HomeMy WebLinkAbout1000-51.-2-7 SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES
DATEAUPPAUGE,AW..08 2005
Q
A
THIS IS TO CERTIFY THAT HE PROPOSED REALTY SUBDIVISION OR O
D VELOP ENT F R IN THE r
i.4 e 1 WITH A TOTAL OFF LOTS WAS APPROVED RL
ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL sa1°�uar
FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT
AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE
PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE °
VALID ONLY IF THE REALTY SUBDIVISION /DEVELOPMENT MAP IS
DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF LWS 9 ATE riCi �� Y
CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICHi w• ----___ c
cessPoa rKw l
THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN O
ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE VAGN
SUFFOLK COUNTY SANITARY CODE. WALTPAj �W pa 50
a7 I \/ RIGHT OF WAY
1788 81 YDEED)
A VENUE PROPOSED DRIVEWAY LOCATIOM4 1787.84 L
DIR , DIVISION-OF�NVIRO MENTA �Y�
L DUALITY / 11 /T / BEULAH I
908.72' -_-
S. I'56'40" E. i ,
D7an \\ o q W r.H I
SUBJECT 70 COVENANTS & RESTRICTIONS LIBERIP o `� ai \ O
�L 4a cM yo _ol.. _ Sz.— y--
PAGE U— - R O N\ �. I
_ 0/ I F-• O \ \ 1 N v VOeG,IP Q I Olv � ti r,/ .g,
I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM Ne. 18 Il `�� l dF..� ; \ W \ O 'er" I ,� O 1 '' \ KEY MAP '
ACTUAL SURVEYS COMPLETED W°%/°3, THAT ALL MONUMENTS 21 / - _ \ _ --� 6p 3C8/Br = 6OO
SHOWN THUS I CTUALLY EXIST AND, THEIR POSITIONS ARE CORRECTLY `� - 1 �� - dW= - \ k°v T 1 P""'I \�\�� k\ \ - \\
o
SHOWN ANp AL IMENSIONAL AND GEODETIC DETAILS ARE CORRECT. \` A�y
\\ O _AO JO
T. M T , .Y.S. L.S. LIC. NO. 49618 \ I '0
WW 0 / I \ 406.62'
l N. 1'56'40' W.
n W Q�OWG / , I 11 3 OBOpO-� %� Z• �C
THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED ON O m�
BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION \ / °°^ �� C W WO ` _� / ^� NVO/
OF APPROVAL DATED N I 1 C�2 �V I IO ep H
00
By
OD
CHAIRMAN PLANNING BOARD O - -
N , �
I �
O
WELL CAP BO sal.
PRaPc*Tr uc IC STORAGE I \`� \�i
qHOUSE
f1111iD �aN� iAAMc / �\ / i I \ O, '1B
Aj
O
10040 TEST
vi I Ir IMIB Nn.FJI A°APTg1rq?OLM I
WATER Y I.Oe [eT egfalA •A• 5 DD \ FINAL PLAT -
t ' 3-n "" � � —,4 O 1 � I � \ 0- ti CLUSTERCONSERVATIONSUBDIVISION
I xP. arms PlY ae I Pw'?I r erAM.fe,eTm. aoeni �? 1 I/. • W.
FOR
4•30 BOOTH & PA TRICIA S BOOTH
N. 1g2 y
ED WARD C. B
WELL DETAILS AT SOUTHOLD�1 i �`I ' w
R0An I /� / �1
TOWN OF-SOUTHOLD
TYPICAL PLOT PLAN , p6G' , ' 3 , SUFFOLK COUNTY, N. Y.
1, 2 or 3 Pool Septic System Depending w /� 0 4 r I �'' / __-Y_�'�126-r,p7• (DEED 1000 - 51 - 02 - 07 & 08
on the depth to ground water \ , w O yr76a-` _ 11 WA
OF SCALE. 7"= 100'
l H BY Cf TIFY T THE WATER SUPPL Y(S) AND/OR SEWAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT a , _-_ •o m w mo I 20' RIG T \ 4 o es w Ioo zoo
WE SIGN D BY ME DER MY DIRECTION. BASED UPON A CAREFUL AND CONFORM STUDY OF �„ A/ �° 50p.0
THE OIL, l AND GRO OWA TER CONDITIONS ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY
DEPA ME HEALTH VICES CON TRUC�TION STAND S IN FFECT AS OF THIS DATE. i ,/ � JUNE 20, 2003
�7 D �1 I I N / / SEPT. , 2, 2003 ! revision 1
_- Il \`` ` ,, / OCT. 7, , 200 ( revision 1
doSEPH 052510 a" Z of Way ! VACANT Oct. 2, 2003 !(revisions)T.s hole 1
l y 919h, _-1p0.00' W. O A DEC. 20,22004 (additional l
a O _ \ N, j4.24 3O O� R,� TEST HOLE EL. z5 FEB. 9, 2005 (REVISIONS)
_ _ MARCH 30, 2005 (Revisions)
,p \ $ w Dark brown May 27, 2005 (revisions)
°• 4S�° aP� N O/F.,p i.j• loam OL
CONTOUR LINES ARE REFERENCED TO �pp►Y4' V I :QFr
FIVE EASTERN TOWNS TOPOGRAPHIC MAP 1 LDS \
a atg �E� BY
' µG. EL Brawn slily
CE1,L 001- clay ro . GSOARO
15D' a /DA ✓ OI/n��_
Wa/er In brown `/ 1 0 20QC
Silty clay
NUMBER OF LOTS = 3 15'
ZONING DISTRICT AC
SCHOOL DISTRICT SOUTHOLD Water in
FIRE DISTRICT SOUTHOLD brawn fin.
to coarse
CERTIFIED TO, sand
SW
AOUEBOGUE ABSTRACT CO. 21
TOTAL AREA = 28.3647 BCTBS NORTH FORK BANK Test Hole by McDonald
TOWN OF SOUTHOLD Geosclence
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION LAND AMERICA COMMONWEALTH
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS _
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE PIPRESSED SEAL OF 'HT SURVEYOR OWNER' PECONIC SURVEYORS, P.C.
WHOSE SIGNATURE APPEARS HEREON EDWARD C. BOOTH 8 PATRICIA S. BOOTH 765 - 5020 FAX l6311 765 - 1797
P. 0
17235 SOUNOVIEW AVENUE P. O. BOX 909
ADDITIONALLY TO COMPLY WITH SAID LAW TERM ' ALTERED f'.' ' SOUTHOLD, N.Y. 11971
MUST BE USED BY ANY AND ALL SURVEYORS UTLLIZWG A COPY SOU TRAVELER
OF ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED ' AND
' BROUGHT - TO - DATE ' ARE NOT IN COMPLIANCE WITH THE LAW. SOUTHOLD, N.Y. 119
�Q�Z I _
ss 03 - 172
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TOWN OF SOU7`HOLD
TY�°1C.AL R�t7'1'PLAN �
A f' a p SLtFFCKK CC7UNTY N Y
AA r^, rm THAT aA wrAr r aaa .rev .� ..„, .�, ,r '" NDtAp - !fit- 0 _. '7&ft,
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TOTAL AREA ».'7 $84T act" A Cl roll aw
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' NIMLING ADDRESS:
PLANNING BOARD MEMBER t1't} z�OF-"$OUjy`- • P.O. Box 1179
0 Southold, NY I L971
.JERILl"N B. 1V1�I IDHOLS�E �ti� lam.��,
Chair y
7 It #I 4 OFFICE LOCATION:
SVILLIAN1 J. CRENIERS I'nwn Hall Annex
KKNNE'L'H L. EDWARDS ,�1 5d37.5 State Route 25
MARTIN H. SIDOR % e1 �, icor. Main Rd. S Youngs A%re.i
GEORGE 1) SOLONION F.•2` COU �C•vrin4 Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 14, 2005
Ms. Marian Sumner
c/o Peconic Land Trust
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Lot Line Change & Cluster Conservation Subdivision of Edward Booth
Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 Zoning District: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, June 13. 2005,
adopted the following resolution:
WHEREAS, this proposal, which includes the merger of SCTM#1000-51-2-7 with
SCTM#1000-51-2-8, is for a cluster conservation subdivision to subdivide a 28.36-acre
parcel into three lots where Lot 2 equals 1.5 acres; Lot 3 equals 2 acres; and Lot 1
equals 24.8647 acres upon which the Development Rights on 21.8647 acres are
proposed to be sold to the Town of Southold; and
WHEREAS, the Southold Town Planning Board granted conditional sketch plan
approval on October 14, 2003 on the plat dated June 20, 2003; and
WHEREAS, on May 9, 2005, the Southold Town Planning Board granted conditional
final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003
and last revised on March 30, 2005; and
WHEREAS, the applicant has filed a Declaration of Covenants and Restrictions with the
Suffolk County Clerk's Office; and
WHEREAS, the applicant has paid the Park and Playground Fee of$3,500; and
WHEREAS, the applicant has submitted 5 mylars and 8 paper prints of the final plat
with the Health Department stamp of approval; and
Booth Conservation Subdivision — Page Two — 6/14/05
WHEREAS, the Southold Town Planning Board finds that all of the conditions of
conditional final approval have been met; be it therefore
RESOLVED, that the Planning Board grants final approval upon the plat prepared by
Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005, and
authorizes the Chairperson to endorse the maps.
Enclosed please find a copy of the map that was endorsed by the Chairperson. The
mylar maps, which were also endorsed by the Chairperson, must be picked up at this
office and filed in the Office of the County Clerk. Any plat not so filed or recorded within
sixty-two (62) days of the date of final approval shall become null and void.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Jerilyn'B. Woodhouse
Chairperson
encl.
cc: Melissa Spiro, Land Preservation Coordinator
Tax Assessors
Building Department
I Illilll IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
I{IIIII IIIII IIIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP Recorded: 06/13/2005
Number of Pages : 4 At: 10 :25 : 50 AM
Receipt Number : 05-0062521
LIBER: D00012391
PAGE : 939
District: Section: Block: Lot:
1000 051. 00 02 . 00 007. 000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $12 . 00 NO Handling $5 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $0 . 00 NO Notation $0 . 00 NO
Cert.Copies $5 . 00 NO RPT $50 . 00 NO
SCTM $0 . 00 NO
Fees Paid $92 . 00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
0 •
Number of pages
TORRENS = t
Serial #
Certificate #
Prior Ctf. #
Deed / Mortgage Instrument Deed/ Mortgage Tax Stamp Recording/ Filing Stamps
3 FEES
��� Mortgage Amt.
Page/ Filing Fez
1. Basic Tax
Handling 5. 00 =. Additional Tax
Tp-584 Sub Total
Notation Spec./Assit.
or
EA-52 17 (County) Sub Total Spec. /Add.
EA-5217 (State)
TOT. MTG. TAX
J Dual Town _ Dual County
R.P.T.S.A.
Held for Appointment _
/
Comm. of Ed. _ 5. 00 Transfer Tax
Mansion Tax
Affidavit -- SfYn[ �e`�ts
The property covered by this mortgage is
zrtified Co V _— or will be improved by a one or two
family dwelling y.
NYS Surcharge _ 15. OU '�S f dweb onl
-- Sub Total YES or NO
Other A-
Grand Total / If NO, see appropriate tax clause on
CC page # of this instrument.,- /
4 Disl!U 1000 05100 0200 007000 k 5 Community Preservation Fund f
—� 1000 05100 0200 008000
Real Proper P T S \ Consideration Amount $
Tax Service R POL A
Agency 13JUN-05 CPF Tax Due $
Verification
Improved
Vacant Land _
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD
� && RETURN TO: TD
1nLrr Vll( La V - 04 TD
�77� TD
S(;LAWO) �W) 7 Title Company Information
Co. Name W 1 Al
Title #
8 Suffolk County Recording & Endorsement Page
This page fornis part of the attached �11\ipi'q 0 made by:
l (SPECIFY TYPE OF INSTRUMENT)
v The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
p fI�
TO to the Township of �is
In the VILLAGE
or HAMLET of L
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
I o\'er)
DECLARATION OF COVENANTS & RESTRICTIONS
THIS DECLARATION is made this a-- day of�, 2005 by Edward C. Booth and Patricia S.
Booth residing at 175235 Soundview Avenue, Sou old, NY 11971, hereinafter referred to as
the DECLARANTS;
WITNESSETH:
WHEREAS, the DECLARANTS are the owners of certain real property situate on the South side
of Soundview Avenue, the West side of Mt. Beulah Avenue and the North side of Old North
Road, Town of Southold, Suffolk County,New York, more particularly bounded and described
in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the
DECLARANTS have made an application for and have received conditional approval from the
Planning Board of the Town of Southold to implement a conservation subdivision, as shown on
the Final Plat—Cluster Conservation Subdivision for Booth prepared by Peconic Surveyors, P.C.
last dated May 27, 2005 which will simultaneously be filed in the Office of the Suffolk County
Clerk: and
WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the
Town of Southold has deemed it to be in the best interests of the Town of Southold and the
owners and prospective owners of said lots that the within Covenants and Restrictions be
imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has
required that the within Declaration be recorded in the Suffolk County Clerk's Office; and
WHEREAS, the DECLARANTS have considered the foregoing and have determined that the
same will be for the best interests of the DECLARANTS and subsequent owners of said parcels;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the DECLARANTS, for the purpose of carrying out the intentions above expressed, do
hereby make known, admit, publish, covenant and agree that the said lots within said subdivision
map shall hereafter be subject to the following covenants and restrictions as herein cited, which
shall tun with the land and shall be binding upon all purchasers, lot owners and holders of said
Property, their heirs, executors, administrators, legal representatives, distributees, successors and
assigns, to wit:
1) Access to the 3-acre building area on Lot 1 shall be from the existing
20'-wide right-of-way from North Road and a 25'-wide right-of-way from
Sound View Avenue.
2) Access to Lots 2 and 3 shall be from Mt. Beulah Avenue.
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, invalid or
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 within Declaration is made subject to the provisions of all laws required by law or by their
provisions to be incorporated herein and made a part hereof, as though fully set forth.
That the within Declaration shall run with the land and shall be binding upon the
DECLARANTS and their successors and assigns, and upon all persons or entities claiming under
them, and may not be annulled, waived, chan.ged, modified, tenninatcd, revoked, annulled, or
amended by subsequent o*s of the Property unless and until appal by a majority plus one
v vote of the Planning Board of the Town of Southold or its successors, after a public hearing.
fN WITNESS WHEREOF, the DECLARANTS above named have executed the
foregoing instrument the day and year first written above.
Slim J
(:L 2;�bA
By: Edward C. Booth
By: Patricia S. Booth
STATE OF NEW YORK)
ss.:
COUNTY OF SUFFOLK)
On the Id_day of�the year 2005 before me, the undersigned, personally
appeared Edward C. Booth, perso y known to me or proved to me on the basis of
satisfactory evidence to 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.
7 Ce —
MLL.ASSErrO
r:e:A,ry Pub5c,State of New York Notary Public: State of New York
�:,;A rJai NMk Oounty�W
STATE OF NEW YORK)
ss.:
STATE OF NEW YORK SS:
COUNTY OF SUFFOLK
I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT O RECORD)
DO HEREBY CERTIFY TH��T I HAVE COMPARED HE NEXED COPY OF
bEED LIE _ /�3AT PAGE RECORDED 13 C> >
AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATI N A D OF THE WHOLE
7JliEREOF.
IN
COUNTY TESTIMONY
AND COURT WHER
URTR IS ,
I HAVE� Ty EDAY OF AN HE SEAL OF SAID
T° �
CLERK
Title No: RH04301955
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Sound View Avenue and the
westerly side of Mt. Beulah Avenue;
RUNNING THENCE South 01 degree 56 minutes 40 seconds East along said westerly side of Mt. Beulah Avenue,
1787.84 feet to the northerly side of North (C.R. 27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27)
Road, 310.22 feet to a concrete monument and land now or formerly of Booth;
RUNNING THENCE along said land now or formerly of Booth the following three (3) courses and distances:
1. North 19 degrees 08 minutes 00 seconds East, 210.00 feet to a concrete monument;
2. North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and
3. South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the
northerly side of North (C. R.27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27)
Road, 300.82 feet to land now or formerly of R. 1. & H. Donopria;
RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later
along land now or formerly of H. V. Miepus & M. G. Ellis,1266.03 feet to the southerly side of Sound View
Avenue;
RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View
Avenue, 88S.26 feet;
RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View
Avenue, 134.52 feet to the corner at the point or place of BEGINNING.
Certficate of Title
THIS PROPOSAL 15 TO SET OFF A ACRE PARCEL FROM AN EXISTING
1CRE AP,AXEL LOCATED ON _
SCTM# 1000- St
SET OFF
Complete application received Nk,Z
N G
Application reviewed at wort: session "
r' OK
C�3
M �
Applicant advised of necessary revisions
u
c
O u
w c
uai
Revised submission received OK
� Y If.O"l
a i"ro. OK
i C
M s b
r Sketch plan approval
D -with conditions Tl N 1 e3
G .❑
v Lead Agency Coordination S
v SEQRA determination 1�3
Sent to Fire Commissioner
vv Receipt of firewell location
o ° Notification to applicant to include on final trap
G � C
o
1001 OK
S Sent to County Planning Commission tip e r") NIA M1fO
ti (/P
Receipt of County Report NA, 10 oK
Review of SCPC report U/\-
Draft Covenants and Restrictions received "ro. OK
J' Draft Covenants and Restrictions reviewed ero. OK
L < Filed Covenants and Restrictions received
Receipt of mylars and paper prints with
Health approval
o Final Public Hearing
Approval of set off
-with conditions lo
4 --� =
F- i
PLANNING BOARD MEMBA �SpFFO(k
BENNETT ORLOWSKI,JR. �� CQ Town Hall, 53095 State Route 25
Chairman P.O. Box 1179
WILLIAM J. CREMERS y Southold, New York 11971-0959
KENNETH L. EDWARDS Telephone (631) 765-1938
GEORGE RITCHIE LATHAM,JR. O Fax Telephone
(6 765765-1
RICHARD CAGGIANO 'yf�ol 0�
-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Subdivision Application Form
Name of Subdivision: Booth
Suffolk County Tax Map # 1000- 5 1-2-' $
Type of Subdivision: Major Minor Set-Off Lot-Line
Cluster Subdivision: Yes No
Hamlet: Southold
Street Location: Soundview Avenue , Beulah Avenue and North Road
Acreage:z 2 8
Number of Lots: 2
Zoning District: R-80
Date: 6/30/03 t�2�1 ?r�dl 7�tO vim
Please list name, mailing address, and phone number for the people below:
(Edward C . Booth, Jr . et al )
Applicant: Edward (` _ Ronth , rdwarrl 0 Rnpf-h , jr - Pa}rjria Booth
Michael S . Booth Marcrot W. Booth and Katherine B.
Booth 17215 Rnunrl mj pw avepaia Coilthnld_ MY 1 1 Q71
631-765-3556
Agent handling the application: Peconir rand Trust rnr. /Marian P. Sumner
(Contact Person) PO Box 1776
Southampton, NY 11969
631-283-3195 ext . 26
PropertyOwner(s): sPP Aj:�:l icant
Surveyor: Naha_ Motzgar
Peconic Surveyors
PO Box 909
Southold , NY 11971
631-765-2954
Engineer: u,gpphh P• isrhAEri
PO Box 616
Southold , NY 11971
631-765-2954
Attorney: Rudolph H. Bruer , Esa.
PO Box 1466
Southold , NY 11971
631-765-1222
Other Agent(s):
Has this property had a previous application to the Planning Board? Yes (No)
Has this property previously received a SEQRA review? Yes (No)
Have you had any pre-submission conferences with the Planning Board? ( Yes ) No
Does this application have variances from the Zoning Board of Appeals? Yes (No)
Appl. No. Date
Is this property adjacent to any bodies of water? Yes (No )
Are there any wetlands on the property? Yes ( No )
Are there public water mains in an adjacent street? Yes ( No )
Is public water proposed for the subdivision? Yes ( No )
Are there any existing easements on the property? Yes (No )
Is there a proposed sale of development rights on part of the property? (Yes ) No
Is there a mortgage on the property? Yes ( No )
Does the owner own any adjacent properties? ( Yes ) No
Are there any building permits currently pending on this property? Yes ( No )
Signature of Preparer ;`/ Date LP a7
• PART 1—PROJECT INFORMOON
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider
-as part of the application for approval and may be subject to turther verification and pubkc review Provide any addition
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not invoh
new studies, research or investigation. If information requiring; such additional work is unavailable, so indicate and spent
each instance
NAME OF ACTION
Booth . _e-i—UFjr� -
LOCATION OF ACTION (Include Street Address, Mumapabiy and County)
Soundview Avenue Beulah Avenue & North Road; Southold ; Suffolk
NAME OF APPLICANT/SPONSOR 6USINESS TELEPHONE
Peconic Land Trust, Inc. ( 631( 283-3195
ADDRESS
296 Hampton Road, PO Box 1776
CITY/PO i STATE I ZIP CODE
Southampton NY 11969
NAME OF O.vNER(If ddferenp 6USINESS TELEPHONE
Edward C Booth Jr . et al 769-3596
ADDRESS
17235 Soundview Avenue
CITYIPO i STATE ZIP CODE
Southold NY , 11971
DESCRIPTION OF ACTION
Sale of development riahts on 24 . 8 acres
and set-off of 2-acre lot on Beulah Avenue-
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: ❑Urban ❑Industrial OCommercial L',Residential (suburban) ORural (non-farm
OForest OAgriculture XTOther .Q
2. Total acreage of project area: CC28 acres. v-tA-S
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) acres acres
Forested acres
acres
Agricultural (Includes orchards, cropland, p.isture, etc.) _ acres acres
Wetland (Freshwater or tidal as per Articles 24. 25 of ECI.) acres
acres
Water Surface Area acres acre;
Unvegetated (Rock, earth or fill) acres acres
Roads, buildings and other paved surfaces acres _ acres
Other (Indicate type) acres acres
3. What is pr,dornmant soil type(s) on project Shill
a. Soil drainage. CxWell drained 1 On % of ate OMnderately well drained °o of site
OPoorb, drained ,,, ,f sit,
b. If any agricultural land is uivolved. how ni.iny ae.rn•s of soil are classified withm :oil group I through -I or the NYE
Land Classification System/ i16e acres (See 1 NY( RR 3'0)
4. Are there bedrock outcroppings on project site! ❑Yes MNo
tea. What is depth to bedrock? (in feet)
2
S. Approximate percenta.L�e of pried project vte with slopes Xo 10y* G if) 1596 9,
❑ 15% or greater
6. Is project substantially contiguous to, or contain a building, site, or district. listed on the State or the Nationa
Registers of Historic Places? ❑Yes X2No
7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ®Nr
8. What is the depth of the water table? (in feet)
9. Is site located over a primary, principal, or sole source aquifer? ®Yes ONO
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes (RNo
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
Dyes nNo According to
Identify each species
- 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
❑Yes ZINO Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
Oyes $)N0 If yes, explain
14. Does the present site include scenic views known to be important to the community?
®Yes ONO
15. Streams within or contiguous to project area.
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name b. Size tin acres)
17. Is the site served by existing public utilities? Dyes ($N0
a) If Yes, does sufficient capacity exist to allow connection? Oyes ONO
b) If Yes, will improvements be necessary to allow connection? CYes ONO
18. Is the site located in an agricultural district certified pursuant to Agriculture and N1arkets Law, Article 25-AA.
Section 303 and 3047 jE3cYes ONO
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 Oyes ❑No
20. Has the site ever been used for the disposal of solid or hazardous wasms? Oyes (RNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 1 acres
b. Project acreage to be developed: 4-- — acres initially; 4 acre. ultimately.
C. Project acreage to remain undeveloped 22 . 8 acres. ( � to+ ',1�V1e O-f p)ieaNN
d. Length of project, in miles: (If appropriate) Su- a VVAJ14 Si Vrsst(�yjd't�s
e. If the project is an expansion, indicate pen en[ of expansum proposed
I. Number of off-street parking spaces existmr; propn.od
g. Maximum veh,rular trips generated per hoar _ (upon ( omplruon of project)?
h If residential Number and type of housing muss.
Ono Family Tian I-amity ,"I.dilple 1-a11111e Condoutimurn
Initially -2
Ultimately Z
i. Dimensions (in feet) of largest propnv•d structure height. wiJrir Icngth
j. Linear feet of frontage along a public thoroughfare project will occupy is? It
\ 3
2. How much naturai materi,il rack, earth, etc ) •.vill h, remrn•ed fro*e sne? __ tons/cub... yards
}. Will disturbed areas be recla,med� ❑Yes 0N0 ON/n
a. if yes, for what intend._ purpose is the site being reclaimed? _—
b. Will topsoil be stockpiled for reclamation+ OYes ON
c. Will upper subsoil be stockpiled for reclamaaonr Dyes ONO
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed tram srte2 — acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetauon be removed by this project?
❑Yes ZNO
6. If single phase project: Anticipated period of construction months. (including demolition).
7. If multi-phased:
a. Total number of phases anticipated (number)
b. Anticipated date of commencement phase 1 month _ year, (including demolition).
c. Approximate completion date of final phase month year
d. Is phase 1 functionally dependent on subsequent phases? Oyes ONO
8. Will blasting occur during construction? Dyes ®No
9. Number of jobs generated: during construction ; after project is comolete
10. Number of jobs eliminated by this project 11/a
11. Will project require relocation of any projects or facilities? CiYes - [�Na If yes, explain
12. Is surface liquid waste disposal involved? Dyes LkN0
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? ❑Yes (SINO Type
14. Will surface area of an existing water body mcrease or decrease by proposal? OYes R)NO
Explain —
15. Is project or any portion of project located in a 100 year flood plain? Oyes LINO
16 Will the project generate solid waste? Dyes ONO
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? Oyes ONO
c. If yes, give name location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Oyes ONO
e. if Yes, explain
17. Will the project involve the disposal of solid waste? Dyes ONO
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? ❑Yes ❑No
19. Will project routinely produce odors (more thin one hour per day)? Dyes ®No
20 Will project produce Operating noise exceeding; the local ambient noise Ic.clsr Oyes *—INo
21. Will project result in an mcreaxr in crwrgy u„•? Dyes ONo
If yes , indicate type(s) _.—.
22. If water supply is from w, It,, in,Lc-lir pum(rrni; capm itY ___ ':.d I011Sim1'LLite.
23. Total anhap,itcd water us.ij,r- per day gallon,/day C
24 Does project involve Local. Slsire or I ederal lundmg/ [-)Yes (RNn
If Yes, explain Town of Southold purchase of Development Rights
4
25. Approvals Poquired: • Submittal
•Type Date
City, Town, VJlage Board 0Ye5 ❑No Purrhage nf n IRJ ht-r
City, Town, Village Planning Board E�]Yes ONO lr --Il [ iTlcu�'tn.bJ�r)�7/
City, Town Zoning Board Oyes ONO
City, County Health Department Kl Yes ONO —�-��--
Other Local Agencies Oyes $]No
Other Regional Agencies Dyes LNo
State Agencies Dyes J)NO
Federal Agencies ❑Yes $JNo
C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision? ]Yes ONO
If Yes, indicate decision required:
❑zoning amendment Ozoning variance ❑special use permit ($subdivision ❑site plan
❑new/revision or master plan ❑resource management plan ❑other
2. What is the zoning classification(s)of the site? R-80
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
13
4. What is the proposed zoning of the site? RAMP - - - - —
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
n/a Gelling, development iq]yts
C 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Eyes ONO
7 What are the predominant land use(s) and zoning classifications within a Y. mile radius of proposed action?
R-80
8 Is the proposed action compatible with adjoining/surrounding land uses within a Y. mile? ®Yes ONo
9. If the proposed action is the subdivision of land, how many lots are proposed? 1 new
a. What is the minimum lot size proposed? 2 acres
10. Will proposed action require any authorizations) for the formation of'setver or water districts? ❑Yes C$,No
11 - Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? Oyes LINO
_ a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No
12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes K)N'o
a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ONO
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your propodl, please discuss such impm.ts and the rnoaiures which you propose to mitigate or
avoid them.
E. Verification
I certify that the information provided .shove n true to tho hest of my knowledge.Apph n canCSposor N.ime Tnh rc Tnr - Da (�,
te `�" 7k3i
Signature Tide n' rQrtor OE n at jeR pr-gy
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding
wilh this assessment. _ �//1����
5
rn
Town Of Southold d'J
4 • P.O Box 1179 •
Southold, NY 11971
* * * RECEIPT * * *
Date: 05/12/05 Receipt#: 6912
Transaction(s): Reference Subtotal
1 1 Park & Playground 51-2-7 & $3,500.00
_--- ---------
Check#: 6912 Total Paid $3,500.00
MAY 1 3 2005
Name: Booth, Edward
17235 Soundview Ave.
Southold, NY 11971
Clerk ID: LINDAC Internal ID: 51-2-7&8
• Q • MAILING ADDRESS:
PLANNING BOARD MEMBERS y1�Qf S0 P.O. Box 1179
JE.RILYN B. WOODHOUSE 4Yr hQ� Ol� '�.h Southold, NY 11971
Chair r r^
# 4 OFFICE LOCATION:
WILLIAM J CREMERS Town Hall Annex
KENNETH L. EDWARDS 54375 State Route 25
MARTIN H.SIDOR (cor. Main Rd. & Youngs Ave.)
GEORGE D. SOLOMON Cow ` Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM RECEIVED
To: Elizabeth Neville, Town Clerk
From: Planning Department
Southold Town Clerk
Date: May 11, 2005
Re: Check(s)
Enclosed herewith is/are the check(s) listed below. Please return a receipt to us.
Thank you.
Project Name J Project Type I SCTM # Amount J Check #
Edward Booth I Cons. Sub. 51-2-7 & 8 $3,500.00 16912
P & PFee 7
enc(s).
• • MAILING ADDRESS:
PLANNING BOARD MEMBERS ��pF SOUry� Southold,P.O. Box
1/197I
JERILYN B. WOODHOUSE �� l0
Chair y
'i' OFFICE LOCATION:
WILL[AM J.CREMERS rp bw Town Hall Annex
KENNETH L. EDWARDS � ,a0 54375 State Route 25
MARTIN H. SIDOR Ol� �1 (cor. Main Rd. &Young,Ave.i
GEORGE D. SOLOMON COMM Southold, NY
Telephone: 631 765-1936
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Elizabeth Neville, Town Clerk
From: Planning Department
Date: May 11, 2005
Re: Check(s)
Enclosed herewith is/are the check(s) listed below. Please return a receipt to us.
Thank you.
Project Name 1 Project Type SCTM # A_mount T Check #I
Edward Booth j Cons_Sub. 51-2-7 & 8 $3,500.00 6912
-- — P & PFee
5-137110 6 912
EDWARD C. BOOTH 0052751639
PATRICIA S. BOOTH
ill 17235 SOUNDVIEW AVE. DATEI�L
SOUTHHOLD, NV 71971-2839
TO TO T111
_ spy. YYY
0 Fleet �IOQ
liig rmtr�/Tv-
xT-F.ee
:0110D0138 . D0527 5163 6912 '
Town Of Southold •
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 07/21/03 Receipt#: 6836
Transaction(s): Subtotal
1 Application Fees $250.00
Check#: 6836 Total Paid: $250.00
Name: Booth, Edward C. & Patricia
17235 Soundview Ave
Southold, NY 11971-2839
Clerk ID: LINDAC Internal ID:79692
CLOSING STATEMENT
Edward C. Booth, Sr. and Patricia S. Booth
to
TOWN OF SOUTHOLD
DATE: June 14 @ 1:00 P.M.
PLACE: Office of the Department of
Land Preservation
Main Road
Southold, New York
SELLER: Edward C. Booth, Sr. and Patricia S. Booth
SELLERS'ATTORNEY: Rudolph Bruer, Esq.
PURCHASER: Town of Southold
PURCHASERS' ATTORNEY: Lisa Clare Kombrink, Esq.
TITLE COMPANY REP.: Karen Hagen
PREMISES: 17580 Soundview Avenue, Southold
SCTM#: 1000-51-2-7 & part of 8
SALES PRICE: $801,212.80
Plus adjustments due Seller $ 4,100.00
(re: survey reimbursement)
DUE SELLER AT CLOSING: $805,312.80
Check # 081861
Made Payable to
Edward C. Booth, Sr. and Patricia S. Booth $805,312.80
PAID SELLER AT CLOSING: $805,312.80
Additional Costs of Purchase:
Check #081864
Made Commonwealth Land Title Insurance Company $ 3,935.00
Fee Policy Premium - $3,720.00
Recording Fee $ 200.00
Certified Copy $ 15.00
Check #081866
Made Payable to Karen Hagen $ 100.00
Per Diem/Title Closer
Poll',
BARGAIN AND SALE DEED WITH COVENANT AGAINST
GRANTOR'S ACTS
FORM 8007
CAUI ION. I IIIS AGREEMENT SIIOULD BE PREPARED BY AN AT AND REVILWED By AT TOP.
SELLER AND PURCHASER BEFORE SIGNING.
�} -z-W cJ
THIS INDEA'TURE, made the (' 1 day of QT'110 1
behveen
EDWARD C. L300TH JR., residing at 17235 Soundview avenue, Southold, New York 1 197I, as
to MICHAEL S. BOOTH, residing at 17235 Soundview Asenuc, Southold, Neu'
YorK 11971, as to , MARGOT W. BOOTH, residing at 3635 Old North Road,
Southold, New York if 971. and KATHERINE B. COHEN, residing at I-1I
Great Plain Avenue, Needham, NIA 02194
party of the first part, and
EDWARD C. BOOTH AND PATRICIA S. BOOTH, his wife, both residing at 1,235 Sound V icA%
AVCntne, Southold, New fork 11971
party of the second part,
111TIVESSET11, that the party of the first part, in consideration of TEN DOLLARS r,$10.00),
lawful money of the United States, paid by the party of the second part, does hereby grant and
release unto the party of the second part, the heirs or successors and assigns c f the party of the
second part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being in the Town of Southold, County of Suffolk and State of Now
York, bounded and described as follows:
BEGINNING at a point formed by the intersection of the northerly side of North Road a ith
the westerly side of Mt. Beulah Avenue;
RUNNING THENCE along the northerly side of North Road North 70 degrees 52 Inirnll S 00
seconds West 310.00 loot to land now or formerly of Sander;
RUNNING THENCE along land now or for of Sander the following three (3) ':oul:,es
and distances:
I. North 19 degrees 08 minutes East 210.00 feet;
2. North 86 degrees 17 minutes 20 seconds West 150.42 feet;
i. :iouth 19 degrees 08 minutes Nest 170,00 feet to the northerly side of North Road;
RUNNING THENCE along the northerly line of North Road North 70 degrees 52 minutes 1)0
seconds West 300.82 feet to land now or formerly of Donopria;
THENCE along land now or tonnerly of Donopria North 14 degrees 2= fainutes 30 seconds
West 1267.07 feet to the Southerly side of Soundview Avenue;
RUNNING THENCE along the southerly side of Soundview Avenue North 73 degrees 27
minutes 30 seconds East 275.00 feet to the land nor or formerly of Wiley;
RUNNING THENCE along land now or formerly of Wiley the following three courses and
distances;
1. South 16 degrees 32 minutes 30 seconds East 150.00 feet;
2. North 73 degrees 27 minutes 30 seconds East 145.00 feet;
3. Ninth 16 degrees 32 minutes 30 seconds West 150.00 feet to the southerly, side to
Soundview Avenue;
RUNNING THENCE along the southerly side of Soundview Avenue the followim, m o ('_)
courses and distances:
I. North 73 degrees 27 minutes 30 seconds East 465.26 feet; -
2. North 63 degrees 09 minutes 00 seconds East 134.57 feet to the westerly side of nl,Hnnt
Beulah Avenue;
RUNNING THENCE along the westerly side of Mount Beulah Avenue South I degree 56
minutes 40 seconds East 1788.81 feet to the point or place of BEGINNING.
BEING AND INTENDED TO BE the same premises conveyed to the party of the first part
by deed dated T. 19i99 and recorded on 8.-20;99 in Liber 11983. Pace 981.
Said premises being all the interest of the party of the first part in an
into the premises being conveyed herein;
i
TOGETHER with all right, title and interest, if any, of the path 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 of the pain of the first part
in and to said premises,
TO HA6 E AAD TO HOLD the premises herein granted unto the party of the second part, the
heirs or successors and assigns of the party of the second part forever.
AND the party'of the first part, covenants that the party,of the first part has not done or
suffered anything whereby the said premises have been encumbered in any v%ay whatever, except
as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants
that the pam of the first part mill receive the consideration for this conveyance and will hold the
right to 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 first to the payment of the cost of the
improvement before using any part of the total of the same for any other purpose.
The word "patty" shall be construed as if it read "parties" whenever the sense of this
indenture so requires.
LV 1TTTNESS UMEREOF, the pan of the first part has duly executed this deed the day and
year first above written.
IN PRESE C'E OF
C.
Edward C. Booth Jr. Michael S. Booth
Bum ' � 6 GL--
Kfarglit M Booth Katherine B. Cohen
STATE OF �}Ortda
:SS.
COUNTY OF &eVQrC :
On the 3r day ofnicb, 3t3B4 before me, the undersigned, a Notary Public in and
for said State, personally appeared Edward C. Booth Jr., personally,known to Inc or
proved to me on the basis of satisfactory evidence to be the individuals whose name are
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 individuals v person
upon behalf of which the individual acted, executed the instrument. .
..,,_,"s, �iatherine Rlvet�.
Corot�is:icn,`fDD303S70
' Expim:Mar 25,200a I I IY
:;aaa°8' Ailm�cgpadetgCa,log V r — — r
TARY PUBLI
STATE OF
COUNTY OF
atoms
Orr the day, of r ,4Wbefore me, the undersigned, a Notary Public in and
for said State, personally appeared MICHAEL S. BOOTH, personally known to me or
Proved to me on the basis of satisfactory evidence to be the individual whose nanre is
subscribed to the vv ithin instrument and acknowledged to me that he executed rile same in
his capacity, and that by his signature on the instrument, the individuals, or the person
upon behalf of which the individual acted, executed the instrument.
SONNY J. SNI O
Notary Public,State
Of New York �1 �'—
No.01DD6095328,Suffolk County NOTARY t BL1C
Term Expires July 7,20 01 _
I"ATE OF NEW YORK
:ss.
COUNTY OF SUFFOLK
On the l +h day of A ' i, 2005 before me, the undersigned, a Notary Public in and for said State,
personally appeared Margot W. Booth personally known to me or pros ed tc me on the basis of satisfactory
evidence to be the individual whose names is subscribed to the ss ithin instrument and acknoss led�'ed to me
that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or the
person upon behall'ofwhich the individual acted, executed the instrument.
l
ARY PUBLIC
Jr.hn IA Judge
n OTARY PUBLIC,State of New York
rio. 01JU6059400
Qualified In Suffolk County
y,j ` // Commission Expires May 9,20 06-7State of ' , ju
ss:
County of - tq R11(
On theZ 5day of Flar` t in the year 2006-, before me, the undersigned, personally appeared
KATHERINE B. COHEN, personally 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 the she exeatted
the same in her capacity, that by her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed th� instrument, and that such indis iduail made such appearance before the
undersigned in the city of -S.-L."uao Gi and the state of /o`
SUSAr+ h t-OOKER %7
NOTARY PUB T State of New York
No O 1 T05078120
QUdllfled in Suffolk County n
May
Commission Expires 4 20/ TARY PUBLIC
BARGAIN AND SALE DEED WITH COVENANT AGAINST
GRANTOR'S ACTS
FORNI 8007
CAUTION: THIS AGREEMENT SHOULD BE PREPARED BYANATTORNEY ANI)REVIEWED By AT FOICNEYS FOR
SELLER AND PURCHASER BEFORE SIGNING.
THIS INDENTURE, made the (9 day of n-)O(C -) , 2005,
between
Edward C. Booth Jr., residing at 17235 Soundview avenue, Southold, New fork 1 1971
' Michael S. Booth, residing at 17235 Soundview Avenue, Southold, New York 11971
Margot W. Booth. residing at 3635 Old North Road, Southold, Ne%c York 11971
Katherine B. Cohen, residing at 38 Parish Road, Needham, MA 02194
party, of the first part, and
Edward C. Booth Sr. , residing at 17235 Soundview Avenue, Southold, NY 11971
Patricia S. Booth, residing at 17235 Soundview Avenue, Southold. New York 119-1
pam of the second part,
{iITNESSETH, that the party of the first part, in consideration of TEN DOLLARS IS 10.00),
lawful money of the United States, paid by the party of the second part, does hereby grant and
release unto the pam of the second part, the heirs or successors and assigns of the pam of the
second part forever,
ALL that certain plot, piece or parcel of land, kith the buildings and improvements [hereon
erected, situate, lying and being at Southold, in the TOR n of Southold, County of Suffokl and
State of New fork, bounded and described as follows;
BEGINNING at a point on the southerly line of Soundview Avenue a distance of 599.83 fee[
westerly along said southerly line from the v esterh line of Mount Beulah Avenue, from said
point of beginning running along land of Clement W. Booth three courses as follow:
1. South 16 degrees 32 minutes 30 seconds East, a distance of 150.00 feet;
2. South 13 degrees 27 minutes 30 seconds West. as distance of 145.00 feet:
3. North 16 degrees 32 minutes 30 seconds West, a distance of 150.00 feet to said southery
line of SoundvieNk Avenue;
THENCE along said southerly line, North 73 degrees 27 minutes 3U seconds East, a distance
of 145.00 feet to the point of BEGINNING;
SUBJECT to covenants and restrictions contained in Deed front Clement W. Booth to Esther
B. Wiley dated 8,10'64 and recorded on 9 4,64 in Liber 560S, Page 331.
BEING AN D INTENDED TO BE the same premises conveyed to the par of the first par
by deed dated 3;13'98 and recorded on 4 1 '98 in Liber 11886, Pa-,,e =6'.
TOGETHER with all right, 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 w ith the appurtenances and all the estate and rights of the party of the first pan
in and to said premises,
TO HAI E AND TO HOLD the premises herein granted unto the party of the second part, the
heir or successors and assigns of the party of the second part forever.
AND the party of the first part, covenants that the party of the first part has not done or
suffered anything whereby the said premises have been encumbered in any way whatever, except
as aforesaid.
AND the party of the first part, in compliance with Section L3 of the Lien Law, covenants
that the party-of the first part will receive the consideration for this conveyance and a ill hold the
right to 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 first to the payment of the cost of the
improvement before using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenek er the sense of this
indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the dad and
year first above written.
IN PRESENCE OF: ff
Edward C. Booth Jr.
W„ 41 51
Michael S. Booth
Nlar of W Booth
l-l� n. ll;—
Katherine B. Cohen
.�elrac
Yam/ YC1 :ss.
COUNTY OF Stf
On the (5k day of 2005 before me, the undersigned, a Notary Public in and for
said State, personally appeared Edward C. Booth Jr. personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are 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
individuals, or the person upon behalf of which the indiv ual acted, executed instrument.
lCathaine RivcM
CommisimMD303M AORYtPUBLIC�
Expire.�25,,2008
Atlaousonamece,ire-
STATE OF NEW YORK
:ss.
COUNTY OF SUFFOLK .
On the �4 day of Ko_,l , 2005 before me, the undersigned, a Notary Public in and for said State.
personally appeared Michael S. Booth personally known to me or proved to me on the basis of satisfactory
evidence to be the individuals whose names are 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 individuals- or the
person upon behalf of which the individual acted, executed the instrument.
BONNIEJ.DOROSIO0
Notary Public,State OfNewllrfk NOTARY" BLIC
No.O1D06095328,Suffolk air
Term Expires July 1,20 U
STATE OF NEW YORK
:ss.
COUNTY OF SUFFOLK
On the l day of APas I , 2005 before me, the undersigned, a Notary Public in and for said State,
personally appeared Margot NN'. Booth personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose naives is subscribed to the within instrument and acknowledged to me
that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or the
person upon behalf of which the individual acted, executed the instrument.
John M.Judge
NOTARY PUBLIC,State of New York
Nc. 01JU6059400
Ouali6ed In Suffolk County
Conn Fission Expires May 29,20 O]_ ,AR1 PUBL
State of A)Q4"t..VGA
ss:
County of JiCAfy-p'l
On the 25day of Hu'zll in the year 20149' before me, the undersigned, personally appeared
KATHERINE B. COHEN, personally known to me or proN ed to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me the she eseruted
the same in tier capacity, that by her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument, and that such individual made such appearance before the
undersigned in the city of S0 � and the state of rl>Jzul* k-
SUSA.N K IOOKER
NOTARY PUBLI State of New York
No 01TO5078120
Qualified:n Suffolk County �,r/7
Commission Expires May I qr Zw NOTARY`/PUBLIC
DdetACA
6A1 C— .
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of June, 2005 at Southold, New York. The parties are Edward C. Booth,
Sr. and Patricia S. Booth, both residing at 17235 Soundview Avenue,
Southold, New York 11971, ("Grantor"), and the TOWN OF SOUTHOLD, a
municipal corporation, having its principal office at 53095 Main Road, P.O.
Box 1179, Southold, New York ("Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, more fully
described in SCHEDULE A attached hereto and made a part hereof, and a
survey dated June 20, 2003, and last revised Z-f Zoo S, prepared by
Peconic Surveyors, P.C., and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold which designation, to the extent possible, is intended to
prevent the unnecessary loss. of those currently open lands which contain
prime agricultural soils as outlined in the Town Code of the Town of
Southold, Section 100-30. The Property is designated as part of Suffolk
County Tax Map Parcel Number % oov- 9'• 2-.- 1 ; and
e10 I000-91 -2-8
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property as scenic
open space as defined in the Town Code of the Town of Southold, or in an
agricultural capacity as defined in this Easement; and
WHEREAS, the Property is currently undeveloped and open; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of eight hundred and one
thousand, two hundred twelve dollars and 80/100 ($801,212.80) and other
good and valuable consideration paid to the Grantor, the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross, which
shall be binding upon and shall restrict the premises shown and designated
as the Property herein, more particularly bounded and described on
Schedule "A" annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of open spaces and natural or scenic
resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic or agricultural
values of the Property and have the common purpose of preserving these
values. This Deed is intended to convey a Development Rights Easement on
the Property by Grantor to Grantee, exclusively for the purpose of preserving
its character in perpetuity for its environmental, scenic, agricultural, and
natural values by preventing the use or development of the Property for any
purpose or in any manner contrary to the provisions hereof, in furtherance
of Federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by enactment of Environmental Conservation Law,
Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar
recognition by the federal government includes Section 170(h) of the
Internal Revenue Code and other Federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. Grantor has made available to Grantee sufficient
documentation to establish the condition of the Property at the time of the
delivery of this Development Rights Easement. In order to aid in identifying
and documenting the present condition of the Property's natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in identifying and
documenting the Property's agricultural values as of the date hereof, to
assist Grantor and Grantee with monitoring the uses and activities on the
Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, a survey dated June 20, 2003, and
last revised , by Peconic Surveyors, P.C. and an Environmental
Site Assessment dated November 19, 2004 by Nelson, Pope & Voorhis, LLC.
Grantor and Grantee acknowledge and agree that in the event a controversy
arises with respect to the nature and extent of the Grantor's uses of the
Property or its physical condition as of the date hereof, the parties shall not
be foreclosed from utilizing any other relevant or material documents,
surveys, reports, photographs, or other evidence to assist in the resolution
of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the right to prohibit or restrict the
use of the Property for anything other than open space, as that term is
presently defined in §247 of the General Municipal Law and/or Chapter 59 of
the Town Code of the Town of Southold (the "Code") and/or agricultural
production as that term is presently referenced in Section 247 of the New
York General Municipal Law and/or defined in Chapter 25 of the Town Code.
1.03 Duration
3
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and every one of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
Except as provided in Section(s) 4.07, the construction or placement
of residential, commercial, industrial or other buildings, structures, or
improvements of any kind or nature (including, but not limited to mobile
homes), permanent or temporary, on, over, or under the Property, shall be
prohibited. Structures and improvements, including, but not limited to,
driveways and agricultural structures as they may be permitted in Section(s)
4.07 hereof, shall not be erected on, over, or under the Property without the
prior written approval of the Grantee, as may be required by the Code of the
Town of Southold and the Town Land Preservation Committee or its
successor committee. Such approval may be granted if the structure does
not defeat or derogate from the purpose of this Easement or other applicable
laws. For purposes of this Easement, "structure" shall be defined as
anything constructed or erected on or under the ground or upon another
structure or building, including berms, driveways or walkways.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
4
Property and for purposes of erosion control and soil management, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization and composting.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Landscaping Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04. Notwithstanding this
provision, the property may be cleared in connection with agricultural
production, as that term is referenced in §247 of the General Municipal Law
and/or defined in Chapter 25 of the Town Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems on the Property
shall be prohibited without the prior written consent of the Grantee. Utilities
located on the interior of the Property (i.e., not along street boundaries)
must, to the extent possible, be constructed within 30 feet of the centerline
of roads or driveways. Any utilities must be used solely to service the
permitted structures and must be related to use of the property for
agricultural production or equine and livestock activities.
3.08 Prohibited Uses
The use of the Property for any residential, commercial or industrial
uses and structures related to those uses, permanent or temporary, shall be
prohibited. For the purposes of this section, agricultural production,
including but not limited to the raising of crops, livestock and livestock
5
products, as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code shall not be considered
a commercial use. Notwithstanding anything to the contrary herein, a
Farmstand may not be constructed on the property, whether as a permanent
or temporary structure.
3.09 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the U.S.
Department of Agriculture's National Resource Conservation Service.
3.10 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service the permitted structures. The use of the
Property for a drainage basin or sump shall be prohibited, except in
accordance with sound agricultural management practices and in order to
control flooding or soil erosion on the Property.
3.11 Development Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any structures, as
such right may be provided in Section 4.07, and the parties agree that such
rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law. Notwithstanding, this
Easement shall not prohibit use of the 15' right of way beginning at Sound
view Avenue and the 10' right of way beginning at North Road, both shown
6
on the survey June 20, 2003, and last revised AA, --2176as, by Peconic
Surveyors, P.C. for access to the three (3) acre "b ild�! ing envelope" shown
on the same survey.
4.04 Landscaping Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, to mow and to cut
trails. Grantor shall have the right to cut new growth less than four (4)
inches in diameter at breast height and to remove exotic or invasive species
including, but not limited to wild cherry, mulberry, oilanthus and locust.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Agricultural structures, as provided in 4.07, and as may be
reasonably necessary in connection with agricultural use and the
maintenance of the Property may be constructed, maintained or replaced by
Grantor with the prior written approval of the Grantee and subject to
appropriate governmental approval, including the Town of Southold Land
Preservation Committee or its successor committees.
4.06 Equine and Livestock Activities
In addition to the Agricultural Activities described in ¶4.05 above,
Grantor shall have the right to use the Property for horse pasture, horse
riding, horse breeding, or the breeding of any livestock.
4.07 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property with the prior written
approval of Grantee, as such approval may be required by the Code of the
Town of Southold and the Town Land Preservation Committee or its
successor committee. Approval may be granted and will not be
unreasonably withheld if the structure or improvement does not defeat or
derogate from the purpose of this Easement or other applicable laws. These
structures and improvements include:
(i) Underground facilities normally used to supply utilities, remove
sanitary sewage effluent and/or control stormwater runoff from
the improvements permitted under the terms of this paragraph A
and B;
(ii) Fences, if placed so as not to block or detract from the scenic
view.
(iii) Agricultural structures that are necessary, incidental and
accessory to the agricultural activity on the Property;
(iv) Access drives, to provide access to the improvements permitted
herein, a trail for non-motorized vehicles or for foot traffic only,
7
for the sole use of the owners, their successors and assigns, and
their tenants, occupants, and invitees.
B. Replacement of Improvements: In the event of damage resulting from
casualty loss to an extent which renders repair of any existing improvements
impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted within the same general
location, subject to the review and written approval of Grantee.
C. Environmental Sensitivity During Construction: The use and location of
any improvement permitted hereunder shall be consistent with the purposes
intended herein, and construction of any such improvement shall minimize
disturbances to the environment. Grantor shall employ erosion and
sediment control measures to mitigate any storm water runoff, including but
not limited to minimal removal of vegetation, minimal movement of earth
and minimal clearance of access routes for construction vehicles.
4.08 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.07 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
This notice is in addition to any other governmental applications
and/or approvals that may be required by this Easement or by the Town
Code of the Town of Southold.
4.09 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
8
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens, except those
arising from Grantee's negligence, to Grantee or any of its officers,
employees, agents or independent contractors arising from the physical
maintenance or condition of the Property or from any taxes, levies or
assessments upon it or resulting from this Easement, all of which shall be
considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, except those arising from
Grantee's negligence, to Grantee or any of its officers, employees, agents or
independent contractors resulting: (a) from injury to persons or damages to
property arising from any activity on the Property, except those due to the
acts of the Grantee, its officers, employees, agents, or independent
contractors; and (b) from actions or claims of any nature by third parties
arising out of the entering into or exercise of rights under this easement,
excepting any of those matters arising solely from the acts of Grantee, its
officers, employees, agents, or independent contractors.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior written notice to Grantor, and in a manner that will not
interfere with Grantor's quiet use and enjoyment of the Property, for the
purpose of inspection to determine whether this Easement and its purposes
and provisions are being upheld. Grantee shall not have the right to enter
upon the Property for any other purposes or to permit access upon the
Property by the public. Access to Grantee shall be limited to two (2) times
per year, unless Grantor is in violation of this Easement.
6.02 Maintenance
Grantee shall have the right to require the Grantor to maintain the
Property in the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Rights of Grantee
9
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section, if Grantee is the prevailing party as determined by a
court of competent jurisdiction.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 7.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or delay in exercising any remedy shall not
10
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment
This Easement gives rise to a property right and interest immediately
vested in the Grantee. For purposes of this Section 6.06, the fair market
value of such right and interest shall be equal to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, is hereinafter referred to as the
"Proportionate Share"). In the event a material and potentially
unforeseeable change in the conditions surrounding the Property makes
impossible its continued use for the purposes contemplated hereby, resulting
in an extinguishment of this Easement by a judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair
market value of the Property at such time. In the event of a sale by Grantor
to an unrelated person subsequent to such extinguishment, or a transfer
made on account of the exercise of the power of eminent domain, the sale
price or condemnation award shall establish fair market value. Absent such
a sale, the Property's fair market value shall be established by independent
appraisal.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with common and statutory
law applicable to the modification of covenants and restrictions running with
the land. Any such amendment shall be consistent with the purpose of this
Easement and shall comply with the Conservation Law or any regulations
promulgated thereunder. Any such amendment shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h) (the
"Code"). The parties agree to amend the provisions of this Easement if such
amendment shall be necessary, to entitle Grantor to meet the requirements
of Code Section 170(h). Any such amendment shall apply retroactively in
the same manner as if such amendment or amendments had been set forth
herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 or 57 of the Town Code of
the Town of Southold, as applicable, following a public hearing and,
11
thereafter, ratified by a mandatory referendum by the electors of the Town
of Southold. No subsequent amendment of the provisions of said Code shall
alter the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to
grant, to the public any right to enter upon the Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its IN WITNESS WHEREOF,
12
Grantor has executed andelivered and Grantee has accepted and received
this Deed of Easement on the day and year set forth above.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
BY: _ 2 �I0 Q C -s .
Edward C. Booth, Sr. (Grantor
Patricia S. Booth (Grantor)
TOWN OF SOUTHOLD(Grantee)
BY: Wes— .
Martin H. Sidor
Deputy Town Supervisor
13
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this /q ay of-J •✓ In the year 2005 before me, the
undersigned, personally appeared Martin H. Sidor, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
KARENJ. HAGEN
NOTARY PUBLIC. State of New York
NotaryPublic No. 02H Suffolk o
Qualified in Suffolk County
Commission Expires March 21, 20
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this /d day ofj'u./ _ in the year 2005 before me, the
undersigned, personally appeared Edward C. Booth, Sr., personally known to
me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
/ \ KAREN J. HAGEN
1 1l NOTARY PUBLIC, State927 New York
No. 02HAaa27029
Qualified in Suffolk County ,�.-,�
Notary Public Commission Expires March 21, 20 C
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this�� day offLV in the year 2005 before me, the
undersigned, personally appeared Patricia S. Booth, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument
KAREH J. HAGEN
OTARY PUBLIC. Stave of New York
Notary Public No. 02H.A41W029
Qualified in Suffolk County
Commission Expires March 21, 20
c:/Anne/Town of Southold Master Documents/Booth Development Rights Easement June 6 2005
14
�, �r P� C� VEnHeAC � NO. 449 f.
N. 14. 2 .1:. io• 29
File No: RN04301955
SCHEDULE A - DESCRIPTION
AMENDED 06/14/05
ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being
at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as
follows:
BEGINNING at the corner formed by the Intersection of the Southerly side of Sound View Avenue and the
Westerly side of Mt. Beulah Avenue;
RUNNING THENCE South 01 degrees 56 minutes 40 seconds East along said Westerly side of Mt. Beulah
Avenue, 1073-71 feet;
THENCE South 88 degrees 03 minutes 20 seconds West, 213.94 feet;
THENCE South I degree 56 minutes 40 seconds East, 406.62 feet, to a concrete monument;
THENCE North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and
THENCE South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument an the
Northerly side of North (C.R. 27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the Northerly side of North (C,R. 27)
Road, 300.82 feet to land now or formerly of R.J. & H. Donopria;
RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said land now or formerly of R.J. & H.
Donopria, 466,03 feet;
RUNNING THENCE along other land of the party of the first part the following three (3) courses and distances:
1) North 75 degrees 35 minutes 30 seconds East, 261.36 feet;
2) North 14 degrees 24 minutes 30 seconds West, 500.00 feet; and
3) South 75 degrees 35 minutes 30 seconds West, 261.36 feet again to land now or formerly of R.J. &H.
Donopria;
RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later
along land now or formerly of H.V. Miepus & M.G. Ellis, 300.00 feet to the Southerly side of Sound View
Avenue;
RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the Southerly side of Sound View
Avenue, 885.26 feet;
RUNNING THENCE North 63 degrees 09 minutes 00 seconds East still along said Southerly side of Sound View
Avenue, 134.52 feet to the corner at the point or place of BEGINNING.
ALTA OWnerS Policy
!UN. 14. 2ui5 12 29PM CL" VE6:HEap . NO. 449 P. 4
File No: ItH043019SS
SCHEDULE A- DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Sound View Avenue and the
westerly side of Mt. Beulah Avenue;
RUNNING THENCE South 01 degree 56 minutes 40 seconds East along said westerly side of Mt. Beulah
Avenue, 1787.84 feet to the northerly side of North (C.R. 27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27)
Road, 310.22 feet to a concrete monument and land now or formerly of Booth;
RUNNING THENCE along said land now or formerly of Booth the following three (3) courses and distances:
1. North 19 degrees 08 minutes 00 seconds East, 210.00 feet to a concrete monument;
2. North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and
3. South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a Concrete monument on the
northerly side of North (C. R.27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27)
Road, 300.82 feet to land now or formerly of R. ). & H. Donopria;
RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later
along land now or formerly of H. V. Miepus & M. G. Ellis,1266.03 feet to the southerly side of Sound View
Avenue;
RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View
Avenue, 685.26 feet;
RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View
Avenue, 134.52 feet to the corner at the point or place of BEGINNING.
ALTA Owner's Policy (10-17-92)
•
Sv/bF
Submission Without a Cover Letter
Sender: �-
1/
Subject:
SCTM#: 1000 - I — Z
Date: (o I U�—
Comments:
Submission Without a Cover Letter
Sender:
Subject: { �� �s�✓ (UY—) (/
SCTh4#: 1000 -
Date:
Comments:
JUN - 2G05
I
t -
2 PECCV1(1 _-11L, rRLv-T F'%'' E tl?
DECLARAAN OF COVENANTS & RE0ICTIONS
THIS DECI_.ARATION is made this_day of,, 2005 by Fd% and C.Booth and Patricia S.
Booth residing at 175235 Soundview Avenue, Southold,NY 11971,hereinafter referred to as
the DECLARANTS:
WITNESSETH:
WHEREAS,the DECLARANTS are the owners of certain real property situate on the South side
of Soundview Avenue, the West side of Mt. Beulah Avenue and the North side of Old North
Road,Town of Southold, Suffolk County,New York, more particularly bounded and described
in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS,the
DECLARANTS have made an application for and have received conditional approval from the
Planning Board of the Town of Southold to implement a conservation subdivision, as shown on
the Final Plat—Cluster Conservation Subdivision for Booth prepared by Peconic Surveyors,P.C.
last dated , 2005 which will simultaneously be filed in the Office of the Suffolk
County Clerk. and
WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the
Town of Southold has deemed it to be in the best interests of the Town of Southold and the
owners and prospective owners of said lots that the within Covenants and Restrictions be
imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has
required that the within Declaration be recorded in the Suffolk County Clerk's Office: and
WHEREAS,the DECLARANTS have considered the foregoing and have determined that the
same will be for the best interests of the DECLARANTS and subsequent owners of said parcels;
NOW, THEREFORE,THIS DECLARATION WITNESSETH:
That the DECLARANTS, for the purpose of carrying out the intentions above expressed, do
hereby make known, admit,publish, covenant and agree that the said lots within said subdivision
map shall hereafter be subject to the following covenants and restrictions as herein cited, which
shall run with the land and shall be binding upon all purchasers, lot owners and holders of said
Property,their heirs,executors, administrators, legal representatives, distributees, successors and
assigns, to wit:
I) Tf access to the 3-acre building area on Lot 1 shall be aced from the existing
20'-wide right-of-way, and `
r.
2) xe access r Lots 2 and 3 shall be from Mt. Beulah Avenue.
These coy a is and restn tuns shall un with land and hall be ndmg uppn the
DECL NTS, their su essors an assigns, d upon persons r entities claiming under�— f
them, and may be tennis ated, revo or amended by th owner of a Proped[y only with the J ) C
written Consent of the wn.
If any section. subsection,paragraph, clause.phrase or provision of these covenants and
restrictions shall,by a Court cf competent jurisdiction,be adjudged illegal, unlawful, invalid or
held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or /
any other part or provision beroof other than the part so adjudged to be illegal, unlawful, invalid, ;JL
or unconstitutional. //C�
j5 --"- --_isle li FF�_.Oh.IP_ LflQ T69J�T FA:9E 93
The within Declaration i�de subject to the provisions of at) laws re d by law or by their
provisions to be irco�}re herein and made a part hereof, as IhougW s
That the alit;in Declaration shalt run with the land and shall b�—[Injlirg upon the DECLARANTS J
and their successors and assigns, and upon all persons or entities-claiming under them, and may
not be annulled, waived. changed, modified, terminated, revoked. annulled, or amended by
subsequent owners of the Property unless and until approved by a majority plus one vote of the
Planning Board of the Town of Southold or its successors. after a public hearing-
IN WITNESS WHEREOF,the DECLARANTS above named have executed the
foregoino instrument the day and year first written above.
By: Edward C. Booth
By: Patricia S. Booth
STATE OF NEW YORK)
ss.'.
COUNTY OF SUFFOLK)
On the_ day of the year 2005 before me, the undersigned,personally
appeared Edward C.Booth, personally known to me or proved to me on the basis of satisfactory
evidence to 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: State of New York
STATE OF NE W YORK)
ss.
COUNTY OF SUFFOLK)
On the_day of_ the year 2005 before me, the undersigned, personally
appeared Patricia S. Booth,personally known to me or proved to me on the basis of satisfactory
evidence to 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.
Notan.Public: State of New York
June 24, 2004
DEVELOPMENT RIGHTS
PURCHASE AND SALE AGREEMENT
between
Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr., Michael
S. Booth and MargotW. Booth and Katherine B. Cohen
and
TOWN OF SOUTHOLD !{
THIS AGREEMENT, made the 'A4 day ol` , 2003, between
Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr. and
Michael S. Booth, all residing at 17235 Soundview Avenue,
Southold, New York 11971, and Margot W. Booth, residing at
3635 Old North Road, Southold, New York 11971, and Katherine B.
Cohen, residing at 1313 Great Plain Avenue, Needham,
Massachusetts 02492 (hereinafter collectively referred to as the
"Seller") and the TOWN OF SOUTHOLD, a municipal corporation of the
State of New York having its principal office at 53095 Main Road, P.O. Box
1179, Southold, New York 11971 (hereinafter referred to as the
"Purchaser").
WITNESSETH :
1. DESCRIPTION. The Seller agrees to sell and convey, and the
Purchaser agrees to purchase the Development Rights, as hereinafter
defined, in ALL that certain plot, piece or parcel of land, situate, lying and
being in the Town of Southold, County of Suffolk, and State of New York
1
designated as SCTM# 1000-51-2-8 and 1000-51-2-7 (the "Property" or the
"Premises"). The area and dimensions of the Property are, however,
subject to such changes and modifications consistent with the area and
dimensions as shown on a survey (see ¶7 herein) and final subdivision map
(see ¶5 herein). The parties acknowledge that Seller seeks through
subdivision approval to create one 25.1 acre lot, consisting of 22.1 acres
subject to this Development Rights Purchase and Sale Agreement, and a
3.0 acre reserve area on the west side of the property. In addition, the
parties acknowledge that seller is seeking to complete a lot line
modification of SCTM# 1000-51-2-7 to create a 1.5 acre lot and a 2.0 acre
set-off in the southeast corner of SCTM# 1000-51-2-8. . The proposed
subdivision and lot line modification are shown on the survey dated
prepared by Peconic Surveyors, P.C., attached and made a part
hereof.
2. DEVELOPMENT RIGHTS DEFINED. "Development Rights" as the
term is used in this Agreement shall mean the right to prohibit or restrict
the use of the Property for anything other than open space as that term is
defined in §247 of the General Municipal Law and/or agricultural production
as that term is referenced in §247 of the New York General Municipal Law
and/or defined in Chapter 25 of the Town Code of the Town of Southold
(the "Town Code"). The Development Rights to be acquired by the
Purchaser and the rights of the Sellers are further defined and are set forth
2
in the Grant of Development Rights Easement attached hereto as Exhibit
"A" and made a part of this Agreement. The power and purpose of the
Purchaser is limited to acquiring the Development Rights in lands presently
used as open space and/or suitable for agricultural production, as
described in the attached Exhibit "A".
Purchaser reserves the right, upon obtaining a survey and inspecting
the Premises in relation thereto, to hold a public hearing on the acquisition
pursuant to §247 of the General Municipal Law. Such acquisition must be
approved by an affirmative vote of the Town Board and the adoption of an
appropriate resolution following a public hearing. If the Premises are not
entirely used or suitable for open space and/or agricultural production,
Purchaser may cancel this Agreement or, subject to Seller's further
agreement, accept that portion of the premises which is suitable for open
space and/or agricultural production, as herein defined, in which case the
price will be adjusted in proportion to the area deemed suitable using the
unit price as herein set forth. The Town of Southold Land Preservation
Committee shall also approve the area from which the development rights
will be acquired, such area to be shown on a survey obtained pursuant to
¶7.
3. PURCHASE PRICE. The agreed purch a price isc
"E�a, 1n u u�e q in l ►'� vie 0 LS4 ►�� �//'
($ 20,fi90:98j DOLLARS for the 21.4 acres contemplated to be
40'?0JIC)00
3
encumbered under this Agreement, based upon a value of TANEN4*N1*E tcB
$3KJ,C�
DOLLARS per acre, and subject to a final
survey of the premises (see ¶7 herein). Purchaser and Seller hereby agree
that if the final survey shows that the total acreage of the premises is
2k
different from the 24:4 cre figure used b��(( Purchaser in,determi ing the (
klv�
purchase price of-S AND
sl:�Oq3 cw
- *UNIDRED ($&29,400-.8G) DOLLARS, the final purchase price will be
l — s�G►�l ' 1C1 USq t�1
adjusted at a rate oLJ3fflEN7X4U##&Ttt0VS=D ($29;AA0.99j 1000
DOLLARS per acre for each additional or subtracted acre or portion
thereof. j
The purchase price shall be payable by Town of Southold to the
Seller at the Closing.
4. CLOSING DATE/LOCATION. The Grant of Development Rights
Easement is to be delivered on or about sixty (60) days of receipt of a title
policy and environmental audit, in a form and substance acceptable to
Purchaser, or the recording of the final subdivision map in the Office of the
Suffolk County Clerk, whichever occurs later, unless Seller waives the
subdivision contingency set forth herein. In the event the Seller waives the
subdivision contingency, the Closing shall be take place within twenty (20)
days of receipt by Purchaser's attorney of written notice of-such waiver.
The Closing shall take place at the office of the Town Attorney, Town Hall,
53095 Main Road, Southold, N.Y. 11971, or such other location within
4
Suffolk County of Purchaser's choice, unless otherwise agreed in writing.
The delivery to and acceptance of the Grant of Development Rights
Easement by Purchaser, in form and substance acceptable to Purchaser,
and the disbursement of the purchase price to Seller, and the execution of
any other documents as may reasonably be required by Purchaser, Seller,
or the title company shall constitute the "Closing."
5. SUBDIVISION CONTINGENCY. This Agreement is
contingent upon Seller receiving approval to subdivide the subject SCTM#
1000-51-2-8 to create one 25.1 acre lot, consisting of 22.1 acres, and a ,
3.0 acre reserve area on the west side of the property and approval of a lot
line modification of SCTM#1000-51-2-7 to create a 1.5 acre lot and a 2.0
acre set-off in the southeast corner of SCTM#1000-51-2-8.
Nothing herein shall be construed to be an approval of the
subdivision or lot line modification by the Planning Board of the Town of
Southold or a waiver of any provisions of the Town Code. Furthermore,
nothing herein shall be construed to be the Town's preference for a
particular layout or design. Consistent with paragraphs 1 and 7 herein, the
Property from which the Development Rights are to be acquired herein
shall be based upon the area and dimensions as shown on the approved
and filed subdivision map. Seller may waive this subdivision contingency
and seek to close this matter upon written notice to Purchaser. In such an
event, the area from which the Development Rights are to be acquired by
5
Purchaser shall be based upon the survey prepared in accordance with the
provisions of 17 herein.
6. NO FURTHER SUBDIVISION. Subject to the subdivision approval
contemplated in ¶5 above, the property may not be further subdivided
pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real
Property Law, as they may be amended, or any other applicable State or
local law. "Subdivision" shall include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part. Notwithstanding this provision, the underlying
fee interest may be divided by conveyance of parts thereof to heirs or next
of kin by will or operation of law, or with written consent of the Purchaser.
7. SURVEY. Purchaser and Seller will have the Property surveyed
by a licensed land surveyor to determine the actual acreage of the area
upon which the Development Rights are to be sold. The survey shall be
based upon the area and dimensions as shown on the subdivision map
prepared in accordance with ¶5 herein, unless Seller waives the subdivision
contingency. The survey of the Property shall be paid by the Purchaser, at
a cost not to exceed $5,000.00. The Seller shall be responsible for all other
costs related to the surveying and mapping of the premises for subdivision
purposes.
8. ENVIRONMENTAL INSPECTION. Purchaser may conduct an
environmental inspection of the Property. If the Town chooses to conduct
6
such an inspection, the Purchaser's obligations under this agreement are
subject to and conditioned on the receipt of a report verifying that there
are no hazardous substances on or in the premises, including structures, or
the presence of any other negative environmental conditions. The Seller
shall have the right to remedy any defects raised by an environmental
inspection, at his sole cost and expense, upon notice to the Town and
within a reasonable period of time. In this event, Seller shall provide proof
satisfactory to the Purchaser that such defects have been cured. If Seller
elects not to remedy the defect(s), the Purchaser may cancel this
Agreement and be reimbursed for the costs of title examination, survey
and environmental inspection, with no further liability between the parties,
or the Purchaser may proceed to closing.
9. FORM OF EASEMENT. The Grant of the Development Rights
Easement to be executed by Sellers and delivered to Purchaser at the
closing shall be in the form approved by the Town Attorney, or his
designated representative, and shall be in substantially the form which is
annexed hereto as Exhibit "A". The Grant of Development Rights
Easement shall be duly executed and acknowledged so as to convey to the
Purchaser the Development Rights of the Property, free of all liens and
encumbrances, except as herein stated, and shall be recorded in the Office
of the Suffolk County Clerk. Purchaser shall be responsible for the
7
recording fees in connection with the Grant of Development Rights
Easement.
If the Seller is a corporation, it will deliver to the Purchaser at the
time of the delivery of the Grant of Development Rights Easement
hereunder a resolution of its board of directors authorizing the sale and
delivery of the Grant of Development Rights Easement, and a certificate by
the secretary or assistant secretary of the corporation certifying such
resolution and setting forth facts showing that the conveyance is in
conformity with the requirements of §909 of the Business Corporation Law.
The Grant of Development Rights Easement in such case shall contain a
recital sufficient to establish compliance with said section.
10. INSURABLE TITLE. The Purchaser may make its determination
of whether the Property is free from all encumbrances, except as set forth
in ¶12, on the basis of its own examination of the title, or that of its
agents, or a title report of a member company of the New York Board of
Title Underwriters having offices in Suffolk County. The parties
acknowledge that the property is subject to the rights of others for pass
and repass. Purchaser may require the Seller to clear title exceptions
raised to the satisfaction of the Purchaser, and if any is involved, the title
company. In the event that the Seller is unable to convey the Grant of
Development Rights Easement free from all encumbrances in accordance
with the terms of this Agreement, Seller shall reimburse Purchaser for the
8
costs of the title examination, survey and environmental inspection, and
this Agreement shall be considered canceled with neither party having any
further obligation to the other.
11. ACCEPTABLE ENCUMBRANCES. The Seller shall convey and the
Purchaser shall accept the Grant of Development Rights Easement subject
to existing covenants and easements of record, any covenants or
easements required by the Suffolk County Department of Health Services
and the Southold Town Planning Board in connection with the subdivision
of the Property. In the event the property is to be conveyed subject to a
mortgage, Seller shall include and record with the Grant of Development
Rights Easement the written consent of the mortgagee. The Grant of
Development Rights Easement may also be conveyed subject to the
assessment of real property taxes, provided that at the time of Closing, all
real property taxes are paid in full for the current tax (lien) year with no
arrears. All other encumbrances, liens, assessments, charges, judgments,
estates, taxes and other limitations shall be satisfied on or prior to Closing.
12. USE OF MONEY TO CLEAR TITLE. If at the date of closing
there are any other liens or encumbrances which the Seller is obligated to
pay and discharge, the Seller may use any portion of the balance of the
purchase price to satisfy the same, provided the Seller shall simultaneously
either deliver to the Purchaser at the Closing instruments in recordable
form and sufficient to satisfy such liens and encumbrances of record
9
together with the cost of recording and filing said instruments. The Seller
also agrees to provide duly executed Internal Revenue Service Form W-9
and to sign such proper vouchers for the closing check(s) as may be
requested by the Town Fiscal Officer at least two (2) weeks prior to the
date fixed for closing. The Purchaser, if request is made within a
reasonable time prior to the date of closing title, agrees to provide at the
closing separate checks as requested, aggregating the amount of the
purchase price, to facilitate the satisfaction of any such liens and
encumbrances shall not be deemed objections to title if the Seller shall
comply with the foregoing requirements.
13. AFFIDAVITS AS TO JUDGMENTS. If a search of the title
discloses judgments, bankruptcies or other returns against other persons
having names the same or similar to that of the Seller, the Seller will, on
request, deliver to the Purchaser an affidavit showing such judgment,
bankruptcies or other returns are not against Seller, if such is the case.
14. OTHER DOCUMENTS AT CLOSING. Seller shall deliver at
Closing:
a) A certification stating that Seller is not a foreign person, which
certification shall be in the form then required by FIRPTA. If Seller fails to deliver
the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on
such certification, Purchaser shall deduct and withhold from the purchase price a
sum equal to 10% thereof (or any lesser amount permitted by law) and shall at
10
Closing remit the withheld amount with the required forms to the Internal
Revenue Service.
15. SELLER'S REPRESENTATIONS. Seller represents that:
a) the premises are agricultural lands formerly used for
agricultural production as defined herein;
b) at no time, to the Seller's knowledge, has the Property been
used for the generation, storage, or disposal of hazardous substances, or as a
landfill or other waste disposal site;
c) there are no hazardous substances or toxic wastes in or on the
Property that may affect the Property or any use thereof or that may support a
claim or cause of action under common law or under any federal, state or local
environmental statute, regulation, ordinance or any other environmental
regulatory requirement, nor has any action been instituted for enforcement of
same;
d) to the Seller's knowledge, there are currently no underground
storage tanks on the Property, and none were located on the property;
e) there are no actions, suits, claims or proceedings seeking
money damages, injunctive relief, remedial action or any other remedy pending
or threatened relating to a violation or non-compliance with any environmental
law, or the disposal, discharge or release or solid wastes, pollutants or hazardous
substances, or exposure to any chemical substances, noises or vibrations to the
11
extent the same arise from the condition of the premises or Seller's ownership or
use of the premises;
f) no consent or approval is needed from any governmental agency
for the transfer of the development rights from Seller to Purchaser, and neither
the execution of this agreement, nor the closing of title, will violate any
environmental law;
g) from the date of this Agreement to Closing, Seller will not
remove any soil from the property from which development rights will be sold.
16. INDEMNIFICATION. Seller will defend, indemnify, and hold
harmless the Purchaser against any and all damages, claims, losses, liabilities
and expenses, including, without limitation, responsibility for legal, consulting,
engineering fees and other costs and expenses which may arise out of 1) any
inaccuracy or misrepresentation in any representation or warranty made by
Seller in this agreement; 2) the breach or non-performance of any covenants
required by this agreement to be performed by the Seller, either prior to or
subsequent to the closing of title herein; or 3) any action, suit, claim, or
proceeding seeking money damages injunctive relief, remedial action, or other
remedy by reason of a violation or non-compliance with any environmental law,
or the disposal or release of solid wastes, pollutants or hazardous substances, or
exposure to any chemical substances, noises or vibrations to the extent they
arise from the ownership, operation, and/or condition of the premises prior to or
subsequent to the execution of the deed of development rights. This paragraph
12
shall survive closing.
17. PUBLIC DISCLOSURE STATEMENT. The Seller, simultaneously
with the execution and delivery of this Agreement, has also delivered the
required verified public disclosure statement for filing with the Town Fiscal
Officer. At the time of the closing, the Seller shall submit a sworn
statement that there have been no changes in interest since the date of
this Agreement. Any evidence of a conflict of interest or prohibited
contractual relationship shall require approval of the contract and sale by
the Supreme Court.
18. BROKER. The parties agree that no broker brought about this
sale.
19. ENTIRE AGREEMENT. It is understood and agreed that all
understandings and agreements had between the parties hereto are
merged in this contract, which, with the exhibits, fully and completely
expresses their agreement, and that the same is entered into after full
investigation, neither party relying upon any statement or representation,
not embodied in this contract, made by the other.
20. MODIFICATION. The Agreement may not be modified, changed
or terminated orally. This Agreement may be modified or changed only
with the prior written consent of both Seller and Purchaser in each instance
and any purported modification or change made without such consent shall
be void.
13
21. BINDING EFFECT. This Agreement shall apply to and bind the heirs,
distributes, legal representatives, successors and permitted assigns of the
respective parties.
22. DEFAULTS AND REMEDIES. If Seller defaults hereunder,
Purchaser shall have such remedies as Purchaser shall be entitled to at law or in
equity, including, but not limited to, specific performance.
23. PURCHASER'S LIEN. All money paid on account of this contract, and
the reasonable expenses of examination of title to the Premises and of any
survey, survey inspection and environmental audit charges, are hereby made
liens on the Premises, but such liens shall not continue after default by Purchaser
under this contract.
24. NOTICES. Any notice or other communication ("Notice") shall be in
writing and either (a) sent by either of the parties hereto or by their respective
attorneys who are hereby authorized to do so on their behalf by certified mail,
postage prepaid, or (b) delivered in person or by overnight courier, with receipt
acknowledged, to the respective addresses given in this contract for the party to
whom the Notice is to be given, or to such other address as such party shall
hereafter designate by Notice given to the other party or parties pursuant to this
paragraph. Each Notice mailed shall be deemed given on the third business day
following the date of mailing the same, except that each Notice delivered in
person or by overnight courier shall be deemed given when delivered.
14
25. NO ASSIGNMENT. This Agreement may not be assigned by
Sellers or Purchaser without the prior written consent of parties in each
instance and any purported assignment(s) made without such consent shall
be void.
26. MISCELLANEOUS. If two or more persons constitute the
Seller, the word "Seller" shall be construed as if it read "Sellers" whenever
the sense of this Agreement so requires.
27. BARGAIN SALE. Seller will have the premises appraised by a
qualified appraiser whose appraisal of the Premises may indicate a fair
market value of the property in excess of the purchase price that Purchaser
is paying for the Premises. Seller's obligations under this Agreement are
subject to receipt of such an appraisal. Seller is solely responsible for
obtaining said appraisal, and the Purchaser makes no representations as to
the fair market value of the Premises. If the above referenced appraisal
indicates a higher fair market value for the Premises than the purchase
price set forth in this contract, Seller intends to make a charitable
contribution to Purchaser of the difference between the fair market value
indicated in the above referenced appraisal and the purchase price paid by
Purchaser, pursuant to Section 1011(b) of the Internal Revenue Code.
28. SOUTHOLD TOWN BOARD APPROVAL. Execution of this
Agreement by Purchaser and the Closing contemplated herein are subject
to approval by the Town Board of the Town of Southold in the form of a
15
resolution and authorizing the acquisition and further recognizing this
Sale/Purchase as a Bargain Sale, following a public hearing as required by
applicable law.
IN WITNESS WHEREOF, this Agreement has been duly executed by
the parties hereto on the day and year first above written.
n4w)
Edward C. Booth, Seller Patricia S. Booth, Seller
Edward C. Booth, Jr., Sel Michael S. Booth, Seller
Mar of . Booth, Seller Katherine B. Cohen, Seller
TOWN OF SOUTH�0OLD
BY:
OS
HUA HORTON, SUPERVISOR
C:/Anne/Town of Southold Master Documents/Booth Final 6904 Farmland Purchase of Development
Rights
16
SCHEDULE A
17
June 24, 2004
DEVELOPMENT RIGHTS
PURCHASE AND SALE AGREEMENT
between
Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr., Michael
S. Booth and MargotW. Booth and Katherine B. Cohen
and
TOWN OF SOUTHOLD
THIS AGREEMENT, made the, v- day of , 204, between
Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr. and
Michael S. Booth, all residing at 17235 Soundview Avenue,
Southold, New York 11971, and Margot W. Booth, residing at
3635 Old North Road, Southold, New York 11971, and Katherine B.
Cohen, residing at 1313 Great Plain Avenue, Needham,
Massachusetts 02492 (hereinafter collectively referred to as the
"Seller") and the TOWN OF SOUTHOLD, a municipal corporation of the
State of New York having its principal office at 53095 Main Road, P.O. Box
1179, Southold, New York 11971 (hereinafter referred to as the
"Purchaser").
WITNESSETH :
1. DESCRIPTION. The Seller agrees to sell and convey, and the
Purchaser agrees to purchase the Development Rights, as hereinafter
defined, in ALL that certain plot, piece or parcel of land, situate, lying and
being in the Town of Southold, County of Suffolk, and State of New York
1
• 0
designated as SCTM# 1000-51-2-8 and 1000-51-2-7 (the "Property" or the
"Premises"). The area and dimensions of the Property are, however,
subject to such changes and modifications consistent with the area and
dimensions as shown on a survey (see ¶7 herein) and final subdivision map
(see ¶5 herein). The parties acknowledge that Seller seeks through
subdivision approval to create one 25.1 acre lot, consisting of 22.1 acres
subject to this Development Rights Purchase and Sale Agreement, and a
3.0 acre reserve area on the west side of the property. In addition, the
parties acknowledge that seller is seeking to complete a lot line
modification of SCTM# 1000-51-2-7 to create a 1.5 acre lot and a 2.0 acre
set-off in the southeast corner of SCTM# 1000-51-2-8. . The proposed
subdivision and lot line modification are shown on the survey dated
prepared by Peconic Surveyors, P.C., attached and made a part
hereof.
2. DEVELOPMENT RIGHTS DEFINED. "Development Rights" as the
term is used in this Agreement shall mean the right to prohibit or restrict
the use of the Property for anything other than open space as that term is
defined in §247 of the General Municipal Law and/or agricultural production
as that term is referenced in §247 of the New York General Municipal Law
and/or defined in Chapter 25 of the Town Code of the Town of Southold
(the "Town Code"). The Development Rights to be acquired by the
Purchaser and the rights of the Sellers are further defined and are set forth
2
in the Grant of Development Rights Easement attached hereto as Exhibit
"A" and made a part of this Agreement. The power and purpose of the
Purchaser is limited to acquiring the Development Rights in lands presently
used as open space and/or suitable for agricultural production, as
described in the attached Exhibit "A".
Purchaser reserves the right, upon obtaining a survey and inspecting
the Premises in relation thereto, to hold a public hearing on the acquisition
pursuant to §247 of the General Municipal Law. Such acquisition must be
approved by an affirmative vote of the Town Board and the adoption of an
appropriate resolution following a public hearing. If the Premises are not
entirely used or suitable for open space and/or agricultural production,
Purchaser may cancel this Agreement or, subject to Seller's further
agreement, accept that portion of the premises which is suitable for open
space and/or agricultural production, as herein defined, in which case the
price will be adjusted in proportion to the area deemed suitable using the
unit price as herein set forth. The Town of Southold Land Preservation
Committee shall also approve the area from which the development rights
will be acquired, such area to be shown on a survey obtained pursuant to
¶7.
3. PURCHASE PRICE. TheI agreed purch e price is6T,
�C1 U IPG ctln,ci rl Lvve ' V t!SQ ►ti(� 2// G
($62e,-W. @j DOLLARS for the 21.4 acres contemplated to be
40f ( tI000
3
tcencumbered under this Agreement, based upon a value of TVWEN�-P4+NE D
DOLLARS per acre, and subject to a final
survey of the premises (see ¶7 herein). Purchaser and Seller hereby agree
that if the final survey shows that the total acreage of the premises is
21.+6cre
different from the 2-�:4 cre figure used b Purchaser in,determi ing the tt
� l �� �v ahc� Y11� '�0US4.Kd k4
purchase price o AND
sl,�OQ3 ow
-11UNBREB ( ,400-, j DOLLARS, the final purchase price will be
7-�Al — saievi -"AC7uJC4a
adjusted at a rate of D ($29;9AA.A9 �000
DOLLARS per acre for each additional or subtracted acre or portion /f�G�
thereof.
The purchase price shall be payable by Town of Southold to the z
Seller at the Closing.
4. CLOSING DATE/LOCATION. The Grant of Development Rights
Easement is to be delivered on or about sixty (60) days of receipt of a title
policy and environmental audit, in a form and substance acceptable to
Purchaser, or the recording of the final subdivision map in the Office of the
Suffolk County Clerk, whichever occurs later, unless Seller waives the
subdivision contingency set forth herein. In the event the Seller waives the
subdivision contingency, the Closing shall be take place within twenty (20)
days of receipt by Purchaser's attorney of written notice of such waiver.
The Closing shall take place at the office of the Town Attorney, Town Hall,
53095 Main Road, Southold, N.Y. 11971, or such other location within
4
Suffolk County of Purchaser's choice, unless otherwise agreed in writing.
The delivery to and acceptance of the Grant of Development Rights
Easement by Purchaser, in form and substance acceptable to Purchaser,
and the disbursement of the purchase price to Seller, and the execution of
any other documents as may reasonably be required by Purchaser, Seller,
or the title company shall constitute the "Closing."
5. SUBDIVISION CONTINGENCY. This Agreement is
contingent upon Seller receiving approval to subdivide the subject SCTM#
1000-51-2-8 to create one 25.1 acre lot, consisting of 22.1 acres, and a
3.0 acre reserve area on the west side of the property and approval of a lot
line modification of SCl-M#1000-51-2-7 to create a 1.5 acre lot and a 2.0
acre set-off in the southeast corner of SCTM#1000-51-2-8.
Nothing herein shall be construed to be an approval of the
subdivision or lot line modification by the Planning Board of the Town of
Southold or a waiver of any provisions of the Town Code. Furthermore,
nothing herein shall be construed to be the Town's preference for a
particular layout or design. Consistent with paragraphs 1 and 7 herein, the
Property from which the Development Rights are to be acquired herein
shall be based upon the area and dimensions as shown on the approved
and filed subdivision map. Seller may waive this subdivision contingency
and seek to close this matter upon written notice to Purchaser. In such an
event, the area from which the Development Rights are to be acquired by
5
Purchaser shall be based upon the survey prepared in accordance with the
provisions of ¶7 herein.
6. NO FURTHER SUBDIVISION. Subject to the subdivision approval
contemplated in ¶5 above, the property may not be further subdivided
pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real
Property Law, as they may be amended, or any other applicable State or
local law. "Subdivision" shall include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part. Notwithstanding this provision, the underlying
fee interest may be divided by conveyance of parts thereof to heirs or next
of kin by will or operation of law, or with written consent of the Purchaser.
7. SURVEY. Purchaser and Seller will have the Property surveyed
by a licensed land surveyor to determine the actual acreage of the area
upon which the Development Rights are to be sold. The survey shall be
based upon the area and dimensions as shown on the subdivision map
prepared in accordance with 15 herein, unless Seller waives the subdivision
contingency. The survey of the Property shall be paid by the Purchaser, at
a cost not to exceed $5,000.00. The Seller shall be responsible for all other
costs related to the surveying and mapping of the premises for subdivision
purposes.
8. ENVIRONMENTAL INSPECTION. Purchaser may conduct an
environmental inspection of the Property. If the Town chooses to conduct
6
such an inspection, the Purchaser's obligations under this agreement are
subject to and conditioned on the receipt of a report verifying that there
are no hazardous substances on or in the premises, including structures, or
the presence of any other negative environmental conditions. The Seller
shall have the right to remedy any defects raised by an environmental
inspection, at his sole cost and expense, upon notice to the Town and
within a reasonable period of time. In this event, Seller shall provide proof
satisfactory to the Purchaser that such defects have been cured. If Seller
elects not to remedy the defect(s), the Purchaser may cancel this
Agreement and be reimbursed for the costs of title examination, survey
and environmental inspection, with no further liability between the parties,
or the Purchaser may proceed to closing.
9. FORM OF EASEMENT. The Grant of the Development Rights
Easement to be executed by Sellers and delivered to Purchaser at the
closing shall be in the form approved by the Town Attorney, or his
designated representative, and shall be in substantially the form which is
annexed hereto as Exhibit "A". The Grant of Development Rights
Easement shall be duly executed and acknowledged so as to convey to the
Purchaser the Development Rights of the Property, free of all liens and
encumbrances, except as herein stated, and shall be recorded in the Office
of the Suffolk County Clerk. Purchaser shall be responsible for the
7
recording fees in connection with the Grant of Development Rights
Easement.
If the Seller is a corporation, it will deliver to the Purchaser at the
time of the delivery of the Grant of Development Rights Easement
hereunder a resolution of its board of directors authorizing the sale and
delivery of the Grant of Development Rights Easement, and a certificate by
the secretary or assistant secretary of the corporation certifying such
resolution and setting forth facts showing that the conveyance is in
conformity with the requirements of §909 of the Business Corporation Law.
The Grant of Development Rights Easement in such case shall contain a
recital sufficient to establish compliance with said section.
10. INSURABLE TITLE. The Purchaser may make its determination
of whether the Property is free from all encumbrances, except as set forth
in ¶12, on the basis of its own examination of the title, or that of its
agents, or a title report of a member company of the New York Board of
Title Underwriters having offices in Suffolk County. The parties
acknowledge that the property is subject to the rights of others for pass
and repass. Purchaser may require the Seller to clear title exceptions
raised to the satisfaction of the Purchaser, and if any is involved, the title
company. In the event that the Seller is unable to convey the Grant of
Development Rights Easement free from all encumbrances in accordance
with the terms of this Agreement, Seller shall reimburse Purchaser for the
8
costs of the title examination, survey and environmental inspection, and
this Agreement shall be considered canceled with neither party having any
further obligation to the other.
11. ACCEPTABLE ENCUMBRANCES. The Seller shall convey and the
Purchaser shall accept the Grant of Development Rights Easement subject
to existing covenants and easements of record, any covenants or
easements required by the Suffolk County Department of Health Services
and the Southold Town Planning Board in connection with the subdivision
of the Property. In the event the property is to be conveyed subject to a
mortgage, Seller shall include and record with the Grant of Development
Rights Easement the written consent of the mortgagee. The Grant of
Development Rights Easement may also be conveyed subject to the
assessment of real property taxes, provided that at the time of Closing, all
real property taxes are paid in full for the current tax (lien) year with no
arrears. All other encumbrances, liens, assessments, charges, judgments,
estates, taxes and other limitations shall be satisfied on or prior to Closing.
12. USE OF MONEY TO CLEAR TITLE. If at the date of closing
there are any other liens or encumbrances which the Seller is obligated to
pay and discharge, the Seller may use any portion of the balance of the
purchase price to satisfy the same, provided the Seller shall simultaneously
either deliver to the Purchaser at the Closing instruments in recordable
form and sufficient to satisfy such liens and encumbrances of record
9
•
together with the cost of recording and filing said instruments. The Seller
also agrees to provide duly executed Internal Revenue Service Form W-9
and to sign such proper vouchers for the closing check(s) as may be
requested by the Town Fiscal Officer at least two (2) weeks prior to the
date fixed for closing. The Purchaser, if request is made within a
reasonable time prior to the date of closing title, agrees to provide at the
closing separate checks as requested, aggregating the amount of the
purchase price, to facilitate the satisfaction of any such liens and
encumbrances shall not be deemed objections to title if the Seller shall
comply with the foregoing requirements.
13. AFFIDAVITS AS TO JUDGMENTS. If a search of the title
discloses judgments, bankruptcies or other returns against other persons
having names the same or similar to that of the Seller, the Seller will, on
request, deliver to the Purchaser an affidavit showing such judgment,
bankruptcies or other returns are not against Seller, if such is the case.
14. OTHER DOCUMENTS AT CLOSING. Seller shall deliver at
Closing:
a) A certification stating that Seller is not a foreign person, which
certification shall be in the form then required by FIRPTA. If Seller fails to deliver
the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on
such certification, Purchaser shall deduct and withhold from the purchase price a
sum equal to 10% thereof (or any lesser amount permitted by law) and shall at
10
Closing remit the withheld amount with the required forms to the Internal
Revenue Service.
15. SELLER'S REPRESENTATIONS. Seller represents that:
a) the premises are agricultural lands formerly used for
agricultural production as defined herein;
b) at no time, to the Seller's knowledge, has the Property been
used for the generation, storage, or disposal of hazardous substances, or as a
landfill or other waste disposal site;
c) there are no hazardous substances or toxic wastes in or on the
Property that may affect the Property or any use thereof or that may support a
claim or cause of action under common law or under any federal, state or local
environmental statute, regulation, ordinance or any other environmental
regulatory requirement, nor has any action been instituted for enforcement of
same;
d) to the Seller's knowledge, there are currently no underground
storage tanks on the Property, and none were located on the property;
e) there are no actions, suits, claims or proceedings seeking
money damages, injunctive relief, remedial action or any other remedy pending
or threatened relating to a violation or non-compliance with any environmental
law, or the disposal, discharge or release or solid wastes, pollutants or hazardous
substances, or exposure to any chemical substances, noises or vibrations to the
11
extent the same arise from the condition of the premises or Seller's ownership or
use of the premises;
f) no consent or approval is needed from any governmental agency
for the transfer of the development rights from Seller to Purchaser, and neither
the execution of this agreement, nor the closing of title, will violate any
environmental law;
g) from the date of this Agreement to Closing, Seller will not
remove any soil from the property from which development rights will be sold.
16. INDEMNIFICATION. Seller will defend, indemnify, and hold
harmless the Purchaser against any and all damages, claims, losses, liabilities
and expenses, including, without limitation, responsibility for legal, consulting,
engineering fees and other costs and expenses which may arise out of 1) any
inaccuracy or misrepresentation in any representation or warranty made by
Seller in this agreement; 2) the breach or non-performance of any covenants
required by this agreement to be performed by the Seller, either prior to or
subsequent to the closing of title herein; or 3) any action, suit, claim, or
proceeding seeking money damages injunctive relief, remedial action, or other
remedy by reason of a violation or non-compliance with any environmental law,
or the disposal or release of solid wastes, pollutants or hazardous substances, or
exposure to any chemical substances, noises or vibrations to the extent they
arise from the ownership, operation, and/or condition of the premises prior to or
subsequent to the execution of the deed of development rights. This paragraph
12
shall survive closing.
17. PUBLIC DISCLOSURE STATEMENT. The Seller, simultaneously
with the execution and delivery of this Agreement, has also delivered the
required verified public disclosure statement for filing with the Town Fiscal
Officer. At the time of the closing, the Seller shall submit a sworn
statement that there have been no changes in interest since the date of
this Agreement. Any evidence of a conflict of interest or prohibited
contractual relationship shall require approval of the contract and sale by
the Supreme Court.
18. BROKER. The parties agree that no broker brought about this
sale.
19. ENTIRE AGREEMENT. It is understood and agreed that all
understandings and agreements had between the parties hereto are
merged in this contract, which, with the exhibits, fully and completely
expresses their agreement, and that the same is entered into after full
investigation, neither party relying upon any statement or representation,
not embodied in this contract, made by the other.
20. MODIFICATION. The Agreement may not be modified, changed
or terminated orally. This Agreement may be modified or changed only
with the prior written consent of both Seller and Purchaser in each instance
and any purported modification or change made without such consent shall
be void.
13
a.
21. BINDING EFFECT. This Agreement shall apply to and bind the heirs,
distributes, legal representatives, successors and permitted assigns of the
respective parties.
22. DEFAULTS AND REMEDIES. If Seller defaults hereunder,
Purchaser shall have such remedies as Purchaser shall be entitled to at law or in
equity, including, but not limited to, specific performance.
23. PURCHASER'S LIEN. All money paid on account of this contract, and
the reasonable expenses of examination of title to the Premises and of any
survey, survey inspection and environmental audit charges, are hereby made
liens on the Premises, but such liens shall not continue after default by Purchaser
under this contract.
24. NOTICES. Any notice or other communication ("Notice") shall be in
writing and either (a) sent by either of the parties hereto or by their respective
attorneys who are hereby authorized to do so on their behalf by certified mail,
postage prepaid, or (b) delivered in person or by overnight courier, with receipt
acknowledged, to the respective addresses given in this contract for the party to
whom the Notice is to be given, or to such other address as such party shall
hereafter designate by Notice given to the other party or parties pursuant to this
paragraph. Each Notice mailed shall be deemed given on the third business day
following the date of mailing the same, except that each Notice delivered in
person or by overnight courier shall be deemed given when delivered.
14
25. NO ASSIGNMENT. This Agreement may not be assigned by
Sellers or Purchaser without the prior written consent of parties in each
instance and any purported assignment(s) made without such consent shall
be void.
26. MISCELLANEOUS. If two or more persons constitute the
Seller, the word "Seller" shall be construed as if it read "Sellers" whenever
the sense of this Agreement so requires.
27. BARGAIN SALE. Seller will have the premises appraised by a
qualified appraiser whose appraisal of the Premises may indicate a fair
market value of the property in excess of the purchase price that Purchaser
is paying for the Premises. Seller's obligations under this Agreement are
subject to receipt of such an appraisal. Seller is solely responsible for
obtaining said appraisal, and the Purchaser makes no representations as to
the fair market value of the Premises. If the above referenced appraisal
indicates a higher fair market value for the Premises than the purchase
price set forth in this contract, Seller intends to make a charitable
contribution to Purchaser of the difference between the fair market value
indicated in the above referenced appraisal and the purchase price paid by
Purchaser, pursuant to Section 1011(b) of the Internal Revenue Code.
28. SOUTHOLD TOWN BOARD APPROVAL. Execution of this
Agreement by Purchaser and the Closing contemplated herein are subject
to approval by the Town Board of the Town of Southold in the form of a
15
resolution and authorizing the acquisition and further recognizing this
Sale/Purchase as a Bargain Sale, following a public hearing as required by
applicable law.
IN WITNESS WHEREOF, this Agreement has been duly executed by
the parties hereto on the day and year first above written.
27141) J C TVJN /- — ✓�
Edward C. Booth, Seller Patricia S. Booth, Seller
jj c .
„ I st E �1
Edward C. Booth,Jr., Sel Michael S. Booth, Seller
Mar o . Booth, Seller Katherine B. Cohen, Seller
TOWN OF SOUT/H�OLD
r BY: 4—
OS UA HORTON, SUPERVISOR
C:/Anne(Town of Southold Master Documents/Booth Final 6904 Farmland Purchase of Development
Rights
16
SCHEDULE A
17
Submission Without a Cover Letter
Sender: C t�
Subject:
SCTM#: 1000 IF
Date: S/f A/0 5-
Comments: !�
3 t5 c-D 1
' NCaILING.%DDRESS:
• = •
PLANNING BOARD MEMBERS „} �OF souryo F P.O. Box 1179
JEWLYN B. WOODHOUSE 1�Q l0'rr Southold, N-Y 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS H Town Hall Annex
KENNETH L. EDWARDS �c � � �Q 54:375 State Route 25
NLIRTIN H. SIDOR (cor. Main Rd. & Youngs Ave.)
GEORGE D. SOLOMON
�Ct7U��tiCp,t� Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
May 10, 2005
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Lot Line Change & Cluster Conservation Subdivision of Edward Booth
Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 Zoning District: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, May 9, 2005,
adopted the following resolution:
The public hearing was closed.
WHEREAS, this proposal, which includes the merger of SCTM#1000-51-2-7 with
SCTM#1000-51-2-8, is for a cluster conservation subdivision to subdivide a 28.36-acre
parcel into three lots where Lot 2 equals 1.5 acres; Lot 3 equals 2 acres; and Lot 1
equals 24.8647 acres upon which the Development Rights on 21.8647 acres are
proposed to be sold to the Town of Southold; and
WHEREAS, the Southold Town Planning Board granted conditional sketch plan
approval on October 14, 2003 on the plat dated June 20, 2003; and
WHEREAS, the Southold Town Planning Board granted an extension of time for sketch
approval from October 14, 2004 until October 14, 2005; and
WHEREAS, the Health Department approved the subdivision on April 8, 2005; be it
therefore
RESOLVED, that the Southold Town Planning Board grants conditional final approval
upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003 and last revised
on March 30, 2005, subject to the following conditions:
Booth — Page Two — 5/10/05
1 . Submission of Declaration of Covenants and Restrictions limiting access to
the 3-acre building area on Lot 1 to the existing 20'-wide right-of-way and
limiting access to Lots 2 and 3 from Mt. Beulah Avenue.
,/2. Payment of the Park and Playground Fee in the amount of $3,500.
3. Submission of 5 mylar and 8 paper plats with Suffolk County Department of
Health approval stamp; and be it further
RESOLVED, that the Planning Board cannot issue final approval until an executed
Contract of Sale for Development Rights has been submitted to this office.
Upon submission of the aforementioned items, the Planning Board will issue final
approval and authorize the Chairperson to endorse the maps.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Jerilyn B. Woodhouse
Chairperson
cc: Melissa Spiro, Land Preservation Coordinator
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AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
L � "Aq/- <X-1"I t, I c;,lY 1 0 f F,�wk-4E 1�/w1 j
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 1`\A C- 2
� T
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
i
Your Name (print)
Signature
Z i 1A3S4)h:O coati .i j��a_�vt1 � ►� ) y� �l I I y68
Address T—
May S, aor7 5
Date n
No ry Public
Julie T Wesnofske
Notary Public State of New York
No. 01 WE5064466
Ounlified in Suffolk County
Commission Expires 8/19/200(0
PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS &
GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 5/6/05
Re: Proposed Conservation Subdivision of Edward Booth
SCTM#s: 1000-51-2-7 & 8
Date of Hearing: Monday, May 9, 2005, 6:10 p.m.
�g
17�
Jerilyn Woodhouse, Chair
Southold Town Planning Board
P.O. Box 1179
Southold,N.Y. 11971
Mav 5, 2005
Dear Ms Woodhouse:
Re: SCTM41000-51-2-7&8 (owner Edward C Booth Jr. et al)
We applaud Mr. Booth's efforts to preserve his property in such a friendly and open
manner. The location of the proposed parcels should be entirely up to him as the
contemplated plan adds to the beauty and value of the entire piece. We suspect that he is
making a significant financial contribution to the preservation of open land in the Town
of Southold . He shovdd be commended. We have no reservations with regard to his plan.
Sincerely yours,
Gayle Kaplan
Z.Micah Kaplan,M.D.
17815 Soundview Ave
Southold,N.Y.
� :v
SVX5 "
PO
17975 Soundview Ave.
Southold, NY 11971
May 7, 2005
._irrriiyn Woodhouse, Chair
F!ammng Board of the Town of Southold
Town Hall
Southold, NY 1 1971
P..E: Booth Conservation Subdivision
UM #1000-51 -2-7&8
hear i 1r5 Woodhouse:
roc meowners adjacent to the above property we declare our
:support for the conservation subdivision as planned. We need to
preserve our open land. The Booth property is a beautiful parcel
and presents a great opportunity.
In our view anvone who may oppose this subdivision might think
arIain and consider that the alternative may end up being an area
for multiple housing on the same acreage.
`Vwe encourage the planning board's support of this conservation
Subdivisionieru
1:arc-lyr( Fisher David Fisher
I'
MAILING ADDRESS:
PLANNING BOARD MEMBERS „yti1 So P.O. Box 1179
V
JERILSN B.WOODHOUSE ,14�O ��� Southold, NY 11971
Chair T n
OFFICE LOCATION:
WILLIAM J.CREMERS rn ac Town Hall Annex
KENNETH L. EDWARDS SIDORa�O 54375 State Route 25
GEC RGE D SOLOMON Oly�'oU'�y NG. �'}� icor. MainSouth d Youngs Ave.)
���I111r��14��,✓_{�` Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
FACSIMILE
To: Marian Sumner, Director of Conservation Programs
From: Anthony Trezza, Senior Planner
Re: Edward Booth Cluster Conservation Subdivision
1000-51-2- 7 & 8
Date: April 27, 2005
As you know, the final public hearing for the above-reference subdivision application is being
held on May 9, 2005. The following items are required in order to obtain final approval from the
Planning Board:
1. A Covenant and Restriction limiting access to the 3-acre building area on Lot 1 to the
existing 20'-wide right-of-way.
2. A Covenant and Restriction limiting access to Lots 2 and 3 from Mt. Beulah Avenue.
3. Payment of the Park and Playground Fee in the amount of$7,000.
If the Planning Board does not receive the requested information by May 5, 2005, the applicant will
receive conditional final approval on May 9' . Should you have any questions please feel free to
contact the undersigned.
Cc: Melissa Spiro, Land Preservation Coordinator
• MAILING ADDRESS:
PLANNING BOARD MEMBERS s0(/Ty P.O. Box 1179
JERILYN B. WOODHOUSE �w ��0� Southold, NY 11971
Chair '!N
OFFICE LOCATION:
WILLUNI J. CREMERS H Town Hall Annex
KENNETH L. EDWARDS N H. SIDORamp- 54375 State Route 25
GEORGE (cor. M D SOLOMO N ycoulm, Southold,Youngs Ave.)
hold, NY
Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 27, 2005
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Cluster Conservation Subdivision of Edward Booth
Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 Zone: A-C
Dear Ms. Sumner:
The final public hearing regarding the maps for the above-referenced conservation
subdivision has been scheduled for Monday, May 9, 2005, at 6:10 p.m. at the Southold
Town Hall.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to
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 (2nd Floor, North Fork Bank). 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, May 6, 2005. The sign needs to be returned to
the Planning Board Office after the public hearing.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Jerilyn B. Woodhouse
Chairperson
encl.
4
Southold Town Planning Board
Notice to Adjacent Property Owners
You are hereby given notice:
1 . That the undersigned has applied to the Planning Board of the Town of
Southold for a conservation subdivision;
2. That the property which is the subject of the application is located adjacent to
your property and is described as follows: SCTM#1000-51-2-7 & 8;
3. That the property which is the subject of this application is located in the A-C
Zoning District;
4. That the application is for a cluster conservation subdivision which includes the
merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8. The proposal is to
subdivide the 28.36-acre parcel into three lots where Lot 1 equals 24.8647 acres,
including a 3-acre building lot and a Development Rights Sale of 21 .8647 acres
to the Town of Southold; Lot 2 equals 1.5 acres; and Lot 3 equals 2 acres. The
property is located n/o CR 48, w/o Mt. Beulah Avenue and s/o Sound Avenue, in
Southold;
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. (2ntl Fl., North
Fork Bank) Or, if you have any questions, you can call the Planning Board Office
at (631)765-1938;
6. That a public hearing will be held on the matter by the Planning Board on
Monday, May 9, 2005 at 6:10 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 Traveler/Watchman, 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: Edward C. Booth Jr. et al
Date: 4/27/05
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., 5/6/05
Re: Proposed Conservation Subdivision of Edward Booth
SCTM#s: 1000-51-2-7 & 8
Date of Hearing: Monday, May 9, 2005, 6:10 p.m.
§ 58-1 NOTICE OF PUBLIC HEARING § 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
§58-1. Providing notice of public hearings.
[HISTORY. Adopted by the Town Board of the Town of
Southold 12.27-1995 as L.L. No. 25.1995. Amendments
noted where applicable.]
§58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A. By causing 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. By requiring the applicant 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 abuts, giving notice
of the application, 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 ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (7) days
immediately preceding the date of the public hearing.
The applicant or his/her agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant 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
5801 1 -25-95
§ 58-1 SOUTHOLD CODE § 58-1
from the property included in the application. Such
notice shall be made by certified mail, return receipt
requested, posted at least seven (7) days prior to the date
of the initial public hearing on the application and
addressed to the owners at the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that s/he has complied with this
provision.
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• • MAILING ADDRESS:
PLANNING BOARD MEMBERS ��OF SOUjyO Southold.Box
1 1 9
JERILYN B.WOODHOUSE ,�O l0
971
Chair
OFFICE LOCATION:
WILLLAM J. CREMERS rA ac Town Hall Annex
KENNETH L. EDW ARDS 543 i 5 State Route 25
MARTIN H. SIDOR Oly 'Ma (cor. Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON C01701 Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING FBOARD�OFFICE
VaL G�{e
TOLU LD
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article
XXV 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 9th
day of May, 2005 on the question of the following:
6:00 p.m. Proposed cluster standard subdivision Oregon Landing I located No Oregon
Road, 625 feet w/o Bridge Lane, in Cutchogue, Town of Southold, County of Suffolk,
State of New York. Suffolk County Tax Map Number 1000-83-2-9.1
6:05 p.m. Proposed amended site plan for Cutchogue Business Center located on the
s/w/s/o the intersection of Oregon Road and Cox Lane in Cutchogue, Town of
Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-
83-3-4.6
6:10 p.m. Proposed cluster conservation subdivision for Edward Booth located n/o CR
48, w/o Mt. Beulah Avenue and s/o Sound Avenue, in Southold, Town of Southold,
County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-51-2-7 & 8
Dated: 4/26/05
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Jerilyn B. Woodhouse
Chairperson
PLEASE PRINT ONCE ON THURSDAY, APRIL 28, 2005 AND FORWARD ONE (1)
AFFIDAVIT TO THIS OFFICE. THANK YOU.
COPY SENT TO: The Traveler/Watchman
• is
Page j of l
Randolph, Linda
From: Dina Kontokosta [dkontokosta@travelerwatchman.comj
Sent: Tuesday, April 26, 2005 9:16 AM
To: Randolph, Linda
Subject: Re: Legal Ad
We received it and it will run in the May 28 issue. Thanks.
----- Original Message ----
From: Randolph, Linda
To: editorial@travelerwatchman.com
Sent: Tuesday, April 26, 2005 9:07 AM
Subject: Legal Ad
Please print the attached ad in the April 28 edition and send confirmation of receipt as soon as possible.
Thank you.
Linda Randolph
4 'o t)-5
0 0 MAILING ADDRESS:
PLANNING BOARD MEMBERS �OF SO�Tyo P.O. Box 1179
JERILYN B. WOODHOUSE �Q ��^ Southold, NY 11971
Chair y_
# OFFICE LOCATION:
XQLLL4M J. CREMERS w Town Hall Annex
KENNETH L. EDWARDS i0 , 54375 State Route '25
NL4RTIN H.SIDOR � �rtV j1} (cor. Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON CQU �ti Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
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
XXV 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 9th
day of May, 2005 on the question of the following:
6:00 p.m. Proposed cluster standard subdivision Oregon Landing I located n/o Oregon
Road, 625 feet w/o Bridge Lane, in Cutchogue, Town of Southold, County of Suffolk,
State of New York. Suffolk County Tax Map Number 1000-83-2-9.1
6:05 p.m. Proposed amended site plan for Cutchogue Business Center located on the
s/w/s/o the intersection of Oregon Road and Cox Lane in Cutchogue, Town of
Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-
83-3-4.6
6:10 p.m. Proposed cluster conservation subdivision for Edward Booth located n/o CR
48, w/o Mt. Beulah Avenue and s/o Sound Avenue, in Southold, Town of Southold,
County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-51-2-7 & 8
Dated: 4/26/05
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Jerilyn B. Woodhouse
Chairperson
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New
York being duly sworn, says that on the 26th day of April, 2005 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 Hall, 53095 Main Road, Southold, New York
5/9/05 Regular Meeting:
6:00 p.m. Public Hearing for the proposed cluster standard subdivision for Oregon
Landing I SCTM#1000-83-2-9.1
6:05 p.m. Public Hearing for the proposed amended site plan for Cutchogue Business
Center SCTM#1000-83-2-9.1
6:10 p.m. Public Hearing for the proposed cluster conservation subdivision for Edward
Booth SCTM#1000-51-2-7 & 8
Linda kandolph
Secretary, Southold Town Planning Board
Sworn to before me this
o(►w' day of (� U 2005.
Notary Public
9ARBARA ANN RUDDER
,lotary Public,State of New York
No.4855B05
Qualified in Suffolk County
';nmmission Expires April 14.�9d
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Nancy M. Mclaughlin, being duly
sworn, says that she is the Legal
Advertising Coordinator, of the Traveler
it atchnian, a public newspaper printed
at Southold, in Suffolk County; and that
the notice of which the annexed is a
printed copy, has been published in said
Traveler Matchman once each week
for...../.....week(s) successively,
commencing on the.....-A........day of
..... Z r�
..........., 200-
LEGAL NOTICE Sworn to before me this.........day of
Notice of Public Hearing .......•.•••••.........1 2005.
NOTICE IS HEREBY GIVEN
that, pursuant to Section 276 of
the Town Law and Article XXV /
of the Code of the Town of �`:�- ........ .....!(Z......
Southold. a public hearing will Notary Public
be held by the Southold Town
Planning Board, at the Town
Hall, Main Road, Southold,
New York on the 9th day of Emily Hamill
May,2005 on the question of the NOTARI PUBLIC,state of Ne..York
following: No.01 HA5059984
6:00 p.m. Proposed cluster Qualified in Suffolk Count}
standard subdivision Oregon Commission expires May 06,2006
Landing I located n/o Oregon
Road,625 feet w/o Bridge Lane,
in Cutchogue, Town of
Southold, County of Suffolk,
State of New York. Suffolk
County Tax Map Number 1000-
83-2-9.1
6:05 P.M. Proposed amended
site plan for Cutchogue Business
Center located on the s/w/s!o the
intersection of Oregon Road and
Cox Lane in Cutchogue, Town
of Southold, County of Suffolk,
State of New York. Suffolk
County Tax Map Number 1000-
83-3-4.6
6:10 p.m. Proposed cluster
conservation subdivision for
Edward Booth located nio CR
48, w/o Mt. Beulah.Avenue and
s/o Sound Avenue, in Southold,
Town of Southold. County of
Suffolk. State of New York.
Suffolk County Tax Map
Number 1000-51-2-7 & 8
Dated: 4/26105
BY ORDER OF THE
SOUTHOLD TOWN PLAN-
NING BOARD
Jerilvn B. Woodhouse
Chairperson
IX 428/05 (744)
0
Submission Without a Cover Letter Iv��
Sender: I C
Subject: 1�? 1
SCTNf#: 1000 - I ��
i
Date: lam( 2
Comments:
�. lr
Ae r ;
• �gUFF811r MAILING ADDRESS:
COP
PLANNING BOARD MEMBERS, P.O. Box 1179
JERILYN B.WOODHOUSE Southold, NY 11971
Chair y Z
OFFICE LOCATION:
` Town Hall Annex
WILLIAM J.CREMERS y-q0 .a0� 54375 State Route 25
KENNETH L. EDWARDS '� �' (cor. Main Rd. &Youngs Ave.)
MARTIN H.SIDOR Southold, NY
GEORGE D. SOLOMON
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 15, 2005
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Subdivision and Lot Line Change of Edward Booth
Located n1r) CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 Zoning District: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, February 14, 2005,
adopted the following resolutions:
WHEREAS, this proposal will set off a 2-acre lot (Lot 3) from a 28.36-acre parcel which
includes a 2-acre building envelope (Lot 1); and
WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of
Lot 1; and
WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft.
from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning
District resulting in a 1.5 acre lot (Lot 2); and
WHEREAS, on October 14, 2003, the Planning Board granted conditional sketch plan
approval on the plat, dated June 20, 2003; and
WHEREAS, the applicant has requested a retro-active extension of conditional sketch
plan approval from October 14, 2003 to October 14, 2005; and
WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law
Nzn 10 7(1n 1 'A I ' rrl ' 9l'J In rel,9 lon to a revs, Oh9hf— Al Or Of. I o-rl rf
the Code of the Town of Southold"; therefore, be it
Booth — Page Two — 2/15/05
RESOLVED, that the Planning Board grants an extension of conditional sketch plan
approval from October 14, 2003 to October 14, 2005; and be it further
RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this
application as a Conservation Subdivision; and be it further
RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per
vacant residential lot, therefore, the amount due is $7,000.00.
Please contact this office if you have any questions regarding the above.
Very truly yours,
�erilyn B. Woodhouse
Chairperson
cc: Patricia Finnegan, Town Attorney
Kieran Corcoran, Assistant Town Attorney
Melissa Spiro, Land Preservation Coordinator
PLANNING BOARD MEMBERS ���OSUFFO(� �oG • N PO..
Boox 1179 S:
JERILYN B.WOODHOUSE C �� Southold, NY 11971
Chair y M
'R OFFICE LOCATION:
RICHARD CAGGIANO � • �'F Town Hall Annex
WILLIAM J. CREMERS 54375 State Route 25
KENNETH L. EDWARDS �'� �a (cor. Main Rd. &Youngs Ave.)
MARTIN H. SIDOR Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
January 3, 2005 PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
RE: Proposed Set-Off and Lot Line Change of Edward Booth
Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, is requesting the following edits to the map dated as last
revised October 29, 2004:
Please show SCTM# 1000-51-2-7 upon the map with a dashed (d,narking a lot line
change) property boundary. Include the notation "This area to br! merged with
SCTM# 1000-51-2-8".
Please omit the phrase "open space" upon lot 1 and insert the phrase "Development
Rights to be sold to the Town of Southold".
As previously requested the Planning Board requests that the proposed driveway
access to Lot 2 and Lot 3 be from Mt. Beulah Avenue. Please indicate proposed
building envelopes and driveway locations upon the map.
Please provide a covenant and restriction limiting access to the 3 acre building
envelope to the existing 20' right-of-way over the western property boundary.
Please re-title map to read " Final Plat -Cluster Conservation Subdivision for Edward
Booth".
If you any questions, please do not hesitate to contact me at 765-1938.
Sincerely,
Mark Terry
Senior Environmental Planner
cc: Melissa Spiro, Land Preservation Coordinator
NlessaLle • . Page 1 of 1
Terry, Mark
From: Spiro, Melissa
Sent: Tuesday, December 21, 2004 8:53 AM
To: Terry, Mark; Trezza, Anthony
Cc: Doroski, Melanie
Subject: FW: booth
A second look at the map....
I noticed that he still hasn't put the small lot involved in the lot line change back on the map.....
This doesn't mean anything for me (so I'm not going to do anything about it) but I think that it does have meaning
for you....
-----Original Message-----
From: Spiro, Melissa
Sent: Tuesday, December 21, 2004 8:49 AM
To: Terry, Mark; Trezza, Anthony
Cc: Doroski, Melanie
Subject: booth
Hi,
we received revised Booth maps yesterday.
Just making sure that some went to you also.
We had asked for minor"word" related revisions (like changing open space to dev rights, adding the certification,
etc.)
Also, please remember to make sure that your subdivision approval notes that the access to the 3 acre building
envelope is via the existing right-of-way (the one with 10' on Booth property and 10' on adjacent property)
Melissa 1
13.22iO4
Nlessaae • • Page 1 of 1
Terry, Mark
From: Spiro, Melissa
Sent: Tuesday, December 21, 2004 8:49 AM
To: Terry, Mark, Trezza, Anthony
Cc: Doroski, Melanie
Subject: booth
Hi,
we received revised Booth maps yesterday.
Just making sure that some went to you also.
We had asked for minor"word" related revisions (like changing open space to dev rights, adding the certification,
etc.)
Also, please remember to make sure that your subdivision approval notes that the access to the 3 acre building
envelope is via the existing right-of-way (the one with 10' on Booth property and 10' on adjacent property)
Melissa
12"?%04
S FO(tC0 OFFICE LOCATION: 1
MELISSA A.SPIRO �N� Town Hall Annex
LAND PRESERVATION COORDINATOR 54375 State Route 25
melissaspiro��townsouthold.m.uc cm (corner of Alain Road& Yotmgs Avenue)
Z Southold, Netc York
Telephone i 631 t 765-5711 9 • .tC f
Facsimile(631)765-6640 'y �! r
'IJ � {� MAILING ADDRESS:
Y} P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
November 5, 2004
John T. Metzger, L.L.S.
Peconic Surveyors, P.C.
1230 Traveler Street
P.O. Box 909
Southold, NY 11971
Re: BOOTH,et at. to TOWN OF SOUTHOLD `S
Development Rights Easement—21.8647 acres
SCTM #1000-51-2-7& 8
Your file no. 03-172
Dear Mr. Metzger:
The Booth family is pacicipating in our Land Preservation Program by offering a
development rights easement o,the Town of Southold on part of their property referenced above.
I have reviewed your map of a lot line modification and set off submitted to the Town's
Planning Department. In addition to any modifications the Planning Board may require, please make
the following addition revision to your survey that is essential for preservation purposes:
• Add "Town of Southold" and "Land America Commonwealth" to certification
• Change language on Lot 1 to read"21.8647 acres—area of proposed convevance of a
development rights easement offered to the Town of Southold"
Kindly send six(6)copies of a revised survey to me upon its completion. Any additional fee
for your services pertaining to the development rights easement purchase can be submitted directly to
the Town of Southold Land Preservation Department.
Very truly yours,
Melissa Spiro '
and
cc: Planning Department
Submission Without a Cover Letter
Sender: SQA-vy, v t�
Subject: r C
SCTaz#: 1000 -
Date:
Conuuents:
Y � D
Southold Town
Plannin BoarA
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine. in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of
a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge
in one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process
has been orderly, comprehensive in nature, yet Flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists
a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance
as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The
form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is
actually important.
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: r7V Part 1 ❑Part 2 Dart 3
Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and
considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that:
FA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a
significant impact on the environment, therefore a negative declaration will be prepared.
B. Although the project could have a significant effect on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore
a CONDITIONED negative declaration will be prepared..
C. The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefore a positive declaration will be prepared.
'A Conditioned Negative Declaration is only valid for Unlisted Actions
Set-off and Lot Line Change for Edward Booth
Name of Action
Town of Southold Planning Board
Name of Lead Agency
Bennett Orlowski Chairman
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
A r DDD Ce "-��
ure of Re ponsible Officer in Lead Agency Si,natur�er(If ddfeTB from onsib officer)
website Date
Page 1 of 21
Submission lVithout a Corer Letter
Sender: ��L� L'C2�� �t"✓Y+ ;.t: {f
Subject:
SCTtfI#: 1000-
Date.: EGA:IC'�
Comments: RV (i-s TtIE-
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TC E o W E
OCT D
Southold town
Phnnwg Poard
PLANNING BOARD MEMBERS FFO(,�c\94t�
BENNETT ORLOtVSKI,JR. ,�� P.O. Box 1179
Chairman C � Town Hall, 53095 State Route 25
y Southold, New York 11971-0959
RICIL4RD J.
CRENIER �y T Telephone (631) 765-1938
1VILLL�I J. CREhfER3 O
KENNETH L. EDWARD3 'j' � Fax (631) 765-3136
70l
hL4RTIN H. SIDOR �a
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 15, 2003
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
RE: Proposed Set-Off and Lot Line Change of Edward Booth
Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003,
adopted the following resolutions:
WHEREAS, this proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which
includes a 2 acre building envelope (Lot 1); and
WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of
Lot 1; and
WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft.
from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning
District resulting in a 1.5 acre lot (Lot 2); therefore be it
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, performed a coordinated review of this Unlisted
Action. The Planning Board establishes itself as lead agency, and as lead agency,
makes a determination of non-significance and grants a Negative Declaration; be it
further
RESOLVED, that the Southold Town Planning Board grant conditional sketch plan
approval on the plat, dated June 20, 2003, subject to the following conditions:
Booth — Pape Two — 10/15/03
1. The tax map is incorrect; please correct the tax map on the plat to read 1000-51-
2-7 and 1000-51-2-8.
2. The Planning Board requests that the proposed driveway access to Lot 2 and Lot
3 be from Mt. Beulah Avenue. Please indicate proposed building envelopes and
driveway locations upon the plat.
Sketch plan approval is conditional upon the submission of the final plat within six
months of the date of sketch plan approval, unless an extension of time is requested by
the applicant, and granted by the Planning Board. The final plats, five (5) paper prints
and three (3) mylars, must contain a current stamp of Health Department approval and
must be submitted before a final public hearing will be set.
The Planning Board has reviewed the property and has decided that it is inadequate for
a reservation of land for park and playground use. Therefore, a cash payment in lieu of
land reservation will be required. The amount to be deposited with the Town Board shall
be $5,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the
final endorsement of the plat.
Once we are in receipt of the above-requested information, the application will be
scheduled for an upcoming Work Session.
Very truly yours, n
Bennett Orlowski, Jr.
Chairman
encl.
cc: Melissa Spiro, Land Preservation Coordinator
PLANNING BOARD MEMBERS o��gUFFD(�c
BENNETT ORLOWSKI,JR. ,t, �G P.O. Box 1179
Chairman o y Town Hall, 53095 State Route 25
COD
Southold, New York 11971-0959
RICHARD CaGGL4N0 W Telephone (631) 765-L938
R ILLIAM J. CREMERS O JJJ
KENNETH L. EDWARDS A Fax 1631) 765-3136
DL-kRTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
October 14, 2003
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 7 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Proposed set-off and lot line for Edward Booth
SCTM#: SCTM#s 1000-51-2-7 & 8 Zoning District: A-C
Location: Located n/o CR 27, w/o Mt. Beulah Ave. and s/o Sound View Ave.,
in Southold
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
This proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which includes a 2
acre building envelope (Lot 1). The applicant proposes to sell Development Rights
upon 22.8647 acres of Lot 1. This proposal also includes a lot line change that will
transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in
the R-80 Zoning District resulting in a 1.5 acre lot (Lot 2).
�3 �1
SEQR Negative Declaration - Page Two
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed. No significant
impacts have been identified through the coordination process.
The determination was based upon the following:
No substantial adverse change in existing air quality, ground
or surface water quality or quantity, traffic or noise levels will
occur; nor will there be a substantial increase in solid waste
production; a substantial increase in potential for erosion,
flooding, leaching or drainage problems as a result of this
action.
No significant removal or destruction of large quantities of
vegetation or fauna; substantial interference with the
movement of any resident or migratory fish or wildlife
species; impacts on a significant habitat area; substantial
adverse impacts on known threatened or endangered
species of animal or plant, or the habitat of such a species;
or other significant adverse impacts to natural resources will
occur.
The proposed action is not adjacent to a Critical
Environmental Area as designated pursuant to subdivision
617.14(g).
The proposed action is not in a material conflict with a
community's current plans or goals as officially approved or
adopted.
The proposed action will not impair the character or quality
of important known historical, archaeological, architectural,
or aesthetic resources or of existing community or
neighborhood character.
No major change in the use of either the quantity or type of
energy will occur.
No creation of a hazard to human health will occur.
The proposed action will not cause a substantial change in
the use, or intensity of use, of land including agricultural,
open space or recreational resources, or in its capacity to
support existing uses.
Based upon such, no significant adverse impacts to the environment are expected to
occur should the project be implemented as planned.
SEQR Negative Declaration - Page Three
For Further Information:
Contact Person: Mark Terry, Senior Environmental Planner
Address: Planning Board
Telephone Number: (631) 765-1938
Enc.
cc: Sherry Aicher, DEC Stony Brook
Walter Hilbert, Suffolk County Dept. of Health
John Milazzo Esq., Suffolk County Water Authority
Suffolk County Planning Commission
Elizabeth Neville, Town Clerk
Applicant
• �1RUST 2o,h i
s
A
M
h8
x. E,dP
C BUR HER�ZP'G
October 7SOuthold
2Q03Dennis Reimer, Assistant ManagerSuffolk County Water Authority w624 Old Riverhead Road o
Westhampton Beach, NY 11979
Re: Booth SCTM#'s: 1000-51-2-7 & 8; 1000-50-2-15
Dear Mr. Reimer.
Per your request, enclosed please supplements to the Short Form Environmental
Assessment Form for the above-referenced conservation projects. As you know, applications for
set-offs and a lot line modification have been submitted to the Town of Southold and the Suffolk
County Department of Health Services. The Booth's have proposed conservation plans for the
properties as follows:
SCTM#: 1000-50-2-15
A 2-acre set-off is proposed from the 8-acre parcel. The Booth's are donating a conservation
easement to Peconic Land Trust to ensure that no further subdivision will be undertaken on this
as well as their adjacent 5-acre parcel.
SCTM#: 1000-51-2-7 & 8
The Booths are selling the development rights to Southold Town on approximately 22 acres of
the property. A 3-acre development area will be retained on the large lot and a 2-acre tot will be
set-off. A lot line modification will move existing SCTM#: 1000-51-2-7 off of Soundview
Avenue to Mt. Beulah Avenue.
Per discussions with staff, we are anticipating approval of a negative declaration at the
October 14`h Southold Planning Board meeting. Please contact me as soon as possible at 283-
3195 ext. 26 with any questions. Thank you for expediting this conservation-related request.
Sincerely,
I
Marian P. Sumner
Director of Conservation Programs
Enclosures
cc: John Milazzo
Mark Terry, Southold Town Senior Planner
196 Hampton Road I PO Box 1776 1 Southampton,NY 11969 1 631 283-319S NK 631-283 0235 I www.pewm.Iandtrustorg
I. Cover Sheet
A. Document: Supplement to Short Form Environmental Assessment Form
B. Project: Booth Set-off and Lot Line Modification
C. Location: Sound View Avenue, Mt. Beulah Avenue
Southold, NY
SCTM#: 1000-51-2-7 & 8
D. Lead Agency: Southold Town Planning Board
PO Box 1179
Southold, NY 11971-1938
attu: Valerie Scopaz
631-765-1938
E. Preparer: Peconic Land Trust, as agent for Edward Booth, et.al.
PO Box 1776
Southampton, NY 11969
attn: Marian Sumner
631-283-3195 ext. 26
F. EAF acceptance: Negative Declaration is expected at October 14, 2003 Planning
Board meeting
II. Table of Contents and Summary
A. Brief Description of Action
This report is being prepared at the request of Suffolk County Water Authority and
the Town of Southold's Planning Department as a result of the request for public
water to three house lots that will have the potential to be developed as part of the
proposed project.
The Booth's are selling the development rights on 21.8 acres of the 28.36 acre
property (SCTM#: 1000-51-2-8 ). As shown on the map, a 3-acre building envelop
will be retained on Lot 1 (24.86 acres total). A 2-acre lot will be set-off from the
original parcel (Lot 3). With regard to the lot line modification (SCTM#: 1000-51-
2-7), the plan calls for moving the approximately 0.5 acre parcel to the 1.5 acre lot
identified as Lot 2 on the map.
B. Significant, beneficial and adverse impacts
The beneficial impact of the project is the retention of approximately 22 acres of
farmland that will be protected through the sale of development rights. As far as any
adverse impacts, the creation of one new lot would only slightly increase
traffic generation.
C. Mitigation measures proposed
Due to the location of the site and consideration of area roadways, an increase in trip
generation at the site would not be expected to have a significant impact on the area
roadways. As the roadways allow good sight distance, no significant impact with
regard to traffic generation is expected.
D. Alternatives Considered
An alternative to the current conservation plan would be increased density, possibly
full-yield development(approximatelyl3 lots).
E. Matters to be decided (permits, approvals, funding)
The proposed set-off requires Planning Board approval, as well as Suffolk County
Department of Health Services approval.
III. Description of the Proposed Action
A. Project purpose need and benefits
•
1. Background
These lands have been in the Booth family for several generations. The family
has accepted the Town's offer to purchase development rights on 22.8 acres of
this scenic property. Peconic Land Trust has been actively working the owner to
develop the current conservation plan. The Booth's are selling the development
rights on 21.8 acres of the 28.36 acre property(SCTM#: 1000-51-2-8). As shown
on the map, a 2-acre building envelop will be retained on Lot 1 (24.86 acres total).
A 2-acre lot will be set-off from the original parcel (Lot 3). The plan calls for
moving the approximately 0.5 acre parcel (SCTM#: 1000-51-2-7) to the 1.5 acre
lot identified as Lot 2 on the map.
2. Public need for the project, and municipal objectives based on adopted
community development plans
By protecting the majority of the land through the sale of development rights, the
proposed project meets the objectives of the Town's Community Preservation
Plan.
3. Objectives of the project sponsor
Through the proposed plan, the Booth family is meeting conservation goals and
estate planning concerns.
4. Benefits of the proposed action
The proposed project protects scenic land and will help to maintain the Town's
rural character.
B. Location
1. The project site abuts North Road, Sound View Avenue and Mt. Beulah
Avenue in Southold. The subject property can be more particularly described as
SCTM #: 1000-51-1-7 and 8. The majority of the site is considered meadowland.
The site does not contain any vegetated freshwater or tidal wetland. The site does
not contain any known historically and ecologically significant resources.
2. Description of access to the site
The property contains 611 feet of road frontage along North Road, 1019 feet of
road frontage along Sound View Avenue and 1,788 feet of road frontage along
Mt. Beulah Avenue.
3. Description of zoning
The subject site is zoned R-80 Residential, which requires a minimum lot size of
80,000SF, orjust slightly less than 2 acres in area. The proposed new lot to be set
off is 2 acres. The lot line modification of SCTM#: 1000-51-1-7 from a .5 acre
lot to a 1.5 lot makes the lot more conforming to zoning. As a benefit of the
proposed application, approximately 22 acres of land will be preserved through
the purchase of development rights within a portion of Lot 1.
C. Design and Layout—see attached map
1. Total site area-28.36 acres
a. proposed impervious surface area--none now
b. amount of land to be cleared—none now
c. open space—approx. 22 acres protected via sale of development rights
2. Structures
a. layout of buildings--TBD
b. site plans and profile view--TBD
3. Other
D. Approvals Required - Southold Planning Board
- SC Department of Health Services
IV. Environmental Setting
A. Water Resources (Groundwater)
1. Location and description of aquifers and recharge areas
a. quality
b. quantity
c. seasonal variation
d. depth to water table
The elevation of groundwater beneath the subject site will be determined by
test hole boring. The topographic elevation on site ranges from approximately
25 to 45 feet above nisl. The direction of groundwater flow is expected to be
towards the south.
2. Identification of present uses and level of use of groundwater
a. private water supply
Not applicable--the land is undeveloped.
b. public water supply
Public water may be available as per the existing and proposed Water Main
map dated June 2000.
c. location of existing wells
Not applicable--the lots are undeveloped.
d. agricultural uses
The property is meadowland and per the plan, approximately 22 acres will be
protected as such in perpetuity.
e. commercial/industrial uses
Not applicable.
f. seasonal variation
Not applicable.
3. Soils and Topography: The property does not contain any significant
landforms or geological features. The Suffolk County Soil Survey(Warner, et.al.,
1975) identifies the following soil types on the subject site:
RdB — Riverhead sandy loam, 3 to 8 percent slopes
15.7± acres, 56.7% of site.
RdC — Riverhead sandy loam,8 to 15 percent slopes
0.3± acres, 1% of site.
The hazard of erosion is moderately severe on this Riverhead soil.
PmC3 — Plymouth gravelly loamy sand, eroded,8 to 15 percent slopes
11.7±acres, 42.3% of site.
The Riverhead series consists of deep, well-drained moderately coarse textured
soils. Native vegetation consists of white, black, red and scrub oak. Haven soils
have moderate to high available moisture capacity. Internal drainage is good, and
natural fertility is low.
The Plymouth series consists of deep, excessively drained, coarse-textured soils.
Native vegetation consists of white, black and scrub oak as well as pitch pine.
Plymouth soils have a low to very low available moisture capacity, and low natural
fertility.
The topography and soils on site do not appear to present development constraints.
4. Wetlands: As discussed above, the site does not contain vegetated freshwater
and/or tidal wetlands.
B. Land Use and Zoning
1. Existing land use and zoning
a. description of the existing land use of the project site/ surrounding area
The project site is located in an area that contains a mix of residential and
undeveloped vacant land. The dominant land use in the general area is
residential,and the proposed application is consistent with surrounding uses.
Residential uses abut the perimeters of the subject site with the exception of a
open space parcel to the west of the property.
b. description of existing zoning of site and surrounding area
As stated above, the parcel is zoned R-80. The project is in harmony with
various Town watershed management and land protection planning documents
and initiatives by retaining a large contiguous area of open space. The land
use and zoning impacts of the proposed project are expected to be non-
existent.
c. description of any affected agricultural district or other farmland retention
program boundary in and surrounding the site
Not applicable.
2. Description of any land use plans or master plans which include project site
and surrounding area
a. Southold master plan
The property is identified on the Town's Community Preservation Fund
map for protection.
b. Southold water supply management and watershed strategy/
The project is not located with in the Special Groundwater Protection Area
Plan.
c. Special groundwater protection area plan
The project is not located with in the Special Groundwater Protection Area
Plan.
C. Public Water Service
1. Existing facilities—NA/undeveloped
2. Current usage levels-NA/undeveloped
3. Projected future usage levels-water for 3 potential homes
4. Projected future facilities-public water for 3 potential homes
V. Significant Environmental Impacts
Identify those aspects of the environmental setting in Section IV that may be adversely or
beneficially affected by the proposed action including cumulative impacts as measured against
Southold Water Supply Management and Watershed Protection Strategy and provide
discussion.
Given the proposed conservation plan, there are only benefits associated with the
proposed project.
VI. Mitigation Measures to Minimize Environmental Impacts
Describe measures to reduce or avoid potential adverse impacts identified in Section V.
NA
VII. Adverse Environmental Effects that Cannot be Avoided if the Project is Implemented
NA
VIIL Alternatives
Full-yield development
IX. Irreversible and Irretrievable Commitment of Resources
NA
X. Appendices (map attached)
I t,
COUNTY OF SUFFOLK
4
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN,M.D., M.P.H.
ACTING COMMISSIONER
September 16, 2003
Mark Terry, Senior Environmental Planner
Southold Planning Board Office
PO Box 1179
Town Hall, 53095 State Route 25 D E IC E 9 �/ 2
Southold, New York 1 1 97 1-0959 L� D
RE: Set Off and Cluster Sub division of Ed Booth StP 2 5 003
SCTM #: 1000-75-2-15. 7 & 3
1000-50-2-15 Southold Town
Plannin Board
Dear Mr. Tern :
The Suffolk County Department of Health Services (SCDHS) has received your letters dated
August I1 2003, concerning the above- referenced application, and has no objection to the Town
of Southold Planning Board assuming lead agency.
This correspondence is intended primarily to expedite the procedural requirements of SEQRA
pertaining to the establishment of lead agency. The comments provided below are, therefore, general
in nature, representing several of our most common concerns regarding Suffolk County projects. The
department wishes, however, to reserve its right to provide more detailed information within the
comment period(s) established for this action.
I. Suffolk County Sanitary Code (SCSC)
l. The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply
systems, pursuant to the authority and requirements of Articles 4. 5, and 6 of the SCSC.
Applications must comply with all relevant density and construction standards for water supply
and sewage disposal. Applicants should not undertake the construction of, or connection to,
either system without Health Department approval.
2. Our agency has received applications for the above-referenced project on July 2, 2003 (HD
Ref# S 10 03 0009& 0019). as required by Article VI of the Suffolk County Sanitary Code. The
♦1)[X IMON OF ENVIRONMENTAL QUALIFY•OFFICE OF ECOLOGY• RIVERHEAD COUNTYCENTER RI4'ERHEEV>NY I1901-339-
Phone�63I1852-20-- Fa,i631i952-2-43
0
PLANNING BOARD MEMBERS �SOFF0 A
BENNETT ORLOWSKI,JR. �� Olj P.O. Box 1179
Chairman C y Town Hall, 53095 State Route 25
w Southold, New York 11971-0959
RICHARD CAGGIANO Telephone (631) 765-1938
WILLIAnI J. CRENTERS O
KENNETH L. EDWARDS �' • �`- Fax 1631) 765-3136
ALA H. SIDOR ��l
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 10, 2003
Cynthia Caprise, Secretary
Southold Fire District
P.O. Box 908
Southold, New York 11971
Dear Ms. Caprise:
Enclosed please find one (1) survey, dated 6/20/03, for the Set-Off for Edward Booth,
located n/o CR 27, w/o Mt. Beulah Ave. & s/o Sound View Ave., in Southold.
SCTM#1000-51-2-7 & 8
O The enclosed site plan is being referred to you for fire access
review and for your recommendations as to whether any fire-
wells are needed. Please specify whether firewells are shallow
/ or electric.
G The enclosed subdivision is being referred to you for your
recommendation at to whether any firewells are needed.
Please specify whether firewells are shallow or electric.
Thank you for your cooperation.
Very truly yours,
Mark Terry
Senior Environmental Planner
enc.
' 'PLANNING BOARD MEMBERS �g�fFOC� c
BENNETT ORLOWSKI,JR.
QG P.O. Box 1179
Chairman = y� Town Hall, 53095 State Route 25
o Southold, New Fork 11971-0959
RICI-LARD C:AGGL-%NO W Telephone (631) 765-1938
WILLLAA1 J. CREDIERS O4b Fax (631) 765-3136
KENNETH LART N L.
EDDORDS 44o% �aO.Y
PLANNING BOARD OFFICE
TOWN OF SOUTH0I.1)
August 12, 2003
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
RE: Proposed Set-Off and Lot Line Change of Edward Booth
Located n/o CR 27, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 - Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, August 11, 2003,
adopted the following resolution:
WHEREAS, this proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which
includes a 2 acre building envelope (Lot 1); and
WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of
Lot 1; and
WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft.
from SCTM#1000-52-2-8 (Lot 1 ) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning
District; therefore be it
RESOLVED, that the Southold Town Planning Board start the SEAR lead agency
coordination process for this Unlisted Action.
The plat has been referred to the Suffolk County Planning Commission, the Town of
Southold Police, and the Southold Fire Department for review and comment. If you
have any questions, please do not hesitate to contact this office.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
' • gUFFO(,r •
PLANNING BOARD MEMBERS V CQG x P.O. Box 1179
BENNETT ORLOWSKI,JR. hy` y
Chairman 1 C, Town Hall, 53095 State Route 25
C* Z Southold, New York 11971-0959
H RICARD CAGGLANO V� �, Telephone i631 i 765-1938
13'ILLL I J. C'REMERS 1b �"
KE L. EDWaRDS
`L\R IN y�fol Fax i6311 765.3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 12, 2003
Re: Lead Agency Coordination Request
Dear Reviewer:
The purpose of this request is to determine under Article 8 (State Environmental Quality Review
Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following:
1. Your jurisdiction in the action described below,
2. Your interest in assuming the responsibilities of lead agency, and
3. Issues of concern which you believe should be evaluated.
Enclosed please find a copy of the proposal and a completed Environmental Assessment Form
(EAF) to assist you in your response.
Project Name: Set-Off and Lot Line of Ed Booth
SCTM# 1000-51-2-7 & 8
Requested Action:
This proposed set-off will subdivide a 2 acre lot (3) frorn a 24.36 acre parcel which includes a 2
acre building envelope and transferring 43,590 sq. ft. from SCTM# 1000.-52-2-8 to SCTM#
1000.-52-2-7 in the R-80 zoning district. This action will result in the creation of 1 new lot on the
parcel. The Town of Southold will purchase the development rights on 22.80 acres of the 28.36
acre parcel.
The property is located n/o C.R. 27, w/o Mt Beulah Avenue and s/o Sound Avenue in Southold
SEQRA Classification: ( ) Type I
(X) Unlisted
Contact Person: Mark Terry, Senior Environmental Planner
(631) 765-1938 x 243
•
Page 2
Lead Agency Coordination Request
The lead agency will determine the need for any supplemental information on this project.
Within thirty (30) days of the date of this letter, please respond in writing whether or not you
have an interest in being lead agency. In addition please provide any information that
should be considered during this review.
Planning Board Position:
( X ) This agency wishes to assume lead agency status for this action.
( ) This agency has no objection to your agency assuming lead agency
status for this action.
( X ) Other (see comments below)
The Planning Board assumed lead agency for the action on March 10, 2003.
Comments:
The proposed developable areas contain no known environmentally sensitive areas.
Please feel free to contact this office for further information.
Very truly E}fs�
---"—Be}mett Orlowski, Jr. U
Chairman
cc: Joshua Y. Horton, Supervisor
Southold Town Board
Greg Yakaboski, Town Attorney
Board of Trustees
Building Department
Southold Conservation Advisory Committee
Melissa Spiro, Land Preservation Coordinator
Suffolk County Department of Health Services
NYSDEC - Stony Brook, Sheri Aicher
it NYSDEC - New York Natural Heritage Program —Albany
Suffolk County Water Authority, John Milazzo, Esq.
New York State Department of Transportation
'Maps are enclosed for your review
Enc
•� PART 1—PROJECT INFORA)ON
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed rnav have a significant eff,
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider
-as part of the application for approval and may be subject to further venrication and public review Provide any additiot
information you beliese will be needed to complete Parts 2 ,ind 3.
It is expected that completion of the full EAF will be dependent on information currentI a,:ailable and will not invo
new studies, research or cmestigation. If information requiring such additional work is una�atlable, so indicate and spec
each instance
NAME OF ACTION
Booth �U�t-_ _ _—
LOCATION OF AC.TiON (IncWde Street Address, Mun,cipaliiy and ceantyl
Soundview Avenue , Beulah Avenue & North Road; Southold ; Suffolk
NAIaE Or APPLICANnSPOrv3OR I BUSINESS TELEPHONE
Peconic Land Trust , Inc . ( 631) 283-3195
ADDRESS
296 Hampton Road , PO Box 1776 _
CtTyrPO STATE ZIP CODE
Southampton I NY I 11969
NAsiE OF IT.',FIER If adterenp LU9NcSS TELEPHONE
Edward C Booth Jr . , et al = 631) 769-9596
ADDRE33
17235 Soundview Avenue
cirr(,P,) --- OVATE I nPCoe=
Southold I PJY 11971
OE'CF.iFTI.Jr, 6, ro.,N — -- -- '------
Sale of development rights on 24 . 8 acres
and set-off of 2-acre lot on Beulah Avenue_
Please Complete Eai_h (?uestion— Indicate N.A. if not applicable
A. mite Description
Physical setting or prolect, both developed and uncle<eloped areas
I. Present land use. ❑Urban ❑Industrial CiCommercial D$esidentiil Isuburbanj 0—Rural (non-ran
❑Forest ❑Agriculture XXOther ���,__
IQ J
2. Total acreage of project area. -28 _ acres. ✓u. 51,
APPR0X .LATE ACREAGE - PRESENTL'i AFTER CO;.IPLETION
Meadow or Brushland (Non-agricultural) _•� Z� _ acre, acres
Forested acres acres
Agricultural (Includes orchards, cropland• pasture. etc.) acre. acres
Wetland (Freshv.,Ater or tidal as per Articles 21• 25 of ECI 1 acre< acres
Water Surface ^.rea acres _ acres
umegetated (Rock, earth or fill) acres _ acres
Roads, buddings and other paved surfaces acres —_ acres
Other Ilndieate hpc)-_ _ .t,_ws — acres
3. What is prndorninant sod h;pe(s) on project site?
a. _Soil fr,iinage (RWell drained _7 nn _ 9 i or site OP.t,,deratcly well dram:d _ . of site
I]Poorh, ;Trained of site
b. If any ignr ulturdl land is inool�ntl, how ninny at rt-s of sail are r lassiitod sithin soil group 1 through 1 of the N'
Land ( lassihcanon Sysern/ 160 acres (See 1 NY( RR 3,0)
4. Arc there bedrock Outcroppings on protect sdef ❑yes ®Nu
_a. Whal is depth to bedrock+ (in feet)
2
w
5. Approximate perrenta e of 0 �ed project ,ite wrtlt slope. m/o 10"O)L—_ °6 off)-15%
❑15% or greater
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation
Registers of Historic Places? ❑Yes )MO
7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ®h!
8. What is the depth of the water table? (in feet)
9. Is site located oser a primary, principal, or sole source aquifer? 19Ye5 ❑No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project arear ❑•r'es hxNo
11. Does project site contain any species of plant or animal life that is identified as rhreatened or endangerec
❑•f'es nNo According to
Identify each species
12. Are there any unique or unusual land forms on the Project site? (i e., (:Iiffe, dunes other geological formation
❑Yes L)No Describe
13 Is the project ;rte presently used by the community or neighhorhood as an oL ri :pace or recreation area
❑Yes XJ.No If yes, explain
14 Oees the present site include scenic view's known to be important to the rommumtsr
PgYes GNo
15. Streams -ntfun Jr contiguous to project area
a. N,sn,r :ar Scream and name or Rrv•Y to �Iu h it i, cr,butar•,
16 Lak,-'s. p..-ends. I arras ..ithin cr eortht:uc.u: to prpl.'er .aria
I Nam, __-- b s)", Ifu 1crr1)
1..- Is thr• s,te ser.,d by a•.r_.tang public utihries? L]'t ss I:3�'I
.i) If r',r: urrw,rit capacity exist Co a11r— conn._c thin? I]'i._', CNo ti
k) If 'r Gs. '•,11 ,fnpr-s,-rn,mts be necessary t.a illr,w ,:i]nni, tiOrlr ; i•'s JiLi
1.9 Is the sir„ Jut ited ,n in agnrulniraj il,stnit ccrtul,'d pur;uant io :`yni-ulLu a' ,,nil Lass Vriclet 25-A.?
S,,,Lion ,03 and U-R k,T.,s ❑N',
19 Is the Site Ir,•_ah-d ,n or substanuall•, conue,uous to a Urti,:al En•.,romn,iital Area Jcvyn.itod pursuant to Article e
of the ECL, and o Wi CRR 61?7 ❑Yes ❑No
20. Has the site ever been used for the disposal of solid or haaardrus a.ursr? ❑ics fgNo
B. Project Description
1. Physical dimensions and scale of project (fill in dtmen,ions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 1 3 acres
b. Project acreage to be developed: acres in,ri.illy; _ —4-- accrri ultimately.c. Project acreage to rernam undeveloped 22 . 8 _ acres. CSee iu 0Y)e) CfN1(CC1k
d. Length of project, in miles: (If appropriate) V1�1u,'
e. If the project is an expansion, indicate port rnt of r vpan•.tnn proposed
I. Number of olf-s(reet parking spaces existing props+rd
g P.Lf x,mum sehir ular rnp5 gC+„-rated per honr (upon <omph'oon „i project)?
h If rrstdcnttal Plumber and t)pe of hnnsini; units:
One Family Ts,,i family r,l„)only, lauuly Condonunwm
Iniiiall•, �7—q
Ulhmatcly !i
i Dimensions (m feet) of largest propnsi'd structure height, w„Irh length.
I Linear teet of frontage along a public thoroughfare project will occupy is? _ It
3
2. tiow much natural m,nenai), r:)ck, eanh, etc I ,vi(l I,,. removed frAwe :et •r _ tons/cubic yards
3. Will disturbed areas be reclaimed? ❑Yes ONO ❑iImp\
a. If yes, for what intend— purpose is the site being reclaimed?
b. Will topsoil he stockpiled for reclamation? Oyes ❑NO
c. `:Vila upper subsoil be stockpiled for reclamation? ❑'ies ❑No
4. How many acres of vegetation jtrees, 5hrubs, ground co,ers) „ill ba remo%ed troop sir. ? acres
S. Will any mature forest (over 100 years old) or other locally-irnpr,rtant ,Pget.ation ba mmosed by this project?
❑Yes ZNo
6. If single phase project: Anticipated period of construction months. (including demolition).
7. If multi-phased:
a. Total number of phases anticipated _ fnumberl
b. Anticipated date of commencement phase 1 month „•ar. (including demolition)_
c. Approximate completion date of final phase month _ ;ear.
d. Is phase 1 functionally dependant on subsequent phases? ❑yes ❑,Io
8 Will blasting occur during construction? ❑Yes ®tto
9. Number of jobs generated during construction arrer rrol,,ct es cC,nrob [r
10 Number or lobs eliminated by this project n Za
_ .
11 %1,ill project require relocation of any projects or racilirws OY - tYN„ It es. ecolain _
12 Is SurflCC liquid „rite disposal invol�cd? ❑Yes tCRN')
a It ,, ? in. i.:]C2 t'7 pe of ,.,stV Isev.age. ITjU'I trl.l 1. ,tj[ I ind ]m %wr
b PJarn„ : f atar br„i; into -.,hi, If efrfur-nt -01 tc Ji;,_h.a rgcd
13. Is ;ubs urt m,_e firlu 1s-1 ,:rite der,posal tin olved? ❑'i es UY No
1.7 I.V,ll >urra, , ire,f of in ,.,is[mg ,•.ater b-,dY Inc reate rr J: ,-nre>e by propcaal?
-------_--
1 5 li iaro le Ct --r IA, pear r min Cf pr,j I:•ct loco Grd in a L)0 Y'ur rLi,_"I I,I i rI� ❑ i— i]iJ.
.II thy' I I,.r[ ernes Let ;-ohd .:a;re`? ❑'(,'i L_1 rJ,)
a. Ir y.,s, :-,hat i, the ,amount per roonth ___ tcrc,
b If ,r es „ifl an ex[stintl solid t,astr facih[i be use-l' O'i ins ❑tJO
c. If yes, give name — location
d. Will any wastes not go into a sewage disposal system or into a samtar•; Iandrill? ❑Yes ❑No
e. If 'ies, explain _ _ _
17. '.rill the project involve the disposal of solid waste? ❑Ycs ❑No
a. If yes, what is the anticipated rate of disposal? _ j,)nslrnr.nth.
b. If yes, what is the antiopawd site life?
18. Will project use herbicides or pesuUdrs? l JYes ON,)
19. Will project routinely produce odors (more than one• hour per day)? ❑Yes -a17:o
20. Will project produce operating; noise oxceeclien, the local .ienbient m0e50 I,r.rls? LIi'," XX,o
21. Will project result in an incre,s,- in rn••rpy tier:' f]Yes ❑Nn
If 7cs , indicalrt typetsl —_-- — --_—— —.--__
22 If ,eater .uppfy i, from v,• II, i1Jr6c;ti• pumjmnr; capm rty _ _ G.ifh 115;11linite
23 (otal anticipated watrr usagr per d.iY gailon,;day
24 Does project involve Local, }late or I "Ch-Fal funding,? ❑'r'es 12No
If Yes, explain Town of Southold Purchase of neyglQpment Rights
1
4
25. Approvals hrquir•d: Submitt.
Type Date
City, Town, Village Board zYes ONO PurrhacQ t�rsf no.r A; rrhho ___pp
City, Town, Village Planning Board r;JYeS ❑No tc VI{ ;- &I
-City, Town Zoning Board ❑Yes ❑No
City, County Health Department klYes ❑No
Other Local Agencies ❑Yes g7No
Other Regional Agencies ❑Yes $1No
State Agencies [Res KJNo
Federal Agencies ❑Yes XJNo _.
C. Zoning and Planning Information
l . Does proposed action involve a planning or zoning decision/ UYes LINO
If Yes, indicate decision required:
❑zoning amendment Ozonmg ,ariance ❑special use permit Mubdivis,on Lsite plan
❑new./revision of master plan ❑resnorce management plan Clothier
2. What is the -oning classirication(slof the site? R-80
3. What is the maximum potential deseloprnent of the site it developed as permitt_d by the present zoom,?
13
4. What is the proposed zoning of the site? _Sams
S \Chat is the rna.,imurn put,,nnal Jc•.alnpmcnt .at [he wi, if ;lw--f.-,prd as permict,if by the prop(i<.ed zoning?
CIs tho prop, acti,!n consistent v.,[h the recommended us,; in adopted lo,-,J land us', plans? %!Yes G
7 lVhat IrL the preJorn,n.uit I.'rnd user,) and coning ,-lassifi,catauns s:irhin a mil,_ radius or proposed action/
R-80
B Is 010 pn,pc.5,'d action cornpatibl.- iih in,lint• land uses sithin a , mile/ 0•1e5 ❑;
9 If the proposed .i.chon i:. the su LJnivon of bind, hoA roan•, I,ts are prop.;sed/ 1 Rew
a. ).%'flat is the minimum lot size proposed? acres
10. Will proposed action require any authonzation(s) for the formation or svYver or w.iiter districts? ❑YeS C$t
11 . Will the proposed action create a demand for any community provided sersices (recreation, education, polio
fire protection)? ❑Yes L-4Jo
a. If yes, is existing capacity sufficient to handle projected demand? OYes ❑f•!o
12. Will the proposed action result in the generation of traffir oi!mfieantly abose present [owls? ❑Yes KIN
a. If Nes, is the existing road network adequatio to handle the additional traffic? ❑'r'es ❑No
D. Informational Details
Attach any additional information as may bo needed to clarify your project. If [here are or may be any adver
impacts associated with your propos;d, ple,ise disi uss 5Ut11 impar is and the measures shich You propose to mitigate
avoid them.
E. Verification
I coifs, that the information provided th,., n tnrr to thy• first or my knowleds;c
Applic.urt;sponsor Nan-le r Tani) Trnct Tnr• Date Z71a3
Signature
_ title ni rc+n a-r, of
If file actin, is in the Coastal Area, and you arc a slate agency, complete the Coastal Assessment Form before proceedir
with [his assessment.
PART 1—PROJECT INFORIOTION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant of
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consldE
-as part of the application for approval and may be subject to further verification and public review Provide any additie
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currentl: available and will not invc
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spe
each instance.
NAME OF ACTION
Booth j- Lam_ V•✓icldj J1..6,�
LOCATION OF ACTION (include Street Address. Municipality and County)
Soundview Avenue, Beulah Avenue North Road Southold�Suffolk
NAME OF APPLICANTISPONSCA BUSINESS TELEPHONE
Peconic Land Trust , Inc . ( 631) 283-3195
ADDRESS
296 Hampton Road , PO Box 1776
CITYIPO i STATE I ZIP CODE
Southampton NY 11969
NAME OF OVINER tit ailterernl ~ EUSiNESS TELEPHONE
Edward C Booth Jr . , et al ' LL311_7 65-4596
ADORE'"
17235 Soundview Avenue
�.Irh PO -i ATE I ZIP CODE
Southold _ _ I NY 11971
CEECrIIPnrrl OF �cnoN
1/2 acre lot on Soundview Avenue to 1 . 5 acre lot on Beulah Avenue,
and set-off of 2-acre lot on Beulah Avenue
Please Complete Each Question-Indicate N.A. if not applicablo
A. Site Description
Physical setting of overall project. both developed and undeveloped areas.
1. Present land use: ❑Urban ❑Industrial 0-Commercial C$esldential (s(iburban) ❑Rural (non-fa
❑Forest ❑Agriculture ?10ther aS ' 1
2. Total acreage of project area: 6 5- tv_ )_ � acres.
APPROXIMATE ACREAGE PRESENTL'i AFTER CO,NAPLETIOr`
Meadow or Brushland (Nonagricultural) 0,5 to " acres _ acres
Forested _ acres acres
Agricultural (Includes orchards, cropland, p.lsture, etc.) — acres - acres
Wetland (Freslns•ater or tidal as per Articles 24. 25 of ECI.) acres acres
Water Surface. Area acres acre:
Unvegetated (Rock. earth or fill) .1CI,'s _ acres
Roads, buildings and other paved surfaces acrl•s _ acres
Other (Indicate type) acres acres
3. What is pro.-dominant soil type(s) on project vte?
a Soil drainage: EkWell drained 100 90 of site ❑moderrately well drained b of slte
❑Poorly draim d % of site
b. If any agricultural Land is Involved• how many ai.ins of soil are rLlssificd within soil group I through I or the N
Land Classification System? _,f_ acres (Sec 1 N'r( RR 320)
4. Are there bedrock outcroppings on protect rite? (]yes No
i. What is depth to bedrock' (in feet)
2
'A
i. Approxmlate percenta:;e of rosed project ,ae with ;lope+. Idol 4L Ell) 1501.
0I5% or greater ^L
6. Is project substantially contiguous to, or contain a building, site, or district, listed on (he State or the Natior
Registers of Historic Places? Dyes X)INo
-.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes IRi
8. What is the depth of the water table? _ (in feet)
9. Is site located over a primary, principal, or sole source aquifer? ®1'e5 ONo
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes IRNo -
11. Does project site contain any species of plant or animal life that Is Identified as threatened or endangere
OYes nNo According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e , cliffs, dunes, other geological formatior
❑Yes C]No Describe
13. Is the project site presently used by the community or neighborhood as art open space or recreation are
ores $]No If yes, explain
14 Dces the present site include scenic views known to be important to the commumr:?
®yes CiNo
1S. Streams within or contiguous to project area:
a. Name of '�trearn and name of River to whw1b it is tnbutnry
16 Lake:, ponds, .,eifand areas v.ithm or con Ogu;ws to pmoIc(t area
a. Name b S'ze On
17 Is the site serval by exutmg public uuhnos? ❑1'a> Mqn
a) If Yes, does suftrcient capacity e.u5t to c( nnection? ❑"e., L-iNo ti
b) If Yes. vnll improvements be necessary to allow connection? ❑Yes ❑td„
18 Is the site lc--at,_d in an agricultural district certlficd pursuant to ^See ulture sod `•tarkea Law, Article 25-A
Sect:on 303 and 304? JL-k'es ❑tl,a
19. Is the site located In or .ubstantialb, contiguous to a Critical Environmental Area d,-•.Ignated pursuant to Article
of the ECL, and 6 NYCRP 617? Oyes C1No
20. Has the site ever been used for the disposal of solid or hazardous wastl51 ❑Yci QNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor _ acres
b. Project. acreage to be developed: I_� acres initi.rll 1 pp acres ultimately.
y; _J
e. Protect arreage to remain undeveloped acres.
d. Length of project, in miles: _ (If appropriate)
e. If the project is an expansion, indicate per(ent of -xpaminn proposed
I. Number of off-street parking spaces existim: propn•rd
g. Maximum %ell,eular (rips gemrraterl per hour (upon eomple Urn of project)?
h. If residential Number and type of housim: units
On(, Firmly Ton I armh Nt,'lUplc I-amlly Condominium
Initially _—
UltIma(cIy
I. Oimension5 (In feet) of largest proprned stricture height, _ width - length.
I. Linear feet of frontage along a publir thoroughfare project will occupy is? ft.
3
2. flow much natural mater4.e . ruck, earth, etc ) will h, remos,d 0 the sue' tons/cubic yard
3. Will disturbed areas be reclaimed? Dyes ❑No ❑N/A
a. If yes, for what intend. purpose is the site being reclauned? _
b. Will topsoil be stockpiled for reclarnatioW Dyes ❑No
c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from sue' acres.
S. Will any mature forest over 100 years old) or other locally-important ver,etauon he removed by this project?
Dyes ENO
6. If single phase project: Anticipated period of construction _ months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated fnurnber)
b. Anticipated date of commencement phase 1 month _ _ sear, (including demolition
c. Approximate completion date of final phase month year
d. Is phase 1 functionally dependent on subsequent phases? Dyes 0No
8. Will blasting occur during construction? Dyes ®No
9. Number of jobs generated: during construction after project is cornplete
10. `lumber or jobs eliminated by this project n/a/a__.
11. Will project require relocation of any projects or facilities? G1'e> L3No If yes, explain _
12. Is surface liquid v.aste disposal imoleed� ❑'rei aNa
a. If pus, indlrate t•;pe of waste (sewage, industrial, etc.) and amount
b Phme ct +ter body into .•:hu_h ettluent _ill be discharged
13. Is suhsurrace Lqun1 c,asre disposal involved' L'res IXrlo I yJ,?
14 tVdl ;urrace area or an vxisting :eater body uicrca•e or decrer;e by prol:•osal? Eyes 5dNo -
Explain
15. Is proloct or any portion of project locau;d in a 100 year flood pl.nn' ❑'r'.,,' IJN,x
16. %Vill th:• project generate solid waste? L1'•,s OfJrr
a. If yes, :•.hat is the arnount per month _ tons
b If Yes, .,ill an existing solid waste facility be used' ❑yes ❑N to
c. If yes, give name _ _; location
d. Will any wastes not go into a sewage disposal system or into a sanitary landhIl? Dyes ❑No
e. If Yes, explain
17. Will the project involve the disposal of solid waste? ❑Yc•s ❑No
a. If yes, what is the anticipated rate of disposal? _ tons/month.
b. If yes, what is the anticipated site life? years.
10. Will project use herbicides or pesticides? Dyes ❑Nrr
19. Will project routinely produce odors (rnore than one hour per day)' ❑Yes IXNo
20 Will project produce operating noise vxceeding the local ambient noise IcveW ❑Yes x3cgo
21. 1V-11 project result in an nscreax• in pro• rgy ❑Yes ❑Nn
If yes , indicate type(s)
22. If water supply e, from m, ll,, ntd.catr- jrumpuu; capar.tty gallons/nunute.
23. Total anticipated water usage per day gallon,rday
24 Does project imnlve Local. State or Irderal funding, Dyes QNo
If Yes, explain
4
25. Approvals Required: Submitt
Type Date
City, Town, Village Board '-;Yes lfto
City, Town, Village Planning Board ElYes ❑No �+-�- (��_� y'1�,C,�srt=e- u,'`(� 4VA
7 r �
City, Town Zoning Board ❑Yes ONo
City, County Health Department KIYes ONo _
Other Local Agencies ❑Yes 79No
Other Regional :\gencies ❑Yes :K1No
State Agencies OYes flNo
Federal Agencies ❑Yes ZNo
C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision? :JYes ❑No
If Yes, indicate decision required:
Ozoning amendment ❑Zoning variance ❑special use permit (Xsubdiv ision ❑site plan
❑new/revision of master plan ❑resource management plan ❑other
2. What is the zoning classification(s)of the site? R-80 _
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
I
4. What is the proposed zoning of the 51te2
5 Whit is the rn,iximurn porential development of the site if developed as perm ricd by the proposed zonm,?
I
CIs the prrpos, d actwn consistent with the recommended uses in adopted local land use plans? MYes C
i 1.'hat are the predominant land use(s) and zoning classifications within a '; mile radius of proposed action?
R-80
A Is the proposed action compatible with odloming/surrounding land uses V:rthin a mile? (Eyes C
9. If the proposed a,twm Is the subdivision of and, how many lots are proposed? —
a- What is the minimmn lot size proposed2 —_--
10. Will proposed action require any authorizations) for the formation 0i le\aer or water districts? ❑Yes G
11 . Will the proposed action create a demand for any community provided services (recreation, education, pol
fire protection)? ❑yes UN
a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ONo
12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes :0
a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONo
D. Informational Details
Attach any additional information as may be nee(led to clarify your project. If there are or may be any adv(
impacts associated with your proposal, please discuss such imp.n.ts and the measures tshich you propose to miugat(
avoid them.
E. Verification
I certify that the inforinition prrovidrd abovr is Iruv to the host oI my knowledge.
Apphcant/Sponsor�Namme Trust- Tnr _ Date
Signature J�'�//dIJ�Tii _
Title D-].-r-CGtA-r O.)•—eo^:io2-i
�7=
If file action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceed
wifh this assessment. _
i, 0)
Submission Without a Cover Letter
Sender: 1k1?e1e1A1j
Subject: /"</dC/ / SET- DFFS- 9 LoT L.i.iE C'fNr.-7.iCE
S(-'Tifl : 1 000-
Date:
pEcE wE
1003 D
Southold Town
Fla❑mng board
A I`PL I CAN"r '(
TRANSACTIONAI, DISCLOSURR FORM
The Town of SouLhold's Code of Gthlcs prohibits conflicts 01
interest on the part of town officers and employees. 1'IIe
purpose of this form is to Provide Information which can
alert the town of possible conflic Ls of interest and allow
it to take whatever action is necessary -Lo avoid same.
r\� i 7
YOUR NAME: )l� IM V1R.l� CA V �P L(�i'�lC ll��✓--��
( Last name, E rst name, m I d d Le I n I i 1, un Iesa
you are applyinq in the name or someone else or
other entity, such as a company. LE so, Indica Le
the other persnn 's or company 's name. )
NATURE OF APPLICATION: (Chccl; all tha L. app Ly . )
'l'ix grievance
Va r Lance
Change of zone
Approval of plat L
Fxemption from pLat or official map _
Other
( If "Other, " name the activity- )
Do you personally (or through your company, spouse, niblisq,
parent, or child) have a relationnhip with any officer or
employee of the 'Town or Southold? -Relationship" includes
by blood, marriage, or business interest_ 'suslness
interest- means a business, including a partnership, in
which the town officer or employee has even a partial
ownership or (or employment by) a corporation in which
the town officer or employee owns more than 5% of the
shares. CiJrvSL�2Ll''1T�1`\(�.rJ� t
YES NO --- C (L �—)SUL IT
If you answered -YES, - complete tire balance of this form and
date and sign where indicated. I' I �-I� L
flame of person employed by the Town of Sou � c- LL` ,v Lhold Lom
Title or position of that person
Descrihe the velat Lonshlp between yourself ( the applicant )
and the town officer or employee. Either check the '
appropriate line A) throuqh D) and/or describe In the space
provided.
'file town officer or employee or his or her spouse, sibling ,
parent, or child is (check all that apply ) :
A) the owner of grea Ler than 'i% of the shares of the
corporate stock, or the applicant (when the app) l -
Ls a corporation ) ; r r
_ B) the legal or beneCiciaL owner or any In (Q t
n L I
oncorpora Le entity ( w ls hen Ilse applic ant r - ,
corporation ) ;
an officer, rlLreclu , partner , or employ f, the - I
applicant ; or �(
D) the actual a{+y'ttL, r
.age✓It EV, �cttl uu mot,^
UE9CRrp'I'IOn OF REI.A'rf0rJ' Illy '
Su hill l;t.e,1 I;h is V day of
—, —Y
n
IWUST20hq ,
ti
FP
9
v� ry0
FF" 9��
�4
4C OUR HEM'P \ July 1, 2003
Honorable Bennett Orlowski, Jr.
Town of Southold Planning Department
53095 Main Road
PO Box 1179
Southold, NY 11971
Re: Booth Set-off& Conservation Subdivision
SCTM#'s : 10000 50 2 i5 & 1000-51-2-7 & 8 i777
Dear Chairman Orlowski:
Enclosed please find applications for the above-referenced projects. Thank you for your
input during prior Planning Board work sessions.
As you are aware, in the Set-off application, a 2-acre parcel will be set-off from the
existing 8-acre parcel. Per our discussion, the Booths are executing a conservation easement on
the property to Peconic Land Trust to eliminate all but 2 development rights. With regard to the
Booth Minor Subdivision, in order to protect the property, the Booths are selling the
development rights on 22.8 acres of the 28.36 acre property. As shown on the map, a 2-acre
building envelop will be retained on Lot 1 (24.86 acres total). The project also calls for a lot line
modification—moving the approximately 0.5 acre parcel (SCTM 1000-51-2-7) to the 1.5 acre lot
identified as Lot 2 on the map. A 2-acre lot will be set-off from the 28.36 acre parcel (Lot 3).
Thank you for your facilitation of these conservation projects. If you need any additional
information, please do not hesitate to contact me at 283-3195 ext. 26.
Sincerely,
Marian P. Sumner
Director of Conservation Programs
cc: Mark Terry D r� C
LS lI D
F
r, H]rrq)[on Fr.-,d PJ 9.., 17. iCLrP nTIP[on. NVIi°' .=.i 6+-314y F.r '71 .--_ .c uu...11 n- . -,irruq.or?
LASER FICHE FORM
SUBDIVISIONS
Protect Type: Set Offs
Status: Final Approval
SCTM # : 1000 - 51 .-2-7
Project Name: Booth, Edward Set-Off
Location: The property is located n/o CR 48, w/o Mt. Beulah Avenue and s/o
Sound Avenue in Southold
Hamlet: Southold
Applicant Name: Marian Sumner
Owner Name: Ed Booth
Zone 1 : R-80
Approval Date: 6/13/05
PLAT Signed Date: 6/15/05
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2: Zone 3:
C and R's :
Homeowners Association
R and M Agreement:
Address:
County Filing Date:
SG1NNf.0
SCAN Date: JUL
THIS LOT LINE CHANGE BETWEEN AND
IS LOCATED ON
IN SCTM# 1000-
LOT LINE CHANGE
Complete application received '
Application reviewed at work session
M.9a
N Applicant advised of necessary revisions TSJ 6'
, o
o �
o ,d
V� ®' ❑° Revised submission received
� ob
� rOK�
Lead Agency Coordination
SEQRA determination
y Sent to County Planning Commission ® ❑
wb � as
� d
N0
o , Review of SCPC report
y
.9 Draft Covenants and Restrictions received
V •.. V
N Draft Covenants and Restrictions reviewed
o Filed Covenants and Restrictions received
oI Final Public Hearing
0.
H` Approval of Lot Line
0
H 3 -with conditions
Endorsement of Lot Line
ms 1/1/90
o:FF FILE
PLANNING BOARD ME1#RS SUFFO(
BENNETT ORLOWSIG,JR. �� �CO Town Hall, 63095 State Route 25
Chairman tiZ` Gy� P.O. Box 1179
WILLIAM J.CREMERS C - Southold,New York 11971-0959
KENNETH L.EDWARDS H Z 938
765-1 31)Telephone(6
GEORGE RITCHIE]LATHAM,JR. G Fax(631 1) 765-1
RICHARD CAGGLANO d,��l �!
-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Subdivision Application Form
Name of Subdivision: Booth t o+ lave RoGltr c ccj2
Suffolk County Tax Map# 1000- 51-2-7.
Type of Subdivision: Major Minor. Set-Off Lot-Line
Cluster Subdivision: Yes No
Hamlet: Southold
Street Location: Soundview Avenue, Beulah Avenue and North Road
Acreage: D.S aL'Ve
Number of Lots: 1
Zoning District: R-80
Date: 6/30/03 7/1f/0'j
Please list name, mailing address, and phone number for the people below:
(Edward C. Booth, Jr . et al)
Applicant: - R,lwnrd n - Rnnth,_Jr -
Michael S . Booth, Margot W. Booth and Katherine B.
Booth 17215 Snnn,9vi ow Avenue , Snnthnl A , MV 1,1971
631-765-3556
Agent handling the application: peconir. T.an9 Trust , Tnr./Marian P . Sumner
(Contact Person) PO Box 1776
Southampton, NY 11969
631-283-3195 ext. 26
PropertyOwner(s): RPP Applicant
Surveyor: JGhn MSt�36r
_Peconic Surveyors
_PO Box 909
Southold , NY 11971
631-765-2954
Engineer: TnSeih R• jgnbPtt_i
PO Rox 616
Southold, NY 11971
631-765-2954
Attorney: _Rudolph H. Bruer, Esq.
p0 Box 1466
Southold , NY 11971
631-765-1222
Other Agent(s):
Has this property had a previous application to the Planning Board? Yes (No)
Has this property previously received a SEQRA review? Yes (No)
Have you had any pre-submission conferences with the Planning Board? ( Yes ) No
Does this application have variances from the Zoning Board of Appeals? Yes (No)
Appl. No. Date
Is this property adjacent to any bodies of water? Yes (No)
Are there any wetlands on the property? Yes ( No )
Are there public water mains in an adjacent street? Yes ( No )
Is public water proposed for the subdivision? Yes ( No )
Are there any existing easements on the property? Yes (No )
Is there a proposed sale of development rights on part of the property? (Yes ) No
Is there a mortgage on the property? Yes ( No )
Does the owner own any adjacent properties? ( Yes ) No
Are there any building permits currently pending on this property? Yes ( No )
Signature of Preparer !j Date
PART 1—PROJECT INFO*ATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe(
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere
-as part of the application for approval and may be subject to further verification and public review. Provide any addition:
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involv
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif
each instance.
NAME OF ACTION
Booth
LOCATION OF ACTION(Include Street Address, Municipality and County)
Soundview Avenue Beulah Avenue & North Road; Southold ; Suffolk
NAME OF APPLICANT/SPONSOR 6USI4ESS TELEPHONE
Peconic Land Trust Inc. I ( 63ll 28 —
AODRESS
296 Hampton Road, PO Box 1776
CITY/PO STATE ZIP CODE
Southampton I NY 111969
NAME OF OWNER(If different) i BUSINESS TELEPHONE
Edward C Booth Jr. e ( ) 76-5-1996
ADDRESS
17235 Stundview Avenue
CITY/Po STATE ZIP CODE
Southold NY 111971
DESCRIPTION OF ACTION
1/2 acre lot on Soundview Avenue to 1 . 5 acre lot on Beulah Avenue,
and set—off of 2—acre lot on Beulah Avenue
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: ❑Urban ❑Industrial GCommercial Cesidential (suburban) ❑Rural (non-farm
OForest ❑Agriculture X$Other
t�LIS "f
2. Total acreage of project area: ��—�_._I�1_ acres. -
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) 0,5 - iV _ acres acres
Forested acres acres
Agricultural (Includes orchards, cropland, pasture, etc.) acres acres
Wetland (Freshwater or tidal as per Articles 24. 25 of ECL) acres acres
Water Surface Area acres acres
Unvegetated (hock, earth or fill) acres acres
Roads, buildings and other paved surfaces acres acres
Other (indicate type) acres acres
3. What is predominant soil type(s) on project site?
a. Soil drainage: IRWell drained Inn 9b of site ❑Moderately well drained "a of site
❑Poorly drained 0<, of site
b. If any agricultural land is involved, how many acres of sod are classified within soil group I through .) of the NY'.
Land Classification System? --_ , acres. (See I NYCRR, 370).
4. Are there bedrock outcroppings on project site.? Oyes IgNo
tea. What is depth to bedrock? (in feet)
2
" �w
3. Approximate percentage 09posed project site with slopes: 9'0-10 9L ❑10-15% %
❑IS% or greater
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? ❑Yes X$No
7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes IgNo
8. What is the depth of the water table? (in feet)
9. Is site located over a primary, principal, or sole source aquifer? ®Yes ❑No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes IRNo
11. Does project site
y�contain any species of plant or animal life that is identified as threatened or endangered?
❑Yes LNo According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
❑Yes L]No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
❑Yes az]No If yes, explain
14. Does the present site include scenic views known to be important to the community?
®Yes ONO
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name b. Size (In acres)
17, Is the site served by existing public utilities? ❑Yes (21No
a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ❑No ti
b) If Yes, will improvements be necessary to allow connection? ❑Yes ❑No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? f3&es ❑No -
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 617? ❑Yes ❑No
20. Has the site ever been used for the disposal of solid or hazardous wasters?_ ❑Yes QNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor 2 acres.
b. Project. acreage to be developed:s� �
_ — acres initially; acres ultimately.
c. Project acreage to remain undeveloped acres.
d. Length of project, in miles: (If appropriate)
e. If the project is an expansion, indicate percent of expansion proposed %;
I. Number of off-street parking spaces existing proposed
g. Maximum vehicular trips generated per hour (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Twu Family iVLrltiple Family Condominium
Initially
Ultimately
i. Dimemions (in feet) of largest proposed structure height; width: length.
i. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
3
2. How much natural rnate0i.e., ruck, earth, etc.) will be removed•n the site? tons/cubic yards
3. Will disturbed areas be reclaimed? ❑Yes ONo ❑N/A
a. If yes, for what intend_,. purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? Dyes ONO
c. Will upper subsoil be stockpiled for reclamation? Dyes ONo
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres-
S. Will any mature forest (over too years old) or other locally-important vegetation be removed by this project?
❑Yes KINo
6. If single phase project: Anticipated period of construction months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1 month year, (including demolition).
c. Approximate completion date of final phase month year.
d. Is phase 1 functionally dependent on subsequent phases? Dyes ONo
8. Will blasting occur during construction? Dyes ®No
9. Number of jobs generated: during construction ; after project is complete
10. Number of jobs eliminated by this project n/a
11. Will project require relocation of any projects or facilities? Dyes ' CJNo If yes, explain
12. Is surface liquid waste disposal involved? Dyes allo
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? Dyes ISINo Type
14. Will surface area of an existing water body increase or decrease by proposal? Dyes BONo
Explain
15. Is project or any portion of project located in a 100 year flood plain? Dyes ONo
16. Will the project generate solid waste?_ Dyes ONo
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? Dyes ❑No
c. If yes, give name
locati'bn
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ONo
e. If Yes, explain
17. Will the project involve the disposal of solid waste? Oyes ONo
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? ye;trs.
18. Will project use herbicides or pesticides? Dyes ❑No
19. Will project routinely produce odors (more than one hour per day)? Dyes CRNo
20, Will project produce operating noise exceeding; the local ambient noise levels? Dyes XINO
21. Will project result in an increase in erwrgy u,e? Dyes ONo
If yes , indicate type(s)
22. If water supply is from wall;, indicate pumping capacity g.rllunslrnrnute.
23. Total anticipated water usage per day gallons/day.
24. Does project involve Local, Slate or Fr-deral funding? Dyes UNo
If Yes, explain
4
.A
25. Approvals Required: • • Submittal
Type Date
City, Town, Village Board 'Yes ONO
City, Town, Village Planning Board Eyes ONO
7 t d v-
City, Town Zoning Board ❑Yes I31,lo
City, County Health Department ]Eyes ONO 7/Jn3
Other Local Agencies ❑Yes ENO
Other Regional Agencies Dyes -$)No
State Agencies ❑Yes flNo
Federal Agencies ❑Yes XlNo
C. Zoning and Planning Information
1. Does proposed action involve a planning.or zoning decision? T)Yes ONO
If Yes, indicate decision required:
❑zoning amendment ❑zoning variance ❑special use permit l2subdivision ❑site plan
❑new/revision of master plan ❑resource management plan ❑other
2. What is the zoning classification(s)of the site? _- R—AD
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
4. What-is the proposed zoning of the site? SawP
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
1
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? MYes ON
7. What are the predominant land use(s) and zoning classifications within a '/ mile radius of proposed action?
R-80
8. Is the proposed action compatible with adjoining/surrounding land uses within a '/. mile? ®Yes ❑N
9. If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes (IN
11. Will the proposed action create a demand for any community provided services (recreation, education, polio
fire protection)? ❑Yes U No
a. if yes, is existing capacity sufficient to handle projected demand? Dyes ONO
12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes UNIC
a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any advers,
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate o
avoid them.
E. Verification
certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Date Z7k3
Signature Title I)i rQctor. of Cease -.._ia _ n
If the action is in the Coastal Area, and you ire a ,late agency, complete the Coastal Assessment Form before proceeding
with this assessment.
5 . 7/16)10 3
Town Of Southold
P.O Box1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 07/21/03 Receipt#: 6837
Transaction(s): Subtotal
1 Application Fees $250.00
Check#: 6837 Total Paid: $250.00
i
1
1
i
1
1
Name: Booth, Edward C. & Patricia
17235 Soundview Ave
Southold, NY 11971-2839
Clerk ID: LINDAC Internal ID:79694
Lc�i L� �JE
PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. o�gpff�(�-co P.O. Box 1179
Chairman Town Town Hall, 53095 State Route 25
ti
LLIAM J. Southold, New York 11971-0959
RI J.
CREM RS . Telephone(631) 765-1938
ENNE M EDWAR DS G Fax (631) 765-3136
MARTIN H.SIDOR �Ol �aQ
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 15, 2003
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
RE: Proposed Set-Off and Lot Line Change of Edward Booth
Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8 Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003,
adopted the following resolutions:
WHEREAS, this proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which
includes a 2 acre building envelope (Lot 1); and
WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of
Lot 1; and
WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft.
from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning
District resulting in a 1.5 acre lot (Lot 2); therefore be it
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, performed a coordinated review of this Unlisted
Action. The Planning Board establishes itself as lead agency, and as lead agency,
makes a determination of non-significance and grants a Negative Declaration; be it
further
RESOLVED, that the Southold Town Planning Board grant conditional sketch plan
approval on the plat, dated June 20, 2003, subject to the following conditions:
Y
s
Booth — Pape Two — 10/15/03
1. The tax map is incorrect; please correct the tax map on the plat to read 1000-51-
2-7 and 1000-51-2-8.
2. The Planning Board requests that the proposed driveway access to Lot 2 and Lot
3 be from Mt. Beulah Avenue. Please indicate proposed building envelopes and
driveway locations upon the plat.
Sketch plan approval is conditional upon the submission of the final plat within six
months of the date of sketch plan approval, unless an extension of time is requested by
the applicant, and granted by the Planning Board. The final plats, five (5) paper prints
and three (3) mylars, must contain a current stamp of Health Department approval and
must be submitted before a final public hearing will be set.
The Planning Board has reviewed the property and has decided that it is inadequate for
a reservation of land for park and playground use. Therefore, a cash payment in lieu of
land reservation will be required. The amount to be deposited with the Town Board shall
be $5,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the
final endorsement of the plat.
Once we are in receipt of the above-requested information, the application will be
scheduled for an upcoming Work Session.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
encl.
cc: Melissa Spiro, Land Preservation Coordinator
' / •
PLANNING BOARD MEMBERS g11FF0(,�c
P.O. Box 1179
BENNETT ORLOWSKI,JR. �� 0
Chairman Town Hall, 53095 State Route 25
o Southold, New York 11971-0959
RICHARD CAGGIANO oy, Telephone (631) 765-1938
WILLIAM J.CREMERS 'F Fax(631) 765-3136
KENNETH L. A MARTIN H.SIDORDS PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Nonsignificant
October 14, 2003
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 7 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action: Proposed set-off and lot line for Edward Booth
SCTM#: SCTM#s 1000-51-2-7 & 8 Zoning District: A-C
Location: Located n/o CR 27, w/o Mt. Beulah Ave. and s/o Sound View Ave.,
in Southold
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
This proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which includes a 2
acre building envelope (Lot 1). The applicant proposes to sell Development Rights
upon 22.8647 acres of Lot 1. This proposal also includes a lot line change that will
transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in
the R-80 Zoning District resulting in a 1.5 acre lot (Lot 2).
SEQR Negative Declaration - Page Two
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed. No significant
impacts have been identified through the coordination process.
The determination was based upon the following:
No substantial adverse change in existing air quality, ground
or surface water quality or quantity, traffic or noise levels will
occur; nor will there be a substantial increase in solid waste
production; a substantial increase in potential for erosion,
flooding, leaching or drainage problems as a result of this
action.
No significant removal or destruction of large quantities of
vegetation or fauna; substantial interference with the
movement of any resident or migratory fish or wildlife
species; impacts on a significant habitat area; substantial
adverse impacts on known threatened or endangered
species of animal or plant, or the habitat of such a species;
or other significant adverse impacts to natural resources will
occur.
The proposed action is not adjacent to a Critical
Environmental Area as designated pursuant to subdivision
617.14(g).
The proposed action is not in a material conflict with a
community's current plans or goals as officially approved or
adopted.
The proposed action will not impair the character or quality
of important known historical, archaeological, architectural,
or aesthetic resources or of existing community or
neighborhood character.
No major change in the use of either the quantity or type of
energy will occur.
No creation of a hazard to human health will occur.
The proposed action will not cause a substantial change in
the use, or intensity of use, of land including agricultural,
open space or recreational resources, or in its capacity to
support existing uses.
Based upon such, no significant adverse impacts to the environment are expected to
occur should the project be implemented as planned.
SEQR Negative Declaration - Page Three
For Further Information:
Contact Person: Mark Terry, Senior Environmental Planner
Address: Planning Board
Telephone Number: (631) 765-1938
Enc.
cc: Sherry Aicher, DEC Stony Brook
Walter Hilbert, Suffolk County Dept. of Health
John Milazzo Esq., Suffolk County Water Authority
Suffolk County Planning Commission
Elizabeth Neville, Town Clerk
Applicant
PLANiVBVG BOARD MEMBERS �gUfFO(,�c
BENNETT ORLOWSKI,JR. P.O. Box 1179
Chairman = y� Town Hall, 53095 State Route 25
o M Southold, New York 11971-0959
RILLIA J.
CREM R W Telephone(631) 765-1938
KENNETH
L.
EDWARSDS Fax (631) 765-3136
MARTIN H.SIDOR oy'�O,( .tQQ�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 12, 2003
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
RE: Proposed Set-Off and Lot Line Change of Edward Booth
Located n/o CR 27, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold
SCTM#1000-51-2-7 & 8, Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, August 11, 2003,
adopted the following resolution:
WHEREAS, this proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which
includes a 2 acre building envelope (Lot 1); and
WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of
Lot 1; and
WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft.
from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning
District; therefore be it
RESOLVED, that the Southold Town Planning Board start the SEQR lead agency
coordination process for this Unlisted Action.
The plat has been referred to the Suffolk County Planning Commission, the Town of
Southold Police, and the Southold Fire Department for review and comment. If you
have any questions, please do not hesitate to contact this office.
Very truly yours, ��- ^^;i
0N"
Bennett Orlowski, Jr.
Chairman
PLANNING BOARD MEMBERS SUFFO(/rea
BENNETT ORLOWSKI,JR. h�O py P.O. Box 1179
Chairman o= � Town Hall, 53095 State Route 25
ti Z Southold, New York 11971-0959
RICHARD CAGGIANO u- Telephone (631) 765-1938
WILLIAM J.CREMERS
KENNETH L.EDWARDS y�f01 ��0� Fax (631) 765-3136
MARTIN SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 12, 2003
Re: Lead Agency Coordination Request
Dear Reviewer:
The purpose of this request is to determine under Article 8 (State Environmental Quality Review
Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following:
1. Your jurisdiction in the action described below;
2. Your interest in assuming the responsibilities of lead agency; and
3. Issues of concern which you believe should be evaluated.
Enclosed please find a copy of the proposal and a completed Environmental Assessment Form
(EAF) to assist you in your response.
Project Name: Set-Off and Lot Line of Ed Booth
SCTM# 1000-51-2-7 & 8
Requested Action:
This proposed set-off will subdivide a 2 acre lot (3) from a 24.36 acre parcel which includes a 2
acre building envelope and transferring 43,590 sq. ft. from SCTM# 1000.-52-2-8 to SCTM#
1000.-52-2-7 in the R-80 zoning district. This action will result in the creation of 1 new lot on the
parcel. The Town of Southold will purchase the development rights on 22.80 acres of the 28.36
acre parcel.
The property is located n/o C.R. 27, w/o Mt Beulah Avenue and s/o Sound Avenue in Southold
SEQRA Classification: ( ) Type I
(X) Unlisted
Contact Person: Mark Terry, Senior Environmental Planner
(631) 765-1938 x 243
1
Page 2
Lead Agency Coordination Request
The lead agency will determine the need for any supplemental information on this project.
Within thirty (30) days of the date of this letter, please respond in writing whether or not you
have an interest in being lead agency. In addition please provide any information that
should be considered during this review.
Planning Board Position:
( X ) This agency wishes to assume lead agency status for this action.
( ) This agency has no objection to your agency assuming lead agency
status for this action.
( X ) Other (see comments below)
The Planning Board assumed lead agency for the action on March 10, 2003.
Comments:
The proposed developable areas contain no known environmentally sensitive areas.
Please feel free to contact this office for further information.
Very truly
ennett Orlowski, Jr.
Chairman
cc: Joshua Y. Horton, Supervisor
Southold Town Board
Greg Yakaboski, Town Attorney
Board of Trustees
Building Department
Southold Conservation Advisory Committee
Melissa Spiro, Land Preservation Coordinator
36 Suffolk County Department of Health Services
1-16 NYSDEC - Stony Brook, Sheri Aicher
fL NYSDEC - New York Natural Heritage Program —Albany
t Suffolk County Water Authority, John Milazzo, Esq.
New York State Department of Transportation
'Maps are enclosed for your review
Enc
PART 1—PROJECT INFORMAORON
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider
-as part of the application for approval and may be subject to further verification and public review. Provide any addition
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not invol,
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci
each instance.
NAME OF ACTION f�f�
Booth
LOCATION OF ACTION [Include Street Address, Municipality and County)
Soundview Avenue Beulah Avenue & North Road; SoutholdSuffQlk
NAME OF APPLICANT/SPONSOR 1 BUSINESS TELEPHONE
Peconic Land Trust , Inc . 63ll 28 -31
ADDRESS
296 Hampton Road, PO Box 1776
CITY/PO i STATE I ZIP CODE
Southampton NY 11969
NAME OF OWNER(It dilferenq BUSINESS TELEPHONE
Edward C Booth Jr . et al I765-3996
ADDRESS
17235 Soundview Avenue
CITY/Po STATE ZIP COOS
Southold I NY 111971
DESCRIPTION OF ACTION
Sale of development riahts on 24 . 8 acres
and set-off of 2-acre lot on Beulah Avenue-
Please Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: ❑Urban ❑Industrial ❑Commercial G!jesidential (suburban) ❑Rural (non-farn
❑Forest ❑Agriculture UOther
s'AL5 v
2. Total acreage of project area: 1-2 8_. acres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow or 8rushland (Non-agricultural) 5�. -_ acres acres
Forested acres acres
Agricultural (Includes orchards, cropland, pasture, etc.) acres acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres
Water Surface Area acres acres
Unvegetated (Rock, earth or fill) acres acres
Roads, buildings and other paved surfaces acres acres
Other (Indicate type) acres acres
3. What is predominant soil type(s) on project site?
a. Soil drainage: IRWell drained 100 ?1 of site ❑Moderately well drained 90 of site
❑Poorly dramod ^,;, of site
b. If any agricultural land is involved, how many acres of soli are classified within soil group I through .1 of the NY
Land Classification System? _14_ acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site,? ❑Yes MNo
tea. What is depth to bedrock? (in feet)
2
3. Approximate percentage of poed project .ite with slope%: tr0 10 Is o�
015% or greater
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa
Registers of Historic Places? Dyes Ulo
7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes (RN(
8. What is the depth of the water table? (in feet)
9. Is site located over a primary, principal, or sole source aquifer? ®Yes ONO
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes RNo
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered
Dyes nNO According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations
Oyes ZINO Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area.
Dyes S7;lo If yes, explain
14. Does the present site include scenic views known to be important to the community?
®Yes ONO
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name b. Size (In acres)
17. Is the site served by existing public utilities? Dyes M14c,
a) If Yes, does sufficient capacity exist to allow connection? Dyes ONO ti
b) If Yes, will improvements be necessary to allow connection? Dyes ❑No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA
Section 303 and 304? iEWes ONO
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 617? ❑Yes ONO
20. Has the site ever been used for the disposal of solid or hazardous wash? Dyes QNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor - 11 acres.
b. Project. acreage to be developed: _q___ acres initially; _ acres ultimately.
c. Project acreage to remain undeveloped .8acres. (See to- 1%"e
d. Length of project, in miles: (If appropriate) SAb vvttd'�� Si 1mu�'�Hq-h,
e. If the project is an expansion, indicate perrrnt of expansion proposed
f. Number of off-street parking spaces existing propn.ed
g. Maximum vehicular trips generated per hour (upon completion of project)?
h. If residential: Number and type of housing units:
Ono Family Two I amrly Multiple Family Condominiurn
Initially 2-
Ultimately 2
i. Dimensions (in feet) of largest proposed structure height; width; length.
I. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
3
2. How much natural material 0, ruck, earth, etc.) .vill be removed froi*e site? tons/cubic yards
1
3. Will disturbed areas be reclaimed? Dyes ONO ❑N/A
a. If yes, for what intend_- purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? Dyes ❑No
c. Will upper subsoil be stockpiled for reclamation? Dyes ONO
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres.
S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
Dyes ZNo
6. If single phase project: Anticipated period of construction months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1 month year, (including demolition).
c. Approximate completion date of final phase month year.
d. Is phase 1 functionally dependent on subsequent phases? Dyes ONO
8. Will blasting occur during construction? Dyes ®No
9. Number of jobs generated: during construction ; after project is complete
10. Number of jobs eliminated by this project n/a
11. Will project require relocation of any projects or facilities? Dyes EkNo If yes, explain
12. Is surface liquid waste disposal involved? Dyes CRNo
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? Dyes ®No Type
14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes RJNo
Explain
15. Is project or any portion of project located in a 100 year flood plain? Dyes ONO
16. Will the project generate solid waste? Dyes ONO
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? Dyes ON
c. If yes, give name location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ONO
e. If Yes, explain
17. Will the project involve the disposal of solid waste? Dyes ONO
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? Dyes ❑No
19. Will project routinely produce odors (more than one hour per day)? Dyes (2No
20. Will project produce operating; noise exceeding the local ambient noise levels? Dyes *k'Jo
21. Will project result in an increase in energy use? ❑Yes ❑Nu
If yes , indicate types)
22. If water supply is from w,-11', indicaw pumping; capdrity gallonsjmuurte.
23. Total anticipated water usage per day gallons/day.
24, Does project involve Local, St,ite or federal funding' Dyes QNo
If Yes, explain Town of Southold Purchase of Development Rights
4
25. Approvals gequirysd: Submittal
*Type Date
City, Town, Village Board OYes ❑No Pnrnhaso of Tom Rights / __ter
City, Town, Village Planning Board Eyes ❑No _ Se-F—t�F � Ind->ItV1�PmcrAtTtcu�tr�,��30.Q7/
-City, Town Zoning Board Dyes ❑No
City, County Health Department KIYes ❑No _ _ 7/l/p�
Other Local Agencies ❑Yes $7No
Other Regional Agencies OYes $)NO
State Agencies OYes fclNo
Federal Agencies OYes KlNo
C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision? �EJYes ❑No
If Yes, indicate decision required:
❑zoning amendment ❑zoning variance ❑special use permit 173subdivision ❑site plan
❑new/revision of master plan ❑resource management plan ❑other
2. What is the zoning classification(s)of the site? _- R-80
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
13
4. What is the proposed zoning of the site? sa ma
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
_n/a gP11inci development rights
C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? %]Yes ON
7. What are the predominant land use(s) and zoning classifications within a '/. mile radius of proposed action?
R-80
8. Is the proposed action compatible with adjoining/surrounding land uses within a '/. mile? ®Yes ❑N
9. If the proposed action is the subdivision of land, how many lots are proposed? 1 new
a. What is the minimum lot size proposed? 2 acres
10. Will proposed action require any authorization(s) for the formation of'Sewer or water districts? OYes aN
11 . Will the proposed action create a demand for any community provided services (recreation, education, polic(
fire protection)? Dyes ER40
a. If yes, is existing capacity sufficient to handle projected demand? OYes ❑No
12. Will the proposed action result in the generation of traffic significantly above present levels? OYes K7Nc
a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑No
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any advers•
impacts associated with your proposal, please discuss such impacts and the measures which You propose to mitigate o
avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.Applicant,'Sponsor Name /,,Date `� 2-7/a2)
Signature Title
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedinj
with this assessment.
rw
PART 1—PROJECT INFORr.TION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant eff
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider
-as part of the application for approval and may be subject to further verification and public review Provide any additio;
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not invo
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec
each instance.
NAME OF ACTION
Booth ls;�
LOCATION OF ACTION(Include Street Address, Municipality and County)
Soundview Avenue Beulah Avenue S North Road; SoutholdSuffolk
NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE
Peconic Land Trust, Inc. I ( 6311 28 —3
ADDRESS
296 Hampton Road , PO Box 1776
CITY/PO i STATE ZIP CODE
Southampton NY ( 11969
NAME OF OWNER(it different i BUSINESS TELEPHONE
Edward C Booth Jr . et al j
ADDRESS
17235 So_undview Avenue
CITY/PO STATE I ZIP CODE
Southold I NY , 11971
DESCRIPTION OF ACTION
1/2 acre lot on Soundview Avenue to 1 . 5 acre lot on Beulah Avenue,
and set—off of 2—acre lot on Beulah Avenue
Please Complete Each Question—Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: OUrban Oindustrial OCommercial O$esidential (suburban) ORural(non-far
❑Forest ❑Agriculture )Mther
t'tA_5 la r,
2. Total acreage of project area: 0J51—AP . )_ S acres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) 0,5 . 112 _ acres acres
Forested acres acres
Agricultural (Includes orchards, cropland, pasture, etc.) acres acres
Wetland (Freshwater or tidal as per Articles 24, 25 of ECI.) acres acres
Water Surface Area acres acres
Unvegetated (Rock, earth or fill) acres acres
Roads, buildings and other paved surfaces acres acres
Other (Indicate type) acres acres
3. What is predominant soil type(s) on project site?
a. Soil drainage: IRWell drained 100 % of site ❑Moderately well drained 45 of site
OPoorly drained % of site
b. If any agricultural land is involved, how many acros of soil are classificd within soil group 1 through 1 of the N
Land Classification System? _,_,,_ acres. (See 1 NYCIZR 370).
4. Are there bedrock outcroppings on project site? Oyes IMNo
tea. What is depth to bedrock? (in feet)
2
5. Approximate percentage of > sed project site with slope%: sU'0.1 °I ❑ 10.15% <,
7T 015% or greater
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation,
Registers of Historic Places? Dyes X2No
7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ®N
8. What is the depth of the water table? (in feet)
9. Is site located over a primary, principal, or sole source aquifer? (Eyes ONO
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes ®No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangerec
Dyes nNo According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation:
Dyes $3No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area
Dyes $1V0 If yes, explain
14. Does the present site include scenic views known to be important to the community?
®Yes ONO
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name b. Size (In acres)
17. Is the site served by existing public utilities? Dyes QNo
a) If Yes, does sufficient capacity exist to allow connection? Dyes ONO ti
b) If Yes, will improvements be necessary to allow connection? Dyes ONO
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AF
Section 303 and 304? JU(es ONO
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article E
of the ECL, and 6 NYCRR 617? Dyes ONO
20. Has the site ever been used for the disposal of solid or hazardous washes? Dyes QNo
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor —_ 26 acres.
b. Project, acreage to be developed: 1-5- _ — acres initially; _J acres ultimately.
c. Project acreage to remain undeveloped acres.
d. Length of project, in miles: (If appropriate)
e. If the project is an expansion, indicate per(ont of expansion proposed %;
f. Number of off-street parking spaces existing proposed
g. Maximum vehicular trips generated per hour (upon completion of project)?
h. If residential: Number and tYlro of housing omits:
One Family Two Family "Aiduple family Condominium
Initially
Ultimately
i. Dimensions (in feet) of largest proposed structure height; - width: length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
3
2. How much natural mate( ., rock, earth, etc.) will be removed 10the site? tons/cubic yards
3. -Will disturbed areas be reclaimed? Dyes ONO ON/A
a. If yes, for what intend_.: purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? ❑Yes ❑No
c. Will upper subsoil be stockpiled for reclamation? Dyes ONO
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres.
S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
Dyes ONO
6. If single phase project: Anticipated period of construction months, (including demolition).
7. If multi-phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1 month year, (including demolition)
c. Approximate completion date of final phase month year.
d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO
8. Will blasting occur during construction? ❑Yes ®No
9. Number of jobs generated: during construction ; after project is complete
10. Number of jobs eliminated by this project n/a
11. Will project require relocation of any projects or facilities? OYes - CkNO If yes, explain
12. Is surface liquid waste disposal involved? Dyes [RN0
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? Dyes ®No Type
14. Will surface area of an existing water body increase or decrease by proposal? Dyes EdNo
Explain
15. Is project or any portion of project located in a 100 year flood plain? Dyes ❑No
16. Will the project generate solid waste?_ Dyes ONO
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? Oyes ❑No
c. If yes, give name ; locatibn
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No
e. If Yes, explain
17.. Will the project involve the disposal of solid waste? Dyes ONO
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? Dyes ❑No
19. Will project routinely produce odors (more than one hour per day)? ❑Yes ®No
20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes XIN0
21. Will Projectresult in an increase in erwrgy u,e? OYes ❑No
If yes. , indicate type(s)
22. If water Supply iS from w,!ll;, indicalr pumping capacity gallunslrninute.
23. Total anticipated water usage per day gallon./day.
24. Does prolect involve Local, Slate or federal funding/ Oyes (RNo
If Yes, explain
4
2S. Approvals Required: -� Submitta
.� Type Date
City, Town, Village Board 'Yes ONO
City, Town, Village Planning Board Byes ONo j-,- Livvte 41u)XVL- �_
City, Town Zoning Board ❑Yes )allo r -0
City, County Health Department KlYes ❑No T
7//n3
Other Local Agencies ❑Yes ENo
Other Regional Agencies ❑Yes $)No
State Agencies ❑Yes JDNo
Federal Agencies ❑Yes g)No
C. Zoning and Planning Information
1 . Does proposed action involve a planning.or zoning decision? :E7Yes ❑No
If Yes, indicate decision required:
Ozoning amendment ❑zoning variance Ospecial use permit Msubdivision Osite plan
Onew/revision of master plan ❑resource management plan Oother
2. What is the zoning classification(s)of the site? R-80
3. What is the maximum potential development of the site if developed as permitted by the present zonings
4. What is the proposed zoning of the site? _ samp
S. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
1
C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes C
7. What are the predominant land use(s) and zoning classifications within a Y. mile radius of proposed action?
R-80
8. Is the proposed action compatible with adjoin ing/surrounding land uses within a Y. mile? ®yes ❑.
9. If the proposed action is the subdivision of land, how many lots are proposed? _
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of'sewer or water districts? ❑Yes C$
11 . Will the proposed action create a demand for any community provided services (recreation, education, poli.
fire protection)? ❑Yes 111,10
a. If yes, is existing capacity sufficient to handle projected demand? Oyes ❑No
12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes SIP
a. If yes, is the existing road network adequate to handle the additional traffic? OYes ❑No
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adver
impacts associated with your proposal, please discuss such impacts and avoid them. the measures which you propose to mitigate
E. Verification
I certify Ihat the information providod ahoy is true to the best of my knowledge.
Applicant;Sponsor Name d Trush , Tnr Date `F Z_7/U�
Signature
Title DizQat:„r of Ge ab
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedii
with this assessment. Q
Submission Without a Cover Letter
Sender: fr�2i4�1 �vl'nrlEre �L
i
Subject: �QD/`f/ SSE% OFFS bf- Lo7 L.i f E 01-F^J6E
SCTM#: 1000-
Date: 91av103
Comments:
D E C E o E
! ? 2003 D� 8
Southold Town
Planning Board
ICANT
TRANSACTIONALi DTSCLOSIIRR FOAM --UT U" ie r" "f)` ` w/b
The Town or Southold's Code of Ethics prohibits conflicts of
interest On the part Of town Officers and employees The
Purpose of this form is to provide Information which can
alert the town Of Possible conflicts of interest and allow
It to take whatever action is necessary to avoid same.
YOUR NAME!
LC. �l / � o
(fast name, f r[ rat fame, middle ini 1 1, unless
you are applying In the name of someone else or
other entity, such as a Company. If so, Indtcate
the other person 's or company's name. )
NATURE OF APPLICATION: (Check a.11 that apply. )
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plat or official map
Other
(If "Other, " name the activity. )
Do you personally (or through your company, spouse, sibling,
Parent, or child) lave a relaLionship with any officer or
employee of the Town of Southold? 'Relationship" includes
by blood, marriage, or business interest. 'Business
interest' means a business, including a partnership, in
which the town officer or employee has even a partial
ownership of (or employment by) a corporation in which
the town officer or employee owns mforre` than 5% of the -�))
shares. C(J F711�,c�1N-71'IQ(.()u'V
YES NO �v WSIJUI ATJ1
If you answered 'YES, " complete the balance of this form and
date and sign where indicated.
Name of person employed by the Town of Southold P_-60
Title or position of that person f�6
Describe the relationship between yourself ( the applicant )
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe In the space
provided.
The town officer or employee or his or her spouse, sibling,
parent, or child is (check all that apply) ,
A) the owner of greater than 5% of the shares of the
corporate stock of the applicant (when the appliIs a corporation) ;
n❑ f�
B) the legal or beneficial owner of any In
noncorporate entity ( when 1:he applicant .LVI
corporation);
C) an officer, (3irecl;or, partner, or employ tI.e ?1jj3
applicant; or _
U) the actual a-pr+tcatrr. � i
�Qgelof L V Town
Soard
DESCRIPTION OE RELA'i•IONSIIII` '
j
Submitted tits day
i I•rinl: nmm� _ ��'/�(\/5����Y�(_�(_(�i� /O'__LS�_yl�l,(.-��.(/�� � /�
�"�,!
\� � 1 UJV1i")7 �ClVI 4l'✓v4/�G'1� I w l �,,_S
• TRUST20hq •
N
A
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�41
C OUR HERC(PO July 11, 2003
Honorable Bennett Orlowski, Jr.
Town of Southold Planning Department
53095 Main Road D
PO Box 1179
Southold, NY 11971
J U L 1 4 2003
Re: Booth,Sot erff& Lot Line Modification
SCTM#'s : 1000-51-2-7 & 8 Southold Town
Planning Board
Dear Chairman Orlowski:
Per my discussion with Mark Terry, enclosed please find revised application forms and
EAF's for the above-referenced projects as well as two, $250 checks for the corresponding
application fees. The maps and owner's endorsement form were submitted with the original
application.
As you know from our work session discussions, the Booth's are selling the development
rights on 22.8 acres of the 28.36 acre property (SCTM#: 1000-51-2-8). As shown on the map, a
2-acre building envelop will be retained on Lot 1 (24.86 acres total). A 2-acre lot will be set-off
from the original parcel (Lot 3).
With regard to the lot line modification(SCTM#: 1000-51-2-7), the plan calls for moving
the approximately 0.5 acre parcel to the 1.5 acre lot identified as Lot 2 on the map.
Thank you for your facilitation of these conservation projects. If you need any additional
information,please do not hesitate to contact me at 283-3195 ext. 26.
Sincerely,
Marian P. Sumner
Director of Conservation Programs
cc: Mark Terry
296 Hampton Road / PO Box 1776 / Southampton,NY 11969 / 631-283-3195 Fax:631-283-0235 / www.peconiclandtrust.org
LASER FICHE FORM
SUBDIVISIONS
Project Type: Lot Line Chanqes
Status: Conditional Sketch Approval
SCTM # : 1000 - 51 .-2-7
Proiect Name: Booth, Edward Lot Line
Location: The property is located n/o CR 48, w/o Mt. Beulah Avenue and s/o
Sound Avenue, in Southold.
Hamlet: Southold
Applicant Name: Edward Booth
Owner Name: Edward Booth
Zone 1: R-80
Approval Date: y'/�i 5 �rD/ L"(Jn-,5 /1-7lfc�?r770'-�ol 1;40
PLAT Signed Date:
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2: Zone 3:
C and R's :
Homeowners Association :
R and M Agreement:
Address:
County Filing Date:
Q
SCAN Date: nt
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
HAUPPAUGE, N.Y.
DATE
n
THIS IS TO CERTIFY' THAT THE PROPOSED REALTY SUBDIVISION OR O A
DEVELOPMENT FOR IN THE �/—
WITH A TOTAL OF LOTS WAS APPROVED
ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL e�WaY
FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT
AT THE TLNE OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE
PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE
VALID ONLY IF THE REALTY SUBDIVISION /DEVELOPMENT MAP IS
DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE.
CONSENT/S HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH
THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK/N w. mop• rL° rwwr
CEeava CEa5P00L lOO'• YELL CE86M01. laa�
ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE � U x1 —� '
SUFFOLK COUNTY SANITARY CODE. ,P ,y� rah I I oyL
° "p 1 VACAN J wv.L e
5 :RICHT OF WAY OjC(E
VITO A. M/NEI, P.E. \ 1 f r \ / -
DIRECTOR, DIVISION OF ENVIRONMENTAL OUALITY / MT BEULAH —� `;'J \� AVENUE :\788.Bq YDEE01— —
j S. 1-56'40• E.
1073.71• \\ ��— \\ 305.41, y v y �Ll{ (Joe 72'
you \ \ ^�\ W m \
\ $ M \ O
A
1 HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM O 3 — O \ KEY MAP
ACTUAL SURVEYS COMPLETED 6/02/63. THAT ALL MONUMENTS W \ p o I` O \ _ r
SHOWN THUS, ! ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY \ I i \-__-__ 8C8I@� 1rr= 6OO
SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. I g \ \ �• \ '
JOHN T G , N.Y.S. L.S. LIC, NO. 49618 \ u 11 I / Y I 305.41' _, �a 101.21, I \\ A O
U! tiQ
/ / 1/. 1'56I40' W / / \ 406.62' \\\ Nag,
THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED
BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION \ , s°^ �`\ ~O a ' / I \ I �� / ON 2�0 ��
OF APPRO VAL DATED , I F. O �� / I ` \ - _�' NP N/ OO• m -
NI \ � ' �h Br7'F
BY
CHAIRMAN PLANNING BOARD
G
t0
Pea�err WELL CAP 90 yol.
Ir STORAGE
flw.ceD 1AWA°E TAM/
to
kHj0U /00M TEST
> WGROLAN9ATER iWATA "E AOAPTQt
a'',,"r arm cAINa \ ' / j i 500•p0 I \\ L OT LINE MODIFICATION
POLYaTAAA{aaP,rm +A,Man' hry & SET OFF
�_ =r-14 j4 4'30' ISO FOR
- WELL DETAILS I `I �--'- ��� I ,' i ,'
EDWARD BOOTH
R ° " ° AT SOUTHOLD
TYPICAL PLOT PLAN ,- vc j 465•D5' TOWN OF SOUTHOLD
/ 2 or 3 Pool Se & S 6tem De endln \\ /' �" n- c.r r
on the depth to ground rarer P g w / ,' -' of C j266.0�; IVEEvI SUFFOLK COUNTY, N. Y.
o ; o y oo ';�/ WAY 26T D 1000 - 51 - 02 - 07 & 08
I HEREBY CERTIFY THAT THE WATER SUPPLY(S) ANDIOR SEWAGE DISPOSAL SYSTEAWSI FOR THIS PROJECT r i ,� o m w O =3 \ RIGNr/ OF SCALE.- 1rr= 1OOr
WERE DESIGNED BY ME UNDER MY DIRECTION. BASED UPON A CAREFUL AND THROUGH STUDY OF ;� i m ai 0 '�� 2I'1 \ o ?a,—. �r�' '
THE SOIL, SITE AND GROUNDWATER CONDITIONS ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY n ' , gp0.Oo' \ �',�
DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS /N EFFECT AS OF THIS DATE.
�q JUKE 20,2003
DATE ._ `� �' SEPT. 22,"2003 ( rev/sion 1
OCT. T, 2003 ( revlslon I
JOSfP FISCHETTI, P.E. LIC. NO. 052510 ray O . \ g N j A 24,30' W. w0/F dr K 0
4GANT
�0P(tIA TEST HOLE EL. 25 OCT. 29, 2003 f Terl ha/w
300.00 I
N
N/ /F m� brnwn.
CONTOUR LINES ARE REFERENCED TO H•y OEPp US, OL 11
FIVE EASTERN TOWNS TOPOGRAPHIC MAP
\& C% ELLIS \ Brown dfly 2 pp 2
WELL 3 OL c/oY CPS' LS V LS D
CE 5
150. cL D
10.6' OCT — 1 2�04
Walar /n brown
My clay
Southold sown
NUMBER OF LOTS = 3 CL 15' Plannin eoam
ZONING DISTRICT AC
SCHOOL DISTRICT SOUTHOLD walar m
FIRE DISTRICT SOUTHOLD brown ran. I
CERTIFIED TO, to coerce
EDWARD C. BOOTH sand SW On. NEW),,
9 �
TOTAL AREA = 28.3647 acres AOUEBOGUE ABSTRACT CO.NORTH FORK BANK +21. S °a�
ANY AL TERAT/ON OR ADO/TION TO 7M SURVEY IS A VIOLATION
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS
SA/OHEREM1 AP aGWR RE L��S%EAR TrHIS ffA"7SSEO SEA�ETH ONLY
OWNERS
WHOSE a;7URE APPEARS HEREON. EDWARD C. BOOTH PECONICI SURVEYOR ,
ADOTIONA4LY TO COMPLY WITH SAID LAW TERM 'ALTERED BY " 17235 SOUND VIEW AVENUE _ (63I1 76 - 5020 FAX ! - 1797
MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY SOUTHOLD, N.Y. 11971 P. O. B X 909
OF ANOTHER SURVEYORS MAP. TERMS SUCH 'INSPECTED 'AND ET
VELER STRE RA
BROUGHT - TO - DATE 'ARE NOT W COMPLIANCE WITH THE LAW, 1280 1230SOU A N.Y. T RE
I
F
03 — 172