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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 191WA , r A �`.. APB c AT...AAa ,. AA A Are Mar raa r rr AAA Ac wa:a a 4 p/ �' FdMS'A AAWNW wr AAk'MAApm rw A 8'dM1r Add!'p'. V � � meW+ � �y d' ,.,._„,..,.. .....,,� "^"'m.,,..✓"'"� � „�,w:.. 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WNiI APMOVAt.DAr�� bOF"ply.`N"�b�rA✓Cd'�" Yd!�iidd'f�",AJ Aw «L� "ate 'GWL«d5 r69 CM'7d0'"k'Yb r X"YA': d'"CAM'9Gd5 ';' ry, �`""]` q( 155,E A a r tl FILED a�umA _... ^`"•,, M ,""'gym 0 u , " AM1WP1. A�6'CL CaMN"pr V V' 6 p r ,..�.... ` .� '"�" ,,,„� d �,•' wo ,w,•^' V 'N,. _,....�,, � 1N 4;A' '4hhh", "'ptl" { ED JUL �y�yg eA��AamM+rwc .." ,�.�.....,M d� .,,.w�•g, OO ft YAW F A'ALr N'"'"# "" y fiLC/5`71"!it :"stVi47"Y1.5" 1✓/5`K7/W�.�mrr �,._� � ��� ?� �.�.. ��.,.Y.- r� "�w��� AAA '" .,.... ,A✓ FCAR 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, N (' r A AAp a.cAAr AsAs cr'r DATE, .,, Y�OgW A C r � .xa ar AAr cr a� w ,. T'7fM NC:&,C,`a M0.B71"�L,'4MP41 .... ,. '"•'.A aA^ '' w. •.« GK`7'T 1'O:aA r w.aa mA a A� m„ AM 20,200 dompw AAA1 kC ¢,Fu R� ' xAAr wAAA AM.Am.. A ................ A rcm k.0,,"AOO+W er�NvwaoA e rraA �A saw PdMwvaAlua�wr F a»wwm met er, drMwpMMp a ar 4AWS AO W AVIA9z CAA ,W ' ter t f'dM1Pp'i CAST OW TOWNS AW ^ . tea* a to"coo NUMBER OF d.C'C's 3 °w?r^dRNo!,n 9AASrRCT AC Ft RC tarsMr""A" CrOU7'''OLD ��w araAraN°�Aa raM �°""""" AMA TOTAL AREA ».'7 $84T act" A Cl roll aw AAAa'wrm a Aw aA 160 rA PAw A MAA M NNW I aA�{x rmAa nVirmax A c, AL rH CAM Anna s A wed "MAW C A'*rif A AAFMC"11A�I 6' IA' dt�' Ate`-OGu�!O P'ANX CgP'O!'A P"VA;A w d�K77" O rrA.a rApw�,rovq K�da "e, As,,M MhMp°� .�4.avF'MevaOLa Mw,r„ AaAX, a low, dP aS'arQ;OA."',w9K rA a' r PAard ' NIMLING ADDRESS: PLANNING BOARD MEMBER t1't} z�OF-"$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 �leaxax Jlaxullnx :/ Sum J5,or Xwo( I./ PBS Jwc1ir ✓�eu �Y 11971 Ali IV /AVM NO O L5 J7C71 �� ;�l / If) r%;vL CF Ty5 Rb9f)O 5 (;P, :e� 4_ .t rlt_ �� F/,� Tc`�N y�=hAS �1 0� vC K r ice N k, PROFS RI � FO ;J � N` Ek 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. 5802 t-fa-go . •� N � � � • oo rn p 0 v� � nN z o O v ) " Q , o y p � n ° co C? 0 _ °' c 5 - , C 0 � �D y `1 fu co 0 0Lio 1 O n o oM. CD ( N Z ■ c' " R :1 1 O cn rt �. -O0 o rn O S 3 N 7 O_ O N 0 C. � C N S �a S?o p 0) C rt� M >�/ i O S S r _ ♦o j3CL m � O V S (71 O S Z I 3 ■ C1 (D rn W _ y W CD ■ ■ O O N 0o -0 � v r m � m 3 y r� rt'IL -h ■ W � O c N �C rt I Cl) O N O fOp O O Z ) CD O O * 6 h S s C • • 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- i p d ' f? 1�/G !•� I I1� JZv_✓tnf ('I h�111^� U� h o- nn �k'rl..wyr,°`�'1'�„u..[�I 0-�/`QG± ''� -fie^- G°-z i 1 1;V'w(��v�X -�;�` ydu i�, flte ````�l���e�rl-�x /� r�Fr✓��i� 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 & N �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