created by this Paragraph is subject in every respect to the limitation of liability provision in Paragraph 5 of this Agreement. b. Ilie(Iliclu agrees, to die ridicst extent permitted by law, to indesnility,and hold the,Consi,iltant, its subsidiaries and affiliates arid their respective officers, dimetons, employees, owners,, Subcontractors and agents (collectively, the "Consultant Parties")harmless froin any dainage, liability,or cost(including reasonable attorneys' fees and costs of dc6ensc),. (i)to the extent caused by the Client's negligence,or (ii.) relating directly or indirectly to the Presence Or SU31),ect(M presence at any tinic of asbestos, or hazardous or toxic materials on or about the Project Sile,arising out of,or in any way connected with, the performance or nonperformance of tile obligations under this Agreement by the Consultant (unless and until there has been an ad.1 ud i cation by a court or filruni of'cornpetent jurisdiction that the claims at issue are a direct result of tile sole negligence of the Consultant), or A-1 Initialsl ( il) to,� the extent arising fi-orn or attributable to the raijut-0 Of the Client to tifnely and/or properly implement or adhere to recommendations, designs, specifications, work plans or Other items spooilyirlg Or outlining tire, collstructioll arlcl/()r ifnPlernentation of future work, beyond this ScOPC of"Work provided by Consultant in Del c. As a condition precedent to claiming any indemnification hereunder, the illlPlicable indeninified party (i) shall promptly provide the applicable indcrllnit'ying party with written notice Of a1V Ckli'll SUfficieutlY Promptly and in sufficient detail to avt)id prejudi,eing the defc-rise of such clijilil; (ii) shall 1101 'Wltle or Compromise mly such clairn without the indemnifying party's wrinca consent,wllicil,sh,111 not be 11lfl'ca-WVflbJY withheld or delayed;and(iii)sluilt promptly provide rewsonable cOOPeration relating to defending such clairn, me indenuiiFicd pair ty may, at its Own expenw,assist in the defense if*it so chooses, but shall not be perruilted too control such del'blise,or any neg(,giations relating to the settlement of MY such claim,so long as the party r0l)(Insible for indemnification hercurlder is actively defending such claim. Notwithstanding clause (ii) above, it, the Inari), responsible for indelnnificgion hereunder refuses Or Tails to tirnely deibrid tile charm or aband'o' ns such del'ense, the inderrinified parly(partics)may settle such claim, without the prior consent of tile indcrnnif�ing party and tile indemnifying party shall remain fully liable tA) indemnify the indernnified party(Parties) to the extent that the indernnified party(parties) are otherwise entitled to indemnification for such clairn under this Section 4. d. No party shall be liable for any claim or cause of action seeking indemnification under this Section 4, regardless of the type or nature of the action,if such action is brought more than three years after the applicable cause of action has accrued. e. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORT11 WTHIS AGREE MENT IN ANY DOCUMENT SIGNED BETWEEN THE PARTIES REGAitDJNG -aw SMIJEC]" M-ArrER OF I-IIIS AGREEMENT, EITHER PRIOR OR, SUBSEQLJEN`I' TO THIS AGREEMENT' IN NO EVFNT SIJALI, ANY PARTY FIERE-170, OR ANY OFFICER, DIRECTOR, OWNER, EMIi'6YrE, Sl 1ARF,110LJ61'M Oil AGrwr '111FREOF, 13L LIABLE FOR ANY LOSS OF PROFITS OR REVENUE, OR UMS OR INACCURAC"Y 01' DATA OR MATERIAL OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNirriVE O.R. CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT OR 01-FIERWISE, EVEN IF THE SAME HAS BEEN SPECIFICALLY ADVISED OF TIMPOSSIBILITIES OF StJCJJ DA.MAGNS, EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES ARE PAYABLE 13Y ONE OFT11E, PARTIES HERETO TO A THIRD PART)' AND THE CLAIM IS ONE FOR WHICH THE PARTY REQUIRED (WHETHER 13Y itiDGMI�NT, Sf?!17FLEMENT OR O11iERWISE) TO PAY SUCH DAMAGES IS ENTITLED TO INDEMNIFY ATION UNDER 7711S SECTION 4. 5. Litnitatioil of Liability. The Client agrees, to the tallest extent permitted by law, to limit the liability or the Consultant Parties hereunder to the Client and to all construction contractors, subcontractors oil the Project and others under the Client's control for any and all claims,IOSR-s,costs,damages of any nature whatsoever,or expenses from any cause or causes,regardless of the nature or type of action, so that file total aggregate liability of tile Consultant Parties shall not exceed the compensation actually paid to Consultant for services rendered oil this Project under this Agreement, 6. Terin. This Agreement shall have a,term commencing on the date of this Agreement and ending, unless terminated earlier as provided herein, when, tile Services are, completed or as otherwise set forth on annexed Attachment A. A party may terminate this Agreement by delivery of written notice to the other if(i)the other party commits a material breach of this Agreement and fails to remedy such breach within 30 days after receipt of we notice specifying the alleged breach in reasonable detail,or(ii)any party makes ail assigninent for the benefit of its creditors,a voluntary or involuntary petition is.filed by or against it party under any bankruptcy or insolvency law,m under tile provisions of any law of I ike import,Or a trustee or receiver is appointed for any party or its property. If frill payment is not received by the Consultant by the applicable due date, then the Consultant may, at its sole discretion and without liability to any Consultant parties, terminate this Agreement or suspend MY Services to be performed hereunder- upon 10 days prior written noljcc. if the Project is suspended for any reason for more than O calendar days ill the aggregate (whether or not consecutive:), the Consultant may,at its discretion and without liability,terminate this Agfeernent. Utmn any termination of this Agreement, the Consultant shall be paid in full in accordance with the tenns of' this Agreement for all Services rendered and reimbursable expenses incurred through the date of termination,including reasonable termination costs. 7. Miscellaneous. This Agreement supersedes any written or oral proposal or other communication between the parties relating to the subject matter hercof. The rights and obligations of the pittlics hereunder shall be governed by the laws of the State of New York', Without regard to principles of conflicts of laws and cach party consents � to the excluSiveJurisdiction and 'ventic of any state or federal court in New York County,New York,for the resolution of any disputes, 7he Provisions of Sections 4,5 and this Section 7 shall survive completion of perrorinance in accordance with the provisions of this Agrocnient and final payment hereunder or any termination of this Agreement, This Agreement may be executed arid delivered by flicsin-lile and in one or more counterparts,each of which shall be deeined an original. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives and made effective as of the date first set forth above. A-2 Initials ATTACHMENT A Services/Scone of Work The Project and Site(s): The Heritage at Cutchogue SEQRA Review Assistance Ilartarvrot State Environmental Quality Review Act.(SEQRA) review assistance relating to soils, groundwater, and transportation impacts of a proposed 130-unit age- restricted development. 'File,[)t live raabless: Technical Memoranda and language for insertion in a SEQRA Findings Statement. Retainer: $0. Payable upon contract execution. The retainer shall be applied against the final invoice rendered by the Consultant hereunder. a�ai�gnt t iruJng ram, Task 1 (A-C)and Task 2(A only)for a Lump Sum of$18,500.Task 2(B-C)and Task 3 M smiler Oaf I'ar11erat of (A-B)on a Time&Materials basis using rates attached as Appendix B. aw—11MICIr� Except as otherwise provided in this Attach raac.at t'wz invoices will be sirlanrittecl is the. �r Consultant monthly, are due upon presentation and shall be paid in (till within 30 calendar days after the applicable invoice dine. If payment is not received in [fill ors or before the applicable dire darts: theta the Consultant may charge interest on affray unpaid amount trona the due date in an amountequal to tile lesser o�f"1-1/2% per month or°the maximurn amount permitted by applicable haw„ calculated on a daily basis, Payments will be credited first to interest and then to principal, Lx�e�rasq At cost. Rg itabur s,:taier t,: Additional Rules Tile Services tire Ihaaited to those tasks specified herein. If tine Client requests (lie Relatinie to Services Consultant to perform work or provide Deliverables that are beyond tine scope of this end Pa moments: Agreement("A itioJaraWiark'")„the Constdia nt may undertake to perform the same ill. its discretion for additional compensation. In tiae absence of written agreement to the contrary, all Additional Weak provided by the Consultant from time to tiale shall be proavided,orrr a time and material basis at the Consultant's then current standard hourly rates in effect fi°oin time to time. If the Project is suspended for more than 30 days in (lie aggregate (whether or not consecutive), the Consultant shall be paid for all Services performed and charges incurred prior to receipt of notice to suspend, A mutually agreed upon equitable adjustment in Consultant's fees and in the Project's performance schedule shall be inade to accommodate the delay, dernobilixation and remobilization costs caused by the suspension'l fore the Consultant,resumes the Services. This Agreement is subject to modification in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant. If the Consultant calls ;I:or contract renegotiation, the Consultant will identify the changed conditions necessitating renegotiation,kind the Consultant and the Client shall promptly and in good fait,ia enter into renegotiation ofthis Agreement. If terms cannot be agreed to, then either party has the absolute right to terminate this Agreement by delivery of ten ('tt)) days prior written notice. Except as provided herein, neither party shall be liable for damages for any delay or failure to perform its obligations hereunder, it' such delay or failure is due to circumstances or events beyond the paarty's control or without its fault or negligence, including without limitation,strikes,riots,wars, fires,epidemics,quarantine restrictions, unusually severe weather, earthquakes, explosions, acts of God or state or any public enemy or acts mandated by applicable laws,regulation or order,whether valid or invalid, of any governmental body. Term: 90 days. A-3 ij4 ..............................w._Initials APPENDIX B AKRF Hourly R.. �._.�.._..—�...w�.— ate Schedule Employee Category y Cate o Hourly Rate � _f.�, . Of icer $220 �._.. ....�_. Senior Technical Di .��_�...��.._.. ... rector $195 _ Technical Director $185 Senior Professional $165 �.m.. _._ ........... _._ Professional II $135 Professional 1 $125 Technical 1I $115 Technical 1 $90 Notes: _... Out of pocket expenses will be billed at actual cost. These rates are effective through December 31,2015 B-1 Initials < < <I a CD :3 CL 0 CL 0 CD olo� co C9 CD CD st cr Q "I ro CD (IQ Op- a ............ ...... .. ....... .. .......................... ...... .... ....... ........................... 0 0 CD CD C) C-1 CD z CD 01 m CD CD CD CD tj qQ a o a. ca o r- o g 0 �l 2. CD F-r :� Gn E 0 ' CD a-, rw- 0 CD --- --2 --------- co CD CD XXXX :X: 1� Ca. 0 CD �xx 4, CD CD FL CD CD CD co o co Ik TOWN OF SOUTH(. .-D Purchase Order # _... _..__., Tax Exempt # A163554 Date ._. m. ... Account .1 _b-al a, °4-1, � E ver and send Filling to: Vendo P Env I r , Department Address009564H .VENDO,k, *Return this copy and Town of Southold voucher itemized and signed for payment",, IT QUANTITY D ESd, _=I PTi N: UNIT COST, � TO"I"'AL r „ b 0111111 rlWaft� "JA •ait COD 0 h THIS PLI RCHASE ORDER IS NOT VALID WITHOUT THE SIGNA" "W. RES , lHE DE111, HEAD AND rHE SUMMS011 +Y TN T THERE ARE °,(J i GCIENT FUNDS AVAILABLE IN THE PROPRI+ TION, a--IA �OIF;D . Dept. I yen I CERTIFY THIS TO BE A JUST AND TRU- RCHASE ORDER Sup visor VFNDOR