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I HEREBY CER / Y THAT' THE WA TFR 3U)-PL YIS' AND/OR SEWAGE DISPOSAL
ROAD SYSTEM(SJ FO T lS PROJECT WERE DESIGNED BY ME OR UNDER MY ORELTION S FOLK COUfdl 1
BASED �ON UPN A UL AND THOROUGH STUDY OF THE SOIL SITE AND L
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SITE DATA ISMO J' �.Ii Os% I SUBJECT TO COVENANTS & RESTRICTIONS PAGE
I�'7
NUMBER OF LOTS = 2 G'// isooLa ig4s 'AL( S�
ZONING DISTRICT = R-80a°
SCHOOL DISTRICT SOUTHOLD y \ ,�� THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED
FIRE DISTRICT = SOUTHOLD cq \ i / 3t BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION
'l�j. , C / APPROVAL DATED
APPLICANT, `/ / ti� BY
PECONIC LAND TRUST F�I �` CHAIRMAN PLANNING BOARD
P.O. BOX /776 `z
SOUTHAMPTON, N.Y. 1/96.9
TOTAL AREA = 8.054.6 Acres 10 fie lines dos` y
LOT / = 2.0000 Acres •9 s!s '� I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM
LOT 2 = 6.0546 Acres �i ,q� ACTUAL SURVEYS COMPLETED 4129103 r THAT ALL MONUMENTS
F \ �4sq, SHOWN THUS, a ACTUALLY EXIST AND THEIR POSITIONS ARE CO Y
SHOWN AND ALL EN�SII yOfN L AND GEODETIC DETAILS ARE C ,
�,�S.ME
JOHN T. METZ , N.Y.S. L.S. LIC, NO. 496/8
* �t
` APPROVED BY
SUBDI VISION MA P
PLANNING 30APA
FOR TOViIA Of SOJ'iHCLD
COASTAL EROSION HAZARD LINE FROM EDWARD BOOTH �� �,?00 s'
COASTAL EROSION HAZARD AREA MAP �y DATE
PHOTO AI 55-578-83 AT SOUTHOLD
CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO TOWN OF SOUTHOLD ' 1
THE FIVE EASTERN TOWNS TOPOGRAPHIC MAPS
SUFFOLK COUNTY N. l�.��_� � �1 ��
Y _
l000- so - 02 - is �'�'
LI _
TOTAL AREA = 8.0546 acres to tie linea loo loo AUG 2 5 2005
SCALE P = l00'
ANY ALTERA W Q4 I TWrr TO T?W .I I VEY Is A VIOLATION JUNE 10, 2003
OF SEC ,yy 7203 TAE AE11' YAOf iTA f LAW. - Dec /7, 2003 /Iasi halal
EXCEPT AS PIy,R¢gLS�pECng4 7[p,9 SI,�,jA " ^" TIgyB Dec 17, 2004 /ost hole)
HM
. 417tA1[ `.IM""P
M July 6, , 05 (Ndlilop
Aug. 3, 2003 (,.w:lona N.Y.S. LIC. NO. 49618
Apppt PECONIC SURVEYORS, P.C.
WP LLY T�Y N M 7�A,W. P.30 BOX 90920 FAX L63/1 765 - 1797
1230 TRAVELER STREET
SOUTHOLD, N.Y. l/97/
03 - 154
MAILING ADDRESS:
PLANNING BOARD MEMBERP.O. Box 1179
JERILYN B.WOODHOUSE
o��OF SOUlyol Southold, NY 11971
Chair 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 �lif AM
Southold, NY
Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 8, 2005
Ms. Marian Sumner
c/o Peconic Land Trust
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Standard Subdivision of Edward Booth
The property is located on the n/s/o Sound View Avenue,
1,669' e/o Lighthouse Road, in Southold
SCTM# 1000-50-2-15 Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, November 7, 2005,
adopted the following resolution:
WHEREAS, this proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1
equals 2 acres and Lot 2 equals 6.0546 acres; and
WHEREAS, on September 12, 2005 the Southold Town Planning Board granted
conditional final approval on the maps dated June 10, 2003 and last revised on August
3, 2005, subject to the following conditions; and
WHEREAS, an application and fee for final plat approval was submitted to the Planning
Board on October 13, 2005; and
WHEREAS, the applicant has satisfied all of the conditions required by the conditional
final approval granted by the Planning Board on September 12, 2005; be it therefore
RESOLVED, that the Southold Town Planning Board grant Final Plat Approval upon
the map prepared by Peconic Surveyors, PC, dated June 10, 2003 and last revised on
August 3, 2005, and authorize the Chairperson to endorse the maps.
Upon endorsement by the Chairperson, the mylar maps must be picked up at this office
and filed in the Office of the Suffolk 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.
Booth Subdivision Page Two November 8, 2005
If you have any questions regarding the above, please contact this office.
Very truly yours,
enlyn B. Woodhouse
Chairperson
encs. 3 paper & 3 mylar maps
cc: Town Clerk (w/paper map)
Building Dept. (w/paper map)
I IIIIIII IIII VIII VIII VIII IIID VIII VIII VIII IIII IIIc
111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP Recorded: 10/13/2005
Number of Pages: 4 At: 02 :06: 01 PM
Receipt Number : 05-0107634
LIBER: D00012414
PAGE: 339
District: Sec ion oc ot:
1000 050 .00 02 . 00 015 . 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 $30 .00 NO
SCTM $0 . 00 NO
Fees Paid $72 .00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
-
Number of pages
c GOf2L"'E['
260S 0---t 13 02:06:01 R1
TOR'RENS
Eddaro F.k;�rcnaine
'LEk:k OF
Serial# 5tlr`Pu R: ODjiJ.%
b6c'012414
Certificate# 0 339
Prior Ctf.#
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
4 FEES
Page/Filing Fee Mortgage Amt. —
Handling 1. Basic Tax —
TP-584 2.Additional Tax
Notation Sub Total
EA-52 17(County') Sub Total Spec./Assit.
Or
EA-5217(State) Spec./Add.
RP.T.S.A. .yU� TOT.MTG. TAX —
Dual Town Dual County
Comm. of Ed. 5 OQ_ "Held for Apportionment
Affidavit �+ Transfer Tax —
M � V
Mansion Tax
Certified Cop �_ � The property covered by this mortgage is or
Reg. Copy / i will be improved by a one or two family
i Sub Total J dwelling only.
Other _ _ YES or NO
If NO,see appropriate tax clause on page
GRAND TOTAL #
of this instrument.
SRIerty Tax Service Agency Verification 6 Community Preservation Fund
Section B lock Lot Consideration Amount $
01 CPF Tax Due S
Improved
Vacant Land
7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD
RECORD&RETURN TO:
TD
vtay-� SL'Ltmr^& TD
p6uur« ( tea Tvus-�
r� ►'fix t776
SvwlProwy�ivr�t � tt�tcc�
F
Title Company Information
Name
e#
9 Suffolk County Recording & Endorsement Page
This page fonnspart of the attached
made by;
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the Township of < 1hjN jptt;
In the VILLAGE `
or HAMLET of Sp t{InC�p
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(OVER)
DECLARAAN OF COVENANTS & RI*TRICTIONS
THIS DECLARATION is made this day of_BIZ,2005 by Edward C. Booth residing at
175235 Soundview Avenue, Southold,NY 11971, hereinafter referred to as the DECLARANT;
WITNESSETH:
WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of
Soundview Avenue,Town of Southold, Suffolk County,New York,more particularly bounded
and described in Schedule 'W' attached hereto (hereinafter referred to as the Property);and
WHEREAS,the DECLARANT has made an application for and have received conditional
approval from the Planning Board of the Town of Southold to implement a subdivision,as
shown on the Final Plat—Subdivision for Booth prepared by Peconic Surveyors, P.C.last dated
July , 2005 which will simultaneously be fled 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 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 DECLARANT has considered the foregoing and have determined that the same
will be for the best interests of the DECLARANT and subsequent owners of said parcels;
NOW,THEREFORE,THIS DECLARATION WITNESSETH:
That the DECLARANT, for the purpose of carrying out the intentions above expressed, does
hereby make known, admit,Itpblish,covenant and agree that the said lets 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:
1) Lots 1 and 2 on the approved map are subject to a 50' wide non-disturbance and
no-grading vegetative buffer from the top of the bluff line. Said buffer shall
remain undisturbed with the exception of the removal of dead or noxious
vegetation. Such removal of vegetation shall only be permitted subject to the
approval of the Town of Southold Trustees and the New York State Department
of Environmental Conservation
2) Lots 1 and 2 on the approved map are subject to a 100' wide non-structural buffer
from the top of the bluff line. No new residential structure or sanitary facility
shall be constructed or otherwise located within 100' landward of the top of the
bluff.
3) Prior to any construction activity, the project will require a general permit for
Strom-water Runoff from Construction Activity(GP-02-01)administered by the
New York State Department of Environmental Conservation under the Phase 11
State Pollutant Elimination Discharge System(SPEDS) Program
4) Pursuant to Chapter At 06-65 of the Southold Town Code,the clearing restriction
for Lot 1 is 35%and for Lot 2 is 15%.
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 sane shall not affect the validity of these covenants as a whole or
any other pan or provision hereof other than the part so adjudged to be illegal,unlawfid,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 DECLARANT
and his 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 it majority plus one vote of the
Planning Board of the Town of Southold or its successors,after a public hearing.
IN WITNESS WHEREOF,the DECLARANT above named has executed the foregoing
instrument the day and year first written above.
.FP1 t C.
By: Edward C.Booth
STATE OF NEW YORK)
ss.:
COUNTY OF SUFFOLK)
On the di--day ofCba+'�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 unstrnmZem 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 be the
instrument.
MELANIE OOROSIQ
NOTARYo a1C State ofNow
�
Qualified in Suffolk County Notary Public: State ofNew York
Commission Expires Septemher 30,2a6
I
Fidelity National Title
INSURANCE COMPANY
TITLE NO. 05-7404-61440.SS-SUFF
SCHEDULE A
ALL the certain plot, piece or parcel of land lying and being at
Southold in the Town of Southold, County of Suffolk and State of
New York being bounded and described as follows:
BEGINNING at a point on the northeasterly side of Sound View
Avenue distant 1669 feet southeasterly from the intersection of
the easterly side of Lighthouse Road with the northeasterly side
of Sound View Avenue, said point being where the easterly line of
land now or formerly of P.J. and J.A. Petrie intersects the
northeasterly side of Sound View Avenue;
RUNNING THENCE along the easterly line of P.J. . and J.A. Petrie
the following two courses and distances:
1 . ) North 27 degrees 42 minutes 30 seconds East 477.96 feet and
2 . ) North 10 degrees 13 minutes 50 seconds West 143 . 90 feet to
the high water mark of Long Island Sound;
Y
THENCE along the high water mark of Long Island Sound on a tie
line the following two courses and distances:
1.) South 61 degrees 12 minutes 10 seconds East 485. 09 feet;
2 . ) South 68 degrees 52 minutes 20 seconds East 81 .73 feet to
other lands now or formerly of Booth;
THENCE the following three courses and distances along other
lands now or formerly of Booth: .
1 . ) South 14 degrees 46 minutes 40 seconds West 98 .73 feet;
2 . ) South 17 degrees 57 minutes 20 seconds West 221.24 feet;
3 . ) South 20 degrees 28 minutes 20 seconds West 401 . 12 feet to
the northeasterly side of Sound View Avenue;
THENCE along the northeasterly side of Sound View Avenue, North
50 degrees 51 minutes 50 seconds West 600.06 feet to the point or
place of BEGINNING.
24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600 • Fax: (631)727-0606
TI115 PFOP05AL I5 TO SEP OFF A 2- ACRE PARCEL FROM AN EXISTING
ACRE PARCEL LOCATED ON _
IN SCTM# 1000-Jry L" 1
SET OFF
Complete application received NfVr. 0 �r,n �I2S�D3
„`^ �K
Application reviewed at work session �4s'.tu.z--
AAL oK
'I O
Applicant advised of necessary revisions
Y
N U
Z AAL
Revised submission received
U ,ro.` OK
U o
Cn >1
Sketch plan approval If
-with conditions i-'i 03
a
0 Lead Agency Coordination
.P SEQRA determination I D 5 03
j
-04) 03
Sent to Fire Commissioner 3
N d Receipt of firewell location D
N Notification to applicant to include on final map
o
0
00 CIO
0
o �uoL ❑,
�
CIO Sent to County Planning Commission "ro, oK
n yi z "ooL
Receipt of County Report
N N
o ¢' Review of SCPC reportFA
b4
_
CL W Draft Covenants and Restrictions received6
OK
¢ di
i
i
d R
t
C
f
Drat Covenants and reviewed
m o ,xro. OK
Filed Covenants and Restrictions received
1 Receipt of mylars and paper prints with
Health approval
Final Public Hearing
ail Approval of set off -
-with conditions
----"� 'Pf1 R K .4- PL H 1"G kou rYTJ�E%..Fr — :Jr0o0�
Endorsement of set off
C�u
PLANNING BOARD MEMBEO �gUFFO(,�c •
BENNETT ORLOWSKI,JR. Q�' QG Town Hall, 53095 State Route 25
Chairman �� y� P.O. Box 1179
WILLIAM J.CREMERS o Southold,New York 11971-0959
KENNETH L.EDWARDS W ,? Telephone (631) 765-1938
GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136
RICHARD CAGGIANO yifJOl IVft -
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Subdivision Application Form
Name of Subdivision: Booth Set-Off
Suffolk County Tax Map # 1000- 5V-2-15
Type of Subdivision: Major Minor (Set-Off) Lot-Line
Cluster Subdivision: Yes (No)
Hamlet: Southold
Street Location: Soundview Avenue
Acreage: 8 .05 acres D
NumberofLots: 2 proposed
Sa_ii,oVd Town
Zoning District: R-80
Date: 6/30/03
Please list name, mailing address, and phone number for the people below:
(Edward C. Booth, Jr . et al )
Applicant: Eriwarli ( _ RnntN� FAwarA r _ Rnaf-h Sr _ Patriria Rooth
Michael S. Booth, Maraot W. Booth and Katherine B.
Booth , 17215 RnnnAview Avenue , SLuttbold , my 11Q71
631-765-3556
Agent handling the application: Peconir T.and Trust Tnr./Marian P . summer
(Contact Person) PO Box 1776
Southampton, NY 11969
631-283-3195 ext . 26
PropertyOwner(s): sae Apn1 irant
Surveyor: John Motzgec
_Peconic Surveyors
PO Box 909
Southold NY 11971
631-765-2954
Engineer:
.Tn c_ arh FiaChat.h.i
P_0 Box 616
Southold, NY 11971
631-765-2954
Attorney: Rudolph H. Bruer , Esq.
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
Conservation Easementto PLY`
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
' • PART 1—PROJECT INFORNWION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effel
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 involl
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specii
each instance.
NAME OF ACTION
Booth Set—Off S,pbdivision
LOCATION OF ACTION(Include Street Address, Municipality and county)
Soundview Avenue _
NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE
Peconic Land Trust Inc. I t63D 283-3195
ADDRESS
8 -
AODRESS
296 Hampton Road, PO Box 1776
CITY/Po STATE ZIP CODE
Southampton NY 111969
NAME OF OWNER(It different) i BUSINESS TELEPHONE
Edward C Booth Jr . et al ( )
ADDRESS
17235 Sti_u_ ndview Avenue
CITYIPO - STATE ZIP CODE
Southold NY 111971
DESCRIPTION OF ACTION
Set—Off of 2—acre lot from 8—acre lot . Applicat-ion
is granting conservation easement on 6-acre remainder, as well
as adjacent 5—acre parcel to reserve remaining development righbs.
(keeping 2 existing) .
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 04
,pdential(suburban) ❑Rural (non-farr
❑Forest ❑Agriculture X$Other _firm bu> __-_-i diners and aaGt nr_e
2. Total acreage of project area: __Eacres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) -_ acres acres
Forested acres acres
Agricultural (Includes orchards, cropland, pasture, etc.) '7 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 1 acres acres
Other (Indicate type) acres acres
3. What is predominant soil type(s) on project site?
a. Soil drainage: IRWell drained 100 90 of cite ❑Moderately well drained 90 of site
GPDorly drained % of site
b. If any agricultural land is involved, how many acres of sod are classified within soil group 1 through -I of the N'
Land Classification System? .7- acres. (See 1 NYCRR. 370)_
4. Are there bedrock outcroppings on project si(e.? GYes iINo
�. What is depth to bedrock? (in feet)
2
•3. Approximate percentageof�osedproject,itewithslope : �0.1� 7 . 5 9� ❑10-15°0 °r
015% or greater 0 . 5
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 XSNo
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? ®Yes ONo
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes ®No
11. Does project site 7�contain any species of plant or animal life that is identified as threatened or endangered L
❑Yes No 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_
Mes ONo Describe C1 i f
13. Is the project site presently used by the community or neighborhood as an open space or recreation area
❑Yes R7Vo 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 r ring Tel Anti Snund b. Size (In acres)
17. Is the site served by existing public utilities? ❑Yes (BNO
a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ONo ti
b) If Yes, will improvements be necessary to allow connection? ❑Yes ONo
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AP
Section 303 and 304? -7E3d'es 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? Oyes ONo
20. Has the site ever been used for the disposal of solid or hazardous waste*?- Oyes @No
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 _33 acres.
b. Project. acreage to be developed: 2 acres initially; 2 + eZi i naacres ultimately.
c. Project acreage to remain undeve!oped 4 acres.
d. Length of project, in miles: (if appropriate)
e. If the project is an expansion, indicate pervent of expansion proposed %;
f. Number of off-street parking spaces existing proposed
g. Maximum vehicular trips generated per hour (upon completion or project)?
h. If residential: Number and type of housing units:
One Family Tsvu Family Multiple Family Condominium
Initially 2
Ultimately 2
i. Dimensions (in feet) of largest propowd structure height: width: length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
t
3
2. How much natural utaterio.e., ruck, earth, etc ) will be removed * the site? tons/cubic yards
3. Will disturbed areas be reclaimed? Oyes ONo ONIA
a. If yes, for what intend— purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? ❑Yes ONo
c. Will upper subsoil be stockpiled for reclamation? Oyes ONo
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
Oyes FENo
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
B. Will blasting occur during construction? OYes ®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? ❑YesCINo If yes, explain
12. Is surface liquid waste disposal involved? OYes 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? Oyes (RNo Type
14. Will surface area of an existing water body increase or decrease by proposal? GYes 6dNo
Explain
15. Is project or any portion of project located in a 100 year flood plain? OYes ONo
16. Will the project generate solid waste?. OYes 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? Oyes 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? Oyes ONo
19, Will project routinely produce odors (more than one hour per day)? OYes 12No
20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes 13NO
21. Will project result in an increase in energy u%v? GYes 0 N
If yes , indicate types) _
22. If water supply is from well;, indicau• pumping capacity gallons/minute.
23. Total anticipated water usage per day gallons/day.
24. Does project involve Local, State or I vderal funding) dyes &No
If Yes, explain - - -_
4
- w
25. Approvals Required: • Submittal
Type Date
City, Town, Village Board ; Yes XX40
City, Town, Village Planning Board NYes ❑No SPE-off-off
-City, Town Zoning Board ❑Yes ❑No
City, County Health Department KIYes ❑No Set-Off
Other Local Agencies ❑Yes $)No
Other Regional Agencies ❑Yes L]No
State Agencies MYes f3No Potentially DEC
Federal Agencies ❑Yes K)NO
C. Zoning and Planning Information
1 . Does proposed action involve a planning.or zoning decision? ']Yes ❑No
If Yes, indicate decision required:
❑zoning amendment ❑zoning variance ❑special use permit Bsubdivision ❑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?
4
4. What is the proposed zoning of the site? Ramp
S. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
4
/ 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 131Yes ON
7, What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action?
R-80
8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? ®Yes 0I
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-lever or water districts? ❑Yes aN
11. Will the proposed action create a demand for any community provided services (recreation, education, polic
fire protection)? ❑Yes ONo
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 $7Nc
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 c
avoid them.
E. Verification
certify that the information provided above is true to the best of my knowledge. �7/
Applicant/Sponsor Name Date e)
Signature _
Title r' F a n.. n.-
If the action is in the Coastal Area, and you are a state agency, cnmplele the Coastal Assessment Form before proceedint
with this assessment.
5
Town Of Southold
• P.O Box 1179 •
Southold, NY 11971
* * * RECEIPT * * *
Date: 10/17/05 Receipt#: 6994
Transaction(s): Reference Subtotal
1 1 Park& Playground Ed-2-15 $5,000.00
Check#: 6994 Total Paid: $5,000.00
Name: Booth, Edward
17235 Soundview Ave.
Southold, NY 11971
Clerk ID: LINDAC Internal ID:5e-2-15
' , • • MAILING ADDRESS:
PLANNING BOARD MEMBERS �OP.O. Box 1179
JERILYN B.WOODHOUSE F �OVry Southold, NY 11971
O� Q
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
KENNETH L. EDWARDS G Q 54375 State Route 25
MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.)
GEORGE D.SOLOMONOIiYCOW Southold, NY
n 11 Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
To: Elizabeth Neville, Town Clerk OCT 17 2005
From: Planning Department Southold Town Clork
Date: October 17, 2005
Re: Check(s)
Enclosed herewith is/are the check(s) listed below. Please return a receipt to us.
Thank you.
Project Name Project Type SCTM # Amount Check #
Edward Booth Stand. Sub. 50-2-15 $5,000.00 6994
P & PFee
enc(s).
• • MAILING ADDRESS:
PLANNING BOARD MEMBERSQF SOP.O. Box 1179
JERILYN B.WOODHOUSE O�� Gr�Q! Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L.EDWARDS co Q 54375 State Route 25
MARTIN H.SIDOR %I � Ap�� (cor. Main Rd. &Youngs Ave.)
GEORGE D.SOLOMON �iYCOU,M'� Southold, NY
11 I 1 Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Elizabeth Neville, Town Clerk
From: Planning Department
Date: October 17, 2005
Re: Check(s)
Enclosed herewith is/are the check(s) listed below. Please return a receipt to us.
Thank you.
Project Name Project Type SCTM # Amount Check #
Edward Booth Stand. Sub. 50-2-15 $5,000.00 6994
P & PFee
EDWARD C. BOOTH5-13/110 6994
PATRICIA S. BOOTH 0052751539
17235 SOUNDVIEW AVE. DAM
r ZOUrHHOLD, NY 11971-2839
PAYE 1 -
ORDERER $
DOLLARSAf
8' F
w
MEMO �� �� I
+1:0 100013 0527 5 639u■ 6 994
0 • MAILING ADDRESS:
PLANNING BOARD MEMBERS �QF so P.O. Box 1179
JERILYN B.WOODHOUSE O� y0Southold, NY 11971
Chair h o
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L.EDWARDS G Q 54375 State Route 25
MARTIN H.SIDOR %�� �� (cor.Main Rd. &Youngs Ave.)
GEORGE D.SOLOMON �yCOUKtv,N Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Elizabeth Neville, Town Clerk
From: Planning Department
Date: September 15, 2005
Re: Check(s)
Enclosed herewith is/are the check(s) listed below. Please return a receipt to us.
Thank you.
Project Name Project Type SCTM # Amount Check #
Edward Booth 9tg4R Sub. 50-2-15 $500.00 6973
Final Plat Appl. Fee
EDWARD C. BOOTH 9052751639 6973
PATRICIA S. BOOTH
17235 SOUNDVIEW AVE. DATE—A/41 .
S�HOLD, NY 11971-2839
PAY THE __ A
k ORD OF $
a 1
6
DOLLARS e
0 Fleet
MEMO
I:Oii00 �. �2 �S516391I' 6973
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * " RECEIPT
Date: 07/21/03 Receipt#: 6837
Transaction(s): Subtotal
1 Application Fees $250.00
Check#: 6837 Total Paid: $250.00
Name: Booth, Edward C. & Patricia
17235 Soundview Ave
Southold, NY 11971-2839
Clerk ID: LINDAC Internal ID:79693
Submission Without a Cover Letter
Sender: M6MA✓1 su Vvi rw
bD'� -- -
Subject: �--
SCTM#: 1000
Date: V(7
Comments: //� `� a�CJ
Submission Without a Cover Letter
Sender:
Subject:
SCTM#: 1000 -
Date: d�/Z16
Comments:
Fill
pC� 13 2005
I
Submission Without a Cover Letter
Sender: t C' 36
64
Subject:
SCTM#: 1000 -
Date:
Comments: � � � �������/��✓ ���
OCT 1 3 2005
5-13i110 6994
EDWARD C. BOOTH 0052751639
PATRICIA S. BOOTH
17235 SOUNDVIEW AVE. DATE
�SQU�HHOLD, NV 11971-2839
e PAYiDTHE S /�,.�_ � E Ak C� Q`66wi G
ORDER OF ,&t I y� D✓t'�/T'C"cl'
a
DOLLARS
0 Fleet
Y MEMO
i:0 1000138 . 00527 51639,1' 6994 YY
PECUNIC LAND TRUST PAGE 0 5Z,
• Peck�Trust,Inc.
PO Tlex 1776.790 14uMlm Rmd \�-
SnuM,,mj)tmyNV 11969
Fbo ..631.1$3-3195
rax.c31-104.0711
1
To: Antlicmy Trezza From: Marian Sumncr
Fan: Deb: 9.29-05
Phone: Pages:3
Re: Booth C&Rs CC:
7 Urgent ❑For Review ❑Please Comment Cl Please Reply O Please Recycle
V!1 1 X111 ..)1
I
Fj�rl' ll lY 1 i I II 1�.
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. . — .—. _ LGsF.!D fIJni R"GE 02
DECLARATION OF COVENANTi & RES*ICTIONS
THIS DECLARAT CiN is made this____day of,`.2005 by Edward C. Booth residing at
175235 Sout,dvicw A,.enue, Southold,NY 11971,hereinafler refuted to as the DECLARANT;
WITNESSETH:
WHEREAS,the DECLARANT is the owner of certedu real propert, situate on the North side of
Soundview Avenue, Town of Southold,Suffolk County,New York,more particularly bounded
and described in Schedule"A" attached hereto (hereinafter refe-red,to as the Property);and
WHF,REAS,the DECLARANT has made an appli✓ation for and have received conditional
approval from the Planning Board of the Town of Southold to implement a subdivision, as
shown on the Final Plat—Subdivision for Booth prepared by Peconic Surveyors,P.C. last dated
July ,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 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 DECLARANT has considered the foregoing and have determined that the same
will be for the best interests of the DECLARANT and subsequent owners of said parcels;
i+TOW,THEREFORE,THIS DECLARATION WITNESSETH:
That the DECLARANT, for the purpose of carrying out the intentions above expressed,does
hereby'make ktrown, 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} Lots i and 2 on the approved map are subject to a 50' wide non-disturbance and
no-g•ading vegetative buffer from the top of the bluff line. Said buffer shall
remain undisturbed with the exception of the removal of dead or noxious
vegetation. Such removal of vegetation shall only be permitted subject to the
approval of the Town of Southold Trustees and the New York State Department
of Environmental Conservation.
2) Lots 1 and 2 on the approved map are subject to a 100' wide non-structural buffer
front the top of the bluff line. No new residential structure or sanitary facility
shall be constructed or otherwise located within 100' landward of the top of the
bluff,
3) Prior to any construction activity,the project will require a general permit for
Strom-water Runoff from Construction Activity(G.P-02-01) administered by the
New York State Department of Envirotnnental Conservation under the Phase II
State Pollutant:Elimination Discharge System (SPEDS)Program.
4) Pursuant to Chapter A1.06-65 of the Southold Town Code, the clearing restriction
For Lot 1 is 35%and for Lot 2 is 15%.
Tf any sectio i, subsection,paragraph, clause,phrase or provision of these covenants and
restnc-ion, .hail. 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
F'_COI dIC LAND PAGE N3
any other port or prow^lsiooeof other than the past so adj adged to beal, unlawful, invalid,
or uncortstit itional.
The within Declaration is made subject to the provisions of all laws required by law or by their
previsions to be incorporated herein and made,a part hereof, as though fully set forth.
That the w:xhin Declaration shall taro :pith the land and shall be binding upon the�zs'zCLARANT
and his sw eessors and assigns, and upon all persons or entities claiming under thea[, and may
not be anx,alled, waived, changed, modified,tertninaxd, revoked annulled,or amended by
subsequent owners of the Property unless and until approved by a majority plus one vote of the
Planting 3oard of the Town of South;uld or its succ(ssors, after a public hearing.
T� WITNESS WHEREOF,the DECLARANT above named has executed.the foregoing
instrument the day and year first written above.
By: .Ed•,vard C Booth
STATE OF NEA YORK)
ss.:
COUN"Y OF SLTFOLK)
On the day of the year 2�X05 betore me,the undersigned, personally
appeared Edward C.Booth,personally known to mgr 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
4 MAILING ADDRESS:
PLANNING BOARD MEMBE0 V soar P.O. Box 1179
JERILYN B.WOODHOUSE �� y0 Southold, NY 11971
Chair '`� lQ
OFFICE LOCATION:
WILLIAM J. CREMERS 41 Town Hall Annex
KENNETH L. EDWARDS G Q 54375 State Route 25
MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON IiYCOU '� Southold, NY
Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 13, 2005
Ms. Marian Sumner
c/o Peconic Land Trust
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Standard Subdivision of Edward Booth
Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold
SCTM# 1000-50-2-15 Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, September 12,
2005, adopted the following resolution:
The public hearing was closed.
WHEREAS, this proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1
equals 2 acres and Lot 2 equals 6.0546 acres; and
WHEREAS, on February 14, 2005, the proposal was classified as a Standard
Subdivision pursuant to Chapter A106-"Subdivision of Land of the Code of the Town of
Southold '; and
WHEREAS, on February 14, 2005, the Town of Southold Planning Board hereby
waived the preliminary application and submission requirements for this project given
the substantial preservation component of the project; be it therefore
RESOLVED, that the Town of Southold Planning Board hereby accepts the LWRP
Coastal Consistency Review submitted to the Planning Department on July 8, 2005;
and be it further
RESCL/ED, that the Southold Town Planning Board grant conditional final approval on
the maps dated June 10, 2003 and last revised on August 3, 2005, subject to the
following conditions:
1. Submission of the park and playground fee of$5000.
2. Submission of a New York State Department of Environmental Conservation
Tidal Wetlands Permit.
4A • 0
Edward Booth — Page Two — September 13, 2005
3. Submission of draft Covenants and Restrictions that contain the following
clauses:
a. Lots 1 and 2 on the approved map are subject to a 50' wide non-
disturbance and no-grading vegetative buffer from the top of bluff line.
Said buffer shall remain undisturbed with the exception of the removal
of dead or noxious vegetation. Such removal of vegetation shall only
be permitted subject to the approval of the Town of Southold Trustees
and the New York State Department of Environmental Protection.
b. Lots 1 and 2 on the approved map are subject to a 100' wide non-
structural buffer from the top of bluff line. No new residential structure
or sanitary facility shall be constructed or otherwise located within 100'
landward of the top of bluff.
c. Prior to any construction activity, the project will require a general
permit for Stormwater Runoff from Construction Activity (GP-02-01)
administered by the New York State Department of Environmental
Conservation (DEC) under the Phase II State Pollutant Elimination
Discharge System (SPEDS) Program.
d. Specify the clearing restrictions for Lots 1 and 2 pursuant to Chapter
A106-56 of the Southold Town Code.
The conditions must be met within six (6) months of the resolution unless an extension
of time is requested by the applicant and granted by the Planning Board. Upon
fulfillment of the conditions, the Planning Board will issue final approval and authorize
the Chairperson to endorse the final surveys.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Jenlyn B. Woodhouse
Chairperson
i
Submission Without a Cover Letter
Sender:
Subject:
SCTM#: 1000 - S ,
p
Date:
Comments:
*
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Submission Without a Cover Letter
Sender: - u¢tom
Subject: i1 �j��j��✓l5l uY
SCTM#: 1000 -
Date: / (/
Comments:
�cr=Vl VV-at �ee�
FPOM SOUTHOLD TON PLANNING BOARD FRH NO. : 631 765 3136 Sep. 08 2085 0B:42RM P1
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
st , IyttAsetn/ r
1 tt � L �o()P
by placing the Town's official poster notices)within 10 feet of the front property
line facing the streets)where It can be easily seen,and that 1 have checked to be
sure the postar has remained in place for seven days prior to the date of the
public hearing on. f_ rr3�
I have sent notices, by certified mail—retum receipt,the receipts and green
return receipt cards of which are attached,to the owners of recoo of or"
property which abuts and every property which is acmes on Uew
YU'YLLL>_✓1 `I jvivet/
Your Name(print)
n
Signature V / �h/
AA dresh
U�7rxC17�O
Date
No
MARY ANN PACE
Notary Public- State of New York
No. 01 PA6049959
Commission Expires Oct. 30, 2006
PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS&
GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri_, AL"5
rrrrrr+srserre�rrr++rrar�rrrarr �+•rrrrrr:rrrrrrrrrrrr►rrrrrrrrrr
Re: Proposed Set-off for Edward Booth
SCTM: 1000-50-2-15
Date of Hearing: Monday September 12.2005. 0.25 p.m.
P
SENDER: COMPLETE THIS SECTION F�AMPLETE TH S P�CTJON OV DE-11 IRY
■ Complete items 1,2,and 3.Also complete Signet
item 4 if Restricted Delivery is desired. Agent
■ Print your name and address on the reverse X r D 0 0 Addressee
so that we can return the card to you. •B. Received by(Pn'nted Name) ate of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address di m Rem 1? 0 Yes
If YES,enter of a s w: 0 No
(T�[•(Y\(` pp,10,1 �"�'.1t�X4 Vl.r-�ry
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{ El Insured Mail 0 C.O.D.
.� 4. Restricted Delivery?(Extra Fee) 0 yes
+I z. Article Nunb7004 1350 0004 8840 9092
Transfer tmm service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540-
1. sle -. ____.,�_.___ _._. _ �
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0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 yes
2. Article Number 7004 1350 0004 8840 9085
(Transfer from swim label)
PS Form 3811, February 2004 Domestic Return Receipt . 10259e-02-M-1540
If YES,enter delivery" )NO
3S uv Sox"'4is �b • AEP-2
3. ServiceType
J 4 l (I 4 .d-cenified Mail 0 Fac `S
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.q.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer Imm roes let 7004 1350 0004 884.0_ 9108 —
PS Form 3811 1yFebruary2040Domestic Return Receipt 102595-02-M-1540
Total Posta 8 Fees I.$ 1. g- 10813116
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t` SI/ee[Apt Nod_..___-_________________________M____�___-__.____..___._,_....___
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7
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PS Form
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orPoBox No. ...� „�_T...'CLu tip l�flSV�
'.. City SYete.ZIP+4 �
MAILING ADDRESS:
PLANNING BOARD MEMBERS OF sour • P.O. Box 1179
JERILYN S.WOODHOUSE O�� �J�! Southold, NY 11971
Chair h Q
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L. EDWARDS G C 54375 State Route 25
MARTIN H. SIDOR ,� (cor. Main Rd. & Youngs Ave.)
GEORGE D. SOLOMON �lif'COU,M'N Southold, NY
'111 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 12th
day of September, 2005 on the question of the following:
6:00 p.m. Proposed Standard Subdivision for Daniel & Stephanie Charnews, located
on the w/s/o Youngs Avenue and the a/s/o Horton Lane, approximately 375' south of
CR 48, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk
County Tax Map Number 1000- 63-1-25
6:05 p.m. Proposed minor subdivision for Michael Kaloski, located on Alvahs Lane,
2,056 feet north of Main Road (NYS 25) and south of Middle Road (CR 48) in
Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County
Tax Map Number 1000-102-4-6.2 & 7.1
6:10 p.m. Proposed site plan for Catapano Dairy Farm, located on the n/s/o County
Road 48 approximately 360' e/o Mill Road, known as 33705 County Road 48 in
Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax
Map Number 1000-74-2-12.2
6:15 p.m. Proposed site plan for North Fork Industrial Park (Foster), located at the s/e
intersection of Commerce Drive and Corporate Drive, known as 350 Commerce Drive in
Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County
Tax Map Number 1000-96-1-1.5
6:20 p.m. Proposed amended site plan for Hellenic Restaurant, located approximately
532' west of Shipyard Lane on the n/s/o NYS Road 25 in East Marion, Town of
Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number
1000-35-2-14 & 15.1
Dated: 8/30/05
August 30, 2005
Legal Notice
Page Two
6:25 p.m. Proposed set off for Edward Booth, located on the n/s/o Sound View
Avenue, 1,669 feet east of Lighthouse Road in Southold, Town of Southold, County of
Suffolk, State of New York. Suffolk County Tax Map Number 1000-50-2-15
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Jerilyn B. Woodhouse
Chairperson
PLEASE PRINT ONCE ON THURSDAY, September 1, 2005 AND FORWARD ONE
(1) AFFIDAVIT TO THIS OFFICE. THANK YOU.
COPY SENT TO: The Traveler/Watchman
• • MAILING ADDRESS:
PLANNING BOARD MEMBERSP.O. Box 1179
JERILYN B.WOODHOUSE O��QF�D�rpOl Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
KENNETH L. EDWARDS G Q 54375 State Route 25
MARTIN H. SIDOR Ap�� (cor. Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON CQUl11 Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 30, 2005
Ms. Marian Sumner
Peconic Land Trust
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Set Off for Edward Booth
Located at on the n/s/o Sound View Avenue,
1,669 feet e/o Lighthouse Road in Southold.
SCTM#1000-50-2-15 Zone: R-80 Residential
Dear Ms. Sumner:
The final public hearing regarding the maps for the above-referenced site plan has been
scheduled for Monday, September 12, 2005, at 6:25 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. September 9, 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,
?enlyn B. Woodhouse
Chairperson
Encl.
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.. 9/8/05
Re: Proposed Set-off for Edward Booth
SCTM: 1000-50-2-15
Date of Hearing: Monday September 12, 2005. 6:25 p.m.
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 set off;
2. That the property which is the subject of the application is located adjacent to
your property and is described as follows: SCTM#1000-50-2-15;
3. That the property which is the subject of this application is located in the
Residential District, Zone R-80;
4. That the application is to set off a 2 acre lot from an 8.05 acre parcel located on
the north side of Sound View Avenue, 1,669 feet east of Lighthouse Road, 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. (2nd 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, September 12, 2005 at 6:25 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's Name(s): Edward Booth
Date: 8//30/05
§ 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 1-25-96
' W ' d 5Z : 9 - 9002 ` U H313W31d3S - ' NOW
•auoz
08-21 ay} ui lowed one 90.8 ue woa j j01 aaoe z ego jes o; IesodOJd
5; Z 0S; 000
H1O08 auvma3 No=i mj :iO 13S
H1009 auvma3
Submission Without a Cover Letter
Sender: 51r13E �
Subject: 1--T7k)19feT) l<�C?� l Svlvl'�illr Sr CEJ
SCTM#: 1000 - , o ;? _ 15
Date: �� Z�1
Comments: LA S w ; 1�+
r„�
0:!26120=tn 15:00 631.040.11 PECUNIC LANI+ TRUST PAGE 01
PEC O N T C LAND TRUST
August 25,2005
VIA FA 5ibf1LE
Anthony Trezza
Town of Southold Planning Dcpartment
53095 Main Road
PO Box 1179 AUG 2 9 2005
Southold, NY 11971
Re: Booth Standard Subdivision(aka Set-off)
SCTM#: 1000-50-2-15
Dcar Anthony:
Per our discussion, attached please find the Application for Final Plat Approval. As you
know,the DOH approved maps were submitted this morning under separate cover.
Thank you for your facilitation of this project If you need any additional information,
please do not hesitate to contact me at 283-3195 ext.26.
Sincerely,
Marian P. umncr
Director of Conservation Programs
296 HAMPTON tOAL'I PO;T OFFICE BOA1^7d 1 50W-HAMPYON N rw yORK 17969 1 PH,ON'h (631)284-3195 1 x4,X.
rvxw.pccnniclsndrzzu t.crg
08/2E/2'Ht 15:0rJ 53120.10711 PEC'DNIC LAND TRUST PAGE 02
V4 0 •
Application for Final Plat Approval
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL
PLAT APPROVAL for the subdivision described herein.
1. Name of Subdivision BDO- t4r 5t,1 6ati V li rt I n
2. Suffolk County Tax Map# 100Q-
3,
(Q—
3, Hamlet
4. Street Location
5. Zoning District
6. Date of Submission T
?. Sketch Plan Approval Date
i
S. Preliminary Approval Date
9. Number of Lots Proposed
10. Acreage of Open Space/Reserved Area
11, Affordable Housing Unite Proposed O
12. Percentage of Affordable Housing 6
13. If providing less than 25%Moderate Income Family Dwelling units(MLFOU),please
indicate how the property owner intends on satisfying the affordable housing requirement
pursuant to Section A106-11 (B)of the Town Cade.
14, Does the Final Piat conform substantially to the approved Preliminary Plat? If not,please
explain'he differences.
15. Application prepared by [] owner _ [44gent ] other
Signature of Preparer �a Date_
Submission Without a Cover Letter
Sender: L(.VVI V K/
Subject: I >VU
SCTM#: 1000 - S� S
Date: 12 (�
Comments:
���5")
i
' * , • MAILING ADDRESS: /97—
PLANNING BOARD MEMBERS �QF SOU P.O. Box 1179
JERILYN B.WOODHOUSE 0� lyOl Southold, NY 11971
Chair
OFFICE LOCATION:
W1:LLIAM J.CREMERS Town Hall Annex
KENNETH L. EDWARDS G Q 54375 State Route 25
MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.)
GEORGE D.SOLOMON IiYCOU'm1 Southold, NY
111, Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Planning Board
From: Mark Terry, Senior Environmental Planner
LWRP Coordinator
Date: August 1, 2005
Re: Proposed Standard Subdivision of Edward Booth
Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold
SCTM# 1000-50-2-15 Zone: A-C
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards.
This proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1 equals 2 acres and Lot
2 equals 6.0546 acres. The applicant is willing to voluntarily grant a conservation easement to
the Peconic Land Trust which protects important natural resources, scenic values and reduces the
potential residential density on the property from 4 lots to no more than 2 lots. The property is
located on Long Island Sound.
To further Policies 4 and 6 it is recommended that the Planning Board require the following:
1. Establish a 50' non-disturbance and no-grading vegetative buffer from the top of bluff
line.
2. Establish a 100' non-structural buffer from the top of bluff line.
To further Policy 5, and protect and improve water quality and supply in the Town of Southold it
is recommended that the following management for landscaping be required:
for landscaping be required:
3. Require that clearing limits be established for the existing on-site vegetation and
incorporate the vegetation in non-disturbance buffers to minimize lawn areas.
4. Require the use of native plants in landscaping and encourage the use of disease-resistant
and drought-tolerant plants.
Additionally, where fertilization is proposed the following should be initiated:
5. Apply a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a
cumulative application of no more than 2 lbs. per 1,000 square feet per year.
6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total
nitrogen in the mixture.
7. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic.
8. Don't apply fertilizers and pesticides within 100 feet of surface waters and wetlands.
9. Apply product only during growing season (typically mid-March through mid-October).
To further Policy 8, it is also recommended that following solid waste management initiatives be
encouraged:
10. The use of materials generated by the Town of Southold Compost Facility which
contribute to the replenishment of organic matter in local soils and help reduce the
reliance of chemical fertilizers and herbicides and minimize the reduction of chemical
fertilizers and herbicides in the Town's ground and surface waters.
Based upon the information provided on the LWKP Consistency Assessment Form submitted to
this department, the proposed action is generally consistent with the LWKP provided that
the above recommendations 1 through 4 are incorporated within any approvals. It is
recommended that the applicant is advised of recommendations 5 through 10.
Please contact me at (631) 765-1938 if you have any questions regarding the above.
Cc: Anthony Trezza, Senior Planner
Aft MAILING ADDRESS:
PLANNING BOARD MEMBERS �OF soar Y.O. Box 1179
JERILYN B.WOODHOUSE �� ��l Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L.EDWARDS • O 54375 State Route 25
MARTIN H. SIDOR (cor. Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON Comm, Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To: Planning Board
From: Mark Terry, Senior Environmental Planner
LWRP Coordinator
Date: August 1, 2005
Re: Proposed Standard Subdivision of Edward Booth
Located n/o Sound View Ave., 1,669 feet c/o Lighthouse Rd., in Southold
SCTM# 1000-50-2-15 Zone: A-C
The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards.
This proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1 equals 2 acres and Lot
2 equals 6.0546 acres. The applicant is willing to voluntarily grant a conservation easement to
the Peconic Land Trust which protects important natural resources, scenic values and reduces the
potential residential density on the property from 4 lots to no more than 2 lots. The property is
located on Long Island Sound.
To further Policies 4 and 6 it is recommended that the Planning Board require the following:
1. Establish a 50' non-disturbance and no-grading vegetative buffer from the top of bluff
line.
2. Establish a 100' non-structural buffer from the top of bluff line.
To further Policy 5, and protect and improve water quality and supply in the Town of Southold it
is recommended that the following best management practices for landscaping be required:
3. Require that clearing limits be established for the existing on-site vegetation and
incorporate the vegetation in non-disturbance buffers to minimize lawn areas.
4. Require the use of native plants in landscaping and encourage the use of disease-resistant
and drought-tolerant plants.
Additionally, where fertilization is proposed the following should be initiated:
5. Apply a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a
cumulative application of no more than 2 lbs. per 1,000 square feet per year.
6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total
nitrogen in the mixture.
J
PEt, ONIC LAND TRu ST
June 29, 2005
Mark Terry -S
Senior Environmental Planner
Southold Planning Board
PO Box 1179
Southold, NY 11971
Re: Booth Subdivision (aka Set-off)
SCTM#: 1000-50-2-15
Dear Mr. Terry:
• Per your request, enclosed please find a completed Local Waterfront Revitalization
Program Consistency Assessment Form.
If you have any questions or need any additional information, please do not hesitate to
contact me at 283-3195 ext. 26.
Sincerely,
Marian P. Sumner
Director of Conservation Programs
•
296 HAMPTON ROAD I POST OFFICE BOX 17761 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-31951 FAX (631)283-0235
W .peconiclandtrust.org
Town of Southold • •
LWRP CONSISTENCY ASSESSMENT FORM
�. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions,it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
• (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM#
The Application has been submitted tnBuildingDept.
.appropriate response):
Town Board ElPlanningDept. ❑ Board of Trustees ❑
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital
construction, planning activity, agency regulation, land transaction) ❑
(b) Financial assistance(e.g. grant, loan, subsidy)
(c) Permit, approval, license,certification:
Nature and extent of act* n:
en t c)� 2—a— �-v—
(c�fi
Location of action:
• Site acreage: n iV
Present land use: �C�� � A i
Present zoning classification:
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided: � �
(a) Name of applicant: ( 6-VAN o o Ipe1k6�(
�-&U-42
(b) Mailing address: MY-
1 _Oopakj (�q1 j
(c) Telephone number: Area Code(( 34- 2-S 3 t qS J(ZGj
(d) Application number, if any:
Will WX�00
be directly undertaken, require funding, or approval by a state o�,r,federal agency?
Yes If yes, which state or federal agency? V 6Z —al' `� ccpp`tirJ
•
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation
criteria. c
Yes ❑ NoNot Applicable /
U-) L42' opi/- I r-,
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III—Policies Pages 3 through 6 for evaluation criteria
• L� Yes ❑ No 0 Not Applicable
Attach additional sheets if necessary
*olicy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III —Policies Pages 6 through 7 for evaluation criteria
ErYes ❑ No ❑ Not Applicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III—Policies Pages 8 through 16 for evaluation criteria
FVI,,-�
L-'T Yes El No 1:1 Not Applicable
Amok
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
ol
`I� Yes ❑ No ❑Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22
through 32 for evaluation criteria.
. El Yes F—] No P/Not Applicable
ttach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria. See Section III —Policies Pages; 34 through 38 for evaluation
criteria.
❑ Yes ❑ No Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No of Applicable
db
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation
criteria.
❑ Yes❑ No 0144ot Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Qolicy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See WRP Section III —Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No Not Applicable
L
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes 1:1No of Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62
throw h 65 for evaluation criteria.
U Yes ❑ No❑ Not Applicable
0
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Ps 65 through 68 for evaluation criteria.
❑ Yes ❑ No Not Applicable
• • MAILING ADDRESS:
PLANNING BOARD MEMBERS ��pF SOpT�o Southold,P.O.
Box 1179 11971
JERILYN B.WOODHOUSE �� l0
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS CA Town Hall Annex
KENNETH L.EDWARDSp
G � 54375 State Route 25
MARTIN H.SIDOR �0�� ��V (cor. Main Rd. &Youngs Ave.)
GEORGE D. SOLOMON CQU �� 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 Standard Subdivision of Edward Booth
Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold
SCTM# 1000-50-2-15 Zone: 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 is to subdivide an 8.05-acre parcel into two lots where Lot 1
equals 2 acres and Lot 2 equals 6.0546 acres; and
WHEREAS, on November 11, 2003, the Southold Town Planning Board granted
conditional sketch approval upon the map dated June 10, 2003; and
WHEREAS, on February 14, 2005, the Southold Town Planning Board granted an
extension of time for sketch approval from May 11, 2004 to May 11, 2005; and
WHEREAS, by letter dated May 25, 2005, the applicant has requested another
extension of time as the Health Department application is pending at this time; be it
therefore
RESOLVED, that the Southold Town Planning Board grants a retro-active extension of
time from May 11, 2005 until November 11, 2005.
Please contact this office if you have any questions regarding the above.
Very truly yours,
"I rilyn_B. Woodhouse
Chairperson
• 0 MAILING ADDRESS:
PLANNING BOARD MEMBERS OFso�ryo P.O. Box 1179
JERILYN B.WOODHOUSE �Q �� Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS CA ac Town Hall Annex
KENNETH L. EDWARDS TIN H.SIDORAF"�a``p� 54375 State Route 25
GEORGE E D SOLOMON O�y�'oUN Ov (cor. Main
Sou h d, NY Youngs Ave.)
Ir 1, Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 3, 2005
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
Re: Proposed Subdivision for Edward Booth
Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold
SCTM# 1000-50-2-15 Zone: A-C
Dear Ms. Sumner:
On May 10, 2005 the Town of Southold Local Waterfront Revitalization Program (2005) became
effective as legislation.
Please be advised that the action is now subject to Chapter 95, Waterfront Consistency Review
of the Town of Southold Town Code. Pursuant to Chapter 95, please complete the enclosed
Local Waterfront Revitalization Program Consistency Assessment Form and submit it to this
department.
Please contact me at (631) 765-1938 if you have any questions regarding the above.
Sincerely,
M Terry
enior Environm tal PI er
LWRP Coordi for
Enc.
cc: Kieran Corcoran, Assistant Town Attorney
1�15/25/20J5 02:^4 E•?i:'040-11 PECONIC LAND TR to PAGGE; � �61'
�f
N� •�m+w w*+°wt"
PECONIC LAND TRUST
296 Bampton Road,PO Boz 1776,Southampton,NY 11.969
Phone: (631)283-3195 Fax: (631)283-0:35
FAX TRANSMISSION COYER SHEET
DATE: 5-25-05
TO: Anthony Tre=a
FROM: Marian P.Sumner
FAX NO:
RE. Booth Set-Off
NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2
MESSAGE:
Per our discussion today, attached please find an extension request.
PECONIC LAND TRUST-PROTECT OUR HERITAGE
IF YOU DO NOT RF.(:N'.IVY.ALL OF THE PAOUS INDICATED,FI.Y.ASB CALL AS SOON AS POSSTBLE AT TTTE NUMBER
RFFRRT'..NC^D ABOVR, THIS TILINSMISSION CONTAINS INFORMATION THAT IS C ONPIO!'_N7"IAL AND/OR LEGALLY
PRTVILEGEO. 11' IS INTFNOFD FOX USF ONLY BY THE PERSON TO µ9f011 IT IS DIRECTED. IF YOU HAVE.
RECFIVCD TttS TEUXOPY IN FRRO2 1,LFASI^ NOIiFY IIS W( 'I'HL)-FHONh IMWOIAH'1V SO THAT WE CAN
A RRANOF OR-1"HER"" 2" :➢-THE rO('IjNiFNT.S TO 1.15 AT NO COST TO VOL],
05,25'2095 62:21 631'04_'711 PECONIC LAND TR
PA1a"'E 62
46
PE C ONT C LAND TRUST
May 2512005
V[�F,�CC„IMTI�E
Honorable.Jerilyn B. Woodhouse
Town of Southold Planning Board
53095 Main Road
PO Box 11'9
Southold,N7. 11971
Re: Booth Set-o FF
SCTM* 1000-50-2-15
Dear Chairperson Woodhouse:
As you know, the above-reference project received conditional sketch plan approval on
November 11, 2003 and had an extension of such until May 11, 2005. As we have encountered a
very cumbersome approval process with the Suffolk County Department of Health Services,I
am requesting an extension of the Planning Board action.
Thank you for your facilitation of this conservation project. Tfyou 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: Anthonv Trezza
296 HAM.rT07`AUAD'' POST t�FCJ.-r•,fiOX"7`id SOUTH�Mp7ON NEW YORK. 11W 1 PHO.NS (6;1)lN;-;1951 FAX (6;'1)283.0.;5
w v.prrn+n i ckndtrust.wg
05/25'2665 62:24 5312646711 PECONIC LAND TRUST PAGE 62
PECOXIC LAND TRUST
May 25, 2005
VIA FACSIMILE
E
Honorable Jerilyn B. Woodhouse
Town of Southold Planning Board
53095 Main Road
PO Box 1119
Southold,NX 11971
Re: Booth Sct-oFF
SCTM#': 1000.50-2-15
Dear Chairperson Woodhouse:
As you know,the above-reference project received conditional sketch plan approval on
November 11, 2003 and had an extension of such until May 11,2005. As we have encountered a
very cumbersome approval process with the Sttffolk County Department of Health Services,I
am requesting an extension of the Planning Board action.
Thank you for your facilitation of this conservation prgiect. Tf 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: Anthony Trezza
290 I L;JvrTOft ROAD i POAT n,pr7 r-AOA 7'76 1 BOtITH hMPTON N BW YOR 11969 1 P140NF (637)2N;-;1951 FA% (6i )263 0.35
. _ � 'www.pco,niclzt.d.txusr.orr� _. _
j • �$IIFFU(,('C MAILING ADDRESS:
PLANNING BOARD MEMBERS �.0 P.O.Box 1179
JERILYN B.WOODHOUSE Southold, NY 11971
Chair :
� OFFICE LOCATION:
Town Hall Annex
WILLIAM J.CREMERS 54375 State Route 25
KENNETH L.EDWARDS �'� �'� (cor.Main Rd. &Younger Ave.)
MARTIN H.SIDOR Southold,NY
GEORGE D. SOLOMON
Telephone: 631 765-1938
Fax: 631765-31343
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 for Edward Booth
Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southo4d
SCTM# 1000-50-2-15 Zone: A-C
Dear Ms., �mner:
The Southold Town Planning Board, at a meeting held on Monday, February 14, 2005,
adopted the following resolutions:
WHEREAS, this proposal is to subdivide a 2 acre lot from an 8.05 acre parcel; and
WHEREAS, the Planning Board granted conditional sketch plan approval on November
11, 2003; and
WHEREAS, the applicant has requested an extension of conditional sketch plan
approval from May 11, 2004 to May 11, 2005; and
WHEREAS, the Town of Southold's Farm and Farmland Protection Strategy, adopted
unanimously by the Town Board in January 2000, encourages the use of private
conservation measures including gifts of conservation easements; and
WHEREAS, the owner of the above-referenced property is willing to voluntarily grant a
conservation easement to the Peconic Land Trust which protects important natural
resources and scenic values and reduces the potential residential density on the
property from 4 lots to no more than 2 lots; and
VhHFRFAS, on August 24, 2004, the Town of Southold Town Boar+ adopted Local Law
No. 18, 2004 "A Local Law in relation to a new Chapter Al 06 —Subdivision of Land of
the Code of the Town of Southold'; and
Booth — Page Two —2/15/05
WHEREAS, the percent of preservation upon the parcel does not meet the 75% or 80%
requirement as defined in the definition of a Conservation Subdivision; therefore, be it
RESOLVED, pursuant to Chapter A106, the Planning Board hereby classifies this
application as a Standard Subdivision; and be it further
RESOLVED, that the Planning Board grant the retroactive extension of conditional
sketch plan approval from May 11, 2004 to May 11, 2005; and be it further
RESOLVED, that the application must be revised and re-submitted to conform with
Chapter A106 — "Subdivision of Land of the Code of the Town of Southold", as revised,
subject to the following conditions:
1. The application will not be subject to any retroactive requirements and will be
processed from the sketch plan approval forward.
2. The requirement of the preliminary application submission is hereby waived.
Please contact this office if you have any ques'ions regarding the above.
Very truly yours,
Jer�. Woodhouse
Chairperson
cc:
Melissa Spiro, Land Preservation Coordinator
F12I-j'72C5� 190:23 ;3113='I_1711 PECONIC: LAND TRUST PAGE 0-
• tlyi��s+x+n. • d"""am t
J.
PECONIC LAND TRUST
296 Hampton Road,PO Box 1.776,Southampton,NY 11%9
Phone: (631)2113-3195 Fax: (631)293-023.5
FAX TRANSMISSION COVER SHEET
DATE: 2-7-05
TO: Mark Terry
FROM: Marian P. Sumner
FAX NO: ffi31jjek3=
RE: Booth Set off
NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2
FI -
PECONIC LAND TRUST-PROTECT OUR HERITAGE
IF YOC DO NO'I RECEIVE ALL OF THE PAGES INDICATED,PLEASL'-ALL AS SOON AS POSSIBLE AT THr NUMDER
REF2RDNCGD ADOVL. THIS TRANSMISSION CONTAINS INFORMATION THAT 15 CONFIDENTIAL AND/OR LEGALLY
FRIVILFGRD. IT IS INTEN7FD FOR USE ONLY RY THF. PRRSON TO WHOU IT IS OIRECTFD. IF YOtI HAVR
RFCW.IVFA T19IS TF-.FOOPY IN ERROR, PLFASF NOTIFV IIS RV TFT.F.PTTONP fUMFDTATF.T.Y SO T7-TAT WR CAN
ARRANCE FOR T11 E RETURN OF niE DOCUMrNTS TO US AT NO COST TO YOU.
9P/07l40'J6 09:23 6312040%11 PECOHIC LAND TRUST FACE 02
PECONIC LAND TRUST
February 7, 2005
Honorable Jerilyn B. Woodhouse
Town of Southold Planning Board
53095 Main Road
PO Box 1179
Southold,NX 11971
Rc: Booth Sct-off
SCT.M# : 1000-50-2-15
Dear Chairperson Woodhouse:
As you know,the above-reference project received conditional sketch plan approval ou
November 11,2003. As we have encountered a very cumbersome approval process woth the
Suffolk County Department of Health Services,I am requesting a retroactive extension of the
Planning Board action.
Thank you for your facilitation of this conservation project. If you need any additional
information, please do not hesitate to contact me at 283.3195 ext. 26.
Sincercly,
Marian P. Sumner
Director of Conscrvation Programs
cc: Mark Tcrry
276 HA MPTOR AaA.n�PCJST pJ'rrCE BOX A 76150='I'IIAMPI'ON NEW YORK 119091 FiJONy i,611')283-319$I FAX (Gil)204- 711
auw.peca)icln n dt ruse.nrK
NYork State DepartmAof Environmental Conservatio* vvl�F
Division of Environmental Permits m
NYSDEC REGION I HEADQUARTERS
SUNY @ STONY BROOK BUILDING 40
STONY BROOK, NY 11790-2356
(631) 444-0365
November 18, 2003
EDWARD BOOTH
17235 SOUNDVIEW AVE r+ c
SOUTHOLD, NY 11971 �x
Re: DEC ID# 1473f {* §
BOOTH PROPERTY
Dear Applicant: [' r= t
Please be advised that your application for a DEC permit(s) is ccrl ,,i � ' . "" Mt
:.
has commenced. Notice and the opportunity for public comment is requn r; i',• ,4,, t. :, ' •"
is a Notice of Complete Application for your project. Please have the N '
identified below once during the week of 11/24/03 on any day Monday t'ir. ti.-
The
The official newspaper of the Village of Southol.:. s.�-.,•�'•;
Contact the Village Clerk's office to confirm th,r . .i:. ' �" '"I`' '��
'•
Only the Notice of Complete Application, that information presented between the horizontal
lines, on the enclosed pages(s) should be published. Do not print this letter or the information contained
below the second bold horizontal line. Please request the newspaper publisher to provide you with a
Proof of Publication for the Notice. Upon receipt of the Proof of Publication promptly forward it to this
office. You must provide the Proof of Publication before a final decision can be rendered on your
application. You are responsible for paying the cost of publishing the Notice in the newspaper.
Notification of this complete application is also being provided by this Department in the
NYSDEC Environmental Notice Bulletin.
This notification does not signify approval of your application for permit. Additional information
may be requested from you at a future date, if deemed necessary to reach a decision on your application.
Your project is classified major under the Uniform Procedures Act. Accordingly, a decision is due within
90 days of the date of this notice unless a public hearing is held, which may extend this time frame. If a
public hearing is necessary, you will be notified.
If you have any questions please contact me at the above address or phone number above.
Sincerely,
Om( �L O
D pl (Z N OMI J BROWN
E
�9 D Division of Environmental Permits
NOV 2 0 2003
Southold rows
Plannin Board
THIS IS NOT A PERMIT
nlli('€i4lllaiilllC(�$iIIII(','
New York State Department of Environmental Conservation
Notice of Complete Application
Date: 11/12/2003
Applicant: EDWARD BOOTH
Facility: BOOTH PROPERTY
17235 SOUNDVIEW AVEISCTM# 1000-50-2-15
SOUTHOLD, NY 11971
Application LD: 1-4738-03284100001
Permits(s)Applied for: I -Article 25 Tidal Wetlands
Project is located: in SOUTHOLD in SUFFOLK COUNTY
Project Description:
The applicant proposes to subdivide a 8.05 acre parcel into two developable lots. Lot one is 2.0 acres and Lot
two is 6.05 acres. Lots one and two are on Long Island Sound, which is considered NYSDEC regulated tidal
wetlands. The project is located at: 17235 Soundview Avenue,Southold, Town of Southold, Suffolk County.
SCTM#1000-50-2-15.
State Environmental Quality Review(SEQR)Determination
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative
Declaration is on file. A coordinated review was performed.
SEQR Lead Agency Southport Town Planning Board
State Historic Preservation Act(SHPA)Determination
The proposed activity is not subject to review in accordance with SHPA. The permit type
is exempt or the activity is being reviewed in accordance with federal historic preservation
regulations.
Coastal Management
This project is located in a Coastal Management area and is subject to the Waterfront
Revitalization and Coastal Resources Act.
Availability For Public Comment Contact Person
Comments on this project must be NAOMI J BROWN
submitted in writing to the Contact NYSDEC
Person no later than 12/12/2003 SUNY @ STONY BROOK BUILDING 40
STONY BROOK, NY 11790-2356
(631)444-0351
CC List for Complete Notice
. � 0
EDWARD BOOTH
PECONIC LAND TRUST INCORPORATED
ENB
File
FAX TRANSMISSION
1YEw YORx STATE DWART.MEVT Og LgvmoNmENT.0 CON4srLRv tTSoY
Division of F.avimmnAntai Permits
SUILMIKO 40 SUMr
5 1 6.444C3e3
FAX.S I6-aaa-G3eC
}
To:
r} i 5 �Cp �D 3 Date: l I
Fax#: Pages: 4 . . including this cover sheat.
From: N .brou-o
Subject:
CObiilb�fENiS: t3L1 ,"C
io'� VZ:17T ADS oa ocrnt�y�>:�= inr:_a�� r-�o���?r,^•� : a ;�,ri
New York State Department.of Environmental Conservation
Division of Environmental Permits
NYSDFC REGION 1 HEADQUARTERS
SUNY 9 STONY BROOK BUILDING 40
STONY BROOK,NY 11790-2356
(631)444-0365
November 18, 2003
EDWARD BOOTH
17235 SOUNDVIEw AVE
SOUTHOLD,NY 11971
Re: DEC ID# 1-4738-03284/00001
BOOTH PROPERTY
Dear Applicant:
Please be advised that your application for a DEC permit(s)is complete and a technical review
has commenced. Notice and the opportunity for public comment is required for this application. Enclosed
is a Notice of Complete Application for your project. Please have the Notice published in the newspaper
identified below once during the week of 11/74/03 on any day Monday through Fed3y.
The official newspaper of the Village of Southold.
Contact the Village Clerk's office to confirm the official newspaper.
Only the Notice of Complete Application.that information presented between the horizontal
lines,on the enclosed pages(s)should be published. Do not print this letter or the information contained
below the second bold horizontal line. Please request the newspaper publisher to provide you with a
Proof of Publication for the Notice. Upon receipt of the Proof of Publication promptly forward it to this
office. You must provide the Proof of Publication before a final decision can be rendered on your
application. You are responsible for paying the cost of publishing the Notice in the newspaper,
Notification of this complete application is also being provided by this Department in the
NYSDEC Environmental Notice Bulletin.
This notification does not signify approval of your application for permit. Additional information
may be requested from you at a future date,if deemed necessary to reach a decision on your applicaticn.
Your protect is classified major under the Uniform Piocedures Act. Accordingly,a decision is due within
90 days of the date of this notice unless a public hearing is held,which may extend this time frame. If a
public hearing is necessary,you will be notified.
If you have any questions please contact me at the above address or phone number above.
Sincerely.
Nj=&M,A—�
Division of Environmental Permits
20'd 77:Til 2007. 8T AoN 09iObri17t99:>'2JSJ.Ill:�3d lin T,';":3 3�ISrdl
THIS IS NOT A PERMIT AM
.:,t �,,,
New York State Department of Environmental Conservation
Notice of Complete Application
Date. 11/12/2003
Appliccnt: EDWARD BOOTH
Facility BOOTH PROPERTY
17235 SOUND'VIEW AVEISC NT#I000-50-2-15
SOUTHOLD,NY 11971
Application ID: 1-4738-03284/00001
Permits(s)Appliedfor: 1 -Article 25 Tidal Wetlands
Project is located in SOUTHOLD in SUFFOLK COUNTY
Project Descripttom
The applicant proposes to subdivide a 5.05 acre parcel into two developable lots. Lot oue is 2.0 acres and Lot
two is 6.05 acres. Lots one and two are on Long Island Sound, which is considered NYSDEC regulated tidal
wetlands. The project is located at: 17235 Soundview Avenue, Southold,Town of Southold, Suffolk Courcy.
SCTM#1000-50-2-15,
State Environmental Qualkr Review(SEQR)Determiamion
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative
Declaration is on file. A coordinated review was performed.
SEQR Lead Agency Southport Town Planning Board
State Historic Preservation Act(SHPA)Determination
The proposed activity is not subject to review in accordance with SEPA. The permit type
is exempt or the activity is being reviewed in accordance with federal historic preservation
regulations.
Coastal Management
This project is located in a Coastal Management area and is subject to the SYaterfrcmr
Revitalization and Coastal Resources Act.
A vallabiliry For Public Comment Contact Person
Comments on this project must be NAOMI J BROWN
submitted in writing to the Contact -*Y5AEC.
Person no later than 12!12/2003 SUNY @ STONY BROOK BUILDLNC,40
STONY BROOK.NY 11790.2356
(631)444-0351
CC List for Complete Notice
£4'd S?:bT £GC'. 8T non g9£4bbfT£9.>"t'_ S,1I03., NOcI ^t3 3tISJ.hi
EDWARD BOOTH
PECOINIC LAND TRUST INCORPORATED
ENB
File
tr09:t7T 2:;10' 8T AON 092OCbt7T29.xPj �IIW33,j NM761,3 :31F�lN
�.-i1-i L9Da I F'„7 'ECONIC LAJ1 T
BUST PAS 0.
,:b
0'Dept i
Phore A 4 x
Pax a NOT A PERMIT
New York State Department of Environmental Conservation
Notice of Complete Application
Dare: I1J12i2003
Applicant: EDWARD BUOTH D E C E ll E
Facility: BOOTH PROPERTY D
17235 SOLTNDVTEW AVEJSCTM41000-50-2.15 NOV 1 8 12003
SOUTHOLD,NY 11971
Appiication ID: 1-4738-03284100001 Southold Town
Plannin Board
Perm.its(.i)Applied for: 1 -Article 25 Tidal Wetlands
Prgiact is located: in SOUTHOLD in SUFFOLK COUNTY
F•ojnet Description:
The applicant proposes to subdivide a 8.05 acre parcel into two developable lots. Lot one is 2.0 acres and Lot
:wo is 6.05 acres. Lots one and two are on Long Island Sound, which is considered NYSDEC regulated tidal
wetjands. The project is located at: 17235 Soundview Avenue, Southold,Town of Southold,Suffolk County.
SCTM#1000-50-2-15.
Strait Environmental Quality Review(SEQR)Determination
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative
Declaration is on file. A coordinated review was not performed.
SEQR.Lead Agency None Designated
Sta! Hiss is Presenntinn:Act(311PA)Deternunation
The proposed activity is not subject to review in accordance with SNPA. The permit type
,s exempt or the activity is being reviewed in accordance with federal historic preservation
regulations.
Co4vml Mananemaw
This project is located in a Coastal Management arca and ie subject to the Waterfront
IZevitahzadon and Coastal Resources .Act.
AvM!abdity For Public Comment Contact Person
Comments on this project must be NAOMI 1 BROWN
submitted in writing to the Contact NYSDEC
Person no later than 12/12/2003 SUNY Cu” STONY BROOK BUILDING 40
STONY BROOK,NY 11790-2356
(631)444-0351
CC List for Complete Notice
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI,JR. ��� Orj P.O. Box 1179
Chairman y� Town Hall, 53095 State Route 25
RICHARD CAGGIANON
Southold, New York 11971-0959
Telephone (631) 765-1938
WILLIAM J.CREMERS O
KENNETH L. EDWARDS Fax (631) 765-3136
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 11, 2003
r
Ms. Marian Sumner
c/o Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11969
RE: Proposed Set-Off for Edward Booth
Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold
SCTM#1000-50-2-15 Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Monday, November 10, 2003,
adopted the following resolution:
WHEREAS, this proposal is to set off a 2 acre lot from an 8.05 acre parcel; and
WHEREAS, the Town of Southold's Farm and Farmland Protection Strategy, adopted
unanimously by the Town Board in January 2000, encourages the use of private
conservation measures including gifts of conservation easements; and
WHEREAS, the owner of the above-referenced property is willing to voluntarily grant a
conservation easement to the Peconic Land Trust which protects important natural
resources and scenic values and reduces the potential residential density on the
property from 4 lots to no more than 2 lots; therefore be it
RESOLVED, that the Southold Town Planning Board grant conditional sketch plan
approval on the maps, dated June 10, 2003, subject to the following condition:
1. Please submit a New York State Department of Environmental Conservation
Tidal Wetland Permit for the action.
Sketch plan approval is conditional upon the submission of final maps 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 maps, five (5) paper prints and
Booth — Page Two — 11/11/03
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 map.
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. 'J
Chairman
cc: Melissa Spiro, Land Preservation Coordinator
PLANNING BOARD MEMBERS �gUFFO(,�c
BENNETT ORLOWSKI,JR. ,r�� D�j P.O. Box 1179
Chairman C y� Town Hall, 53095 State Route 25
y Southold, New York 11971-0959
RICHARD CAGGIANO ' Telephone (631) 765-1938
WILLIAM J.CREMERS O
KENNETH L.EDWARDS Fax (631) 765-3136
MARTIN H. SIDOR
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 for Edward Booth
ti Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold
SCTM#1000-50-2-15 Zone: A-C
Dear Ms. Sumner:
The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003,
adopted the following resolution:
WHEREAS, this proposal is to set off a 2 acre clustered lot from an 8.05 acre parcel;
and
WHEREAS, following the approval of this action, a Conservation Easement will be
applied to the property preventing further subdivision and limiting the parcel to two
single-family residences (one existing and one proposed) on the 8.05 acres; therefore
be it
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, Part 617, Article 7 makes a determination of non-
significance and grants a Negative Declaration on the application.
A copy of the Negative Declaration is enclosed for your records. If you have any
questions, please do not hesitate to call.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
encl.
cc: Melissa Spiro, Land Preservation Coordinator
PLANNING BOARD MEMBERS �gUFFO(,�C
BENNETT ORLOWSKI,JR. ��� �/i P.O. Box 1179
Chairman C Town Hall, 53095 State Route 25
y Southold, New York 11971-0959
RICHARD CAGGIANO �, • Telephone (631) 765-1938
WILLIAM J.CREMERS 5 Fax(631) 765-3136
KENNETH L.MARTIN H. IDS
DOR
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 for Edward Booth
SCTM#: SCTM#1000-50-2-15 Zoning District: A-C
Location: Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in
Southold
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
The applicant proposes to set off a 2 acre clustered lot from an 8.05 acre parcel.
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed. The parcel
abuts the Long Island Sound. The project will require a Tidal Wetland Permit from the
NYSDEC. No significant impacts have been identified through the coordination
process. No significant impacts will occur if the project is implemented as planned.
SEQR Negative Declaration - Page Two
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.
For Further Information:
Contact Person: Mark Terry, Senior Environmental Planner
Address: Planning Board
Telephone Number: (631) 765-1938
SEQR Negative Declaration - Page Three
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
• � S2prh
C4
OUR HER1'3PV�
October 9,
DDennis Reimer, Assistant Manager OCT ] 4 2003
Suffolk County Water Authority Southold Town
624 Old Riverhead Road Plan n;n Board
Westhampton Beach, NY 11978
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 lot 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 14th 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,
Marian P. Sumner
Director of Conservation Programs
Enclosures
cc: John Milazzo
Mark Terry, Southold Town Senior Planner
296 Hampton Road / PO Box 1776 1 Southampton,NY 11969 /631-283-3195 Fax:631-283-0235 / www.peconiciandtrost.org
I. Cover Sheet
A. Document: Supplement to Short Form Environmental Assessment Form
B. Project: Booth Set-off
C. Location: Sound View Avenue, Southold, NY
SCTM#: 1000-50-2-15
D. Lead Agency: Southold Town Planning Board
PO Box 1179
Southold, NY 11971-1938
attn: 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 a new lot to be created as part of the proposed project.
The Booth's are gifting a conservation easement to Peconic Land Trust on 6 acres of
this parcel, as well as the entire 5.5 acres of the adjacent parcel (SCTM#: 1000-51-1-
1). As shown on the map, a 2-acre building envelop will be retained and is identified
as Lot 1. The conservation easement will allow the existing improvements,but no
additional house lots. The donation of the easement equates to giving up 3 valuable
development rights.
B. Significant,beneficial and adverse impacts
The beneficial impact of the project is elimination of 3 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(approximately 3 additional lots).
E. Matters to be decided(permits, approvals, funding)
The proposed set-off requires Planning Board approval, Suffolk County
Department of Health Services approval and New York State Department of
Environmental Conservation Tidal Wetlands permit.
III. Description of the Proposed Action
A. Project purpose need and benefits
1. Background
This land has been in the Booth family for several generations. As discussed
above,the Booth's are gifting a conservation easement to Peconic Land Trust on
6 acres of this parcel, as well as the entire 5.5 acres of the adjacent parcel
(SCTM#: 1000-51-1-1). As shown on the map, a 2-acre building envelop will be
retained and is identified as Lot 1. The conservation easement will allow the
existing improvements, but no additional homes. The donation of the easement
equates to giving up 3 valuable development rights. Also, the family is
conserving its acreage to the south of this parcel. The Booths have accepted the
Town's offer to purchase development rights on 22.8 acres of the 28.36 acre
property(SCTM#: 1000-51-2-8).
2. Public need for the project, and municipal objectives based on adopted
community development plans
By reducing the potential development of the property via gifting a perpetual
conservation easement to Peconic Land Trust, the proposed project meets the
objectives of the Town's Community Preservation Plan.
3. Objectives of the project sponsor
Through the proposed plan, the applicant is meeting the family's 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 is located on Sound View Avenue and the Long Island Sound in
Southold. The subject property can be more particularly described as SCTM#:
1000-50-2-15. The site is primarily old growth pasture land on the eastern portion
of the property contains a foundation of a former manor home (manor house has
been removed), a concrete walled courtyard and former farm buildings.
2. Description of access to the site
The parcel contains 600 feet of road frontage along Sound View Avenue.
3. Description of zoning
The subject site is zoned R-80 Residential, which requires a minimum lot size of
80,000SF, or just slightly less than 2 acres in area. The proposed new lot to be set
off is 2 acres.
C. Design and Layout—see attached map
1. Total site area-8 acres
a. proposed impervious surface area—none now
b. amount of land to be cleared—none now
c. open space-4 acres protected via conservation easement
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
-NYS Department of Environmental Conservation
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 via
test hole boring. The topographic elevation on site ranges from approximately
40 to 65 feet above msl. 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 site is primarily old growth pasture land with former farm buildings. The
site is not in active agricultural use.
c. commercial/industrial uses
Not applicable.
f. seasonal variation
Not applicable.
3. Soils and Topography: The property does not contain any significant
landfonns 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, I%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.
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.
0
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
VIII. Alternatives
Full-yield development
IX. Irreversible and Irretrievable Commitment of Resources
NA
X. Appendices (attached plan)
SOUTHOLD FIRE DISTRICT
PO Box 908
SOUTHOLD, NY 1 1971
(631 ) 765-4305: Fax: (631 ) 765-6914
September 25, 2003
Mr. Mark Ter El
rySouthold Town Planning Board
PO Box 1179 Southold, NY 11971
Re: SCTM# 1000-50-2-15
Dear Victor:
Please be advised that the Board of Fire Commissioners has reviewed the
above mentioned map and found that there is adequate fire protection for this
parcel. Fire access is sufficient and a firewell is not required.
This letter is valid for one year.
Sincerely,
Cy?a Caprise
Fire District Secretary
COUNTY OF SUFFOLK
4 �
ROBERT J. GAFFNEY
SUFFOLK COUNT'EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
September 15, 2003
Mr. Bennett Orlowski, Jr., Chairman
Town of Southold Planning Bd.
Main Road {{�� e y
Southold,NY 11971 D E Co l5 4
Plat Name: Booth, Edward D
SEP 2 2 2003
Tax Map No.: 1000-50-2-15
SCPD File No.: S-SD-03-03 Southold Town
Planning Board
Dear Mr. Orlowski:
Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County
Administrative Code,the above captioned proposed final plat which has been referred to the Suffolk
County Planning Commission is considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or disapproval.
The Department offers the following remarks pursuant to Suffolk County Planning
Commission Policy:
The Department notes the use of Town Law 278 cluster provisions to create the substandard
lot width for lot 1. Cluster is to be used to "preserve the natural and scenic qualities of open
lands". Subject parcel is an impacted and improved lot. The use of cluster to allow the
substandard lot width appears to be an abuse of the cluster power. No open land is being
preserved that would not otherwise be preserved via typical environmental planning
regulations. No indication of additional open lands to be preserved is depicted on the map.
The "top of bluff' should be flagged in the field by a qualified expert, verified by the
appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches
associated with this action. The rate of erosion on site should be calculated by the expert.
The "Coastal Erosion Hazard Line" should be flagged in the field by a qualified expert,
verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or
sketches associated with this action.
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. -4TH FLOOR • P. 0. BOX 6100 IN (5 I6)853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER 15 16) 853-4044
. Septerjlber 16, 2003 FOLK COUNTY PLANNING DEPARTorT Page 2
No new residential structure or sanitary disposal facility should be constructed or otherwise
located less than 100 feet from the top of bluff or adequate to guarantee 50 years of protection
to the dwellings or sanitary system is based on the calculated erosion rate.
Within 50 feet of the top edge of the bluff there should not be any grading except that may be
necessary to control or remedy erosion or to prevent stormwater from flowing over the edge
of the bluff. Clearing and cutting within this area should be limited to that necessary for
proper maintenance and removal of diseased, decayed or dead material and obnoxious plant
species. Such clearing and grading should be subject to review by the Town to insure proper
maintenance and preservation of the natural buffer.
The subdivider should acknowledge in writing to the Planning Board that the creation of this
subdivision in no way commits either the Town of Southold or the County of Suffolk to any
program to protect this property from shoreline erosion through the construction of
engineering or other works.
Sincerely,
Thomas Isles, AICP
Director of Planning
C5;;
Andrew P. Freleng, A CP
Principal Planner
APF:cc
G%CCHORNYSUBDMED00001SEP\D0343.SEP
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 6100 • (51 6) 653-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 16) 853-4044
PLANNING BOARD MEMBER ��gOFFO(,�co p O. Box 1179
BENNETT ORLOWSKI,JR, �O �i
Chairman = TY� Town Hall, 53095 State Route 25
o Southold, New York 11971-0959
RICHARD CAGGIANO H Z Telephone (631) 765-1938
WILLIAM J. CREMERS O Fax(631) 765-3136
KENNETH L.MARTIN H.SID RDS
y�ol dap!
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 28, 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 6/10/03, for the Set-Off for Edward Booth,
located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold.
SCTM#1000-50-2-15
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
Jor electric.
® 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 �Og�FFO(�-co
BENNETT ORLOWSKI,JR. Q P.O. Box 1179
Chairman =� GTown Hall, 53095 State Route 25
o Southold, New York 11971-0959
RICHARD CAGGIANO W Telephone (631) 765-1938
WILLIAM J.CREMERS O Fax (631) 765-3136
KENNETH L.MARTIN H. SDS
IDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 28, 2003
Suffolk County Planning Commission
220 Rabro Drive
P.O. Box 6100
Hauppauge, NY 11788-0099
Attention: Andrew Freleng, Principal Planner
Subdivision Review Division
Gentlemen:
Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town
Planning Board hereby refers the following proposed subdivision to the Suffolk County
Planning Commission:
Map of: Set-Off of Edward Booth Hamlet/Locality: Southold
S.C.D.P.W. Topo No.: See plat Zoning: A-C
S.C. Tax Map No.: 1000- 50-2-15
Major Sub. Minor Sub._X_Site Plan Cluster Lot Line Change
MATERIAL SUBMITTED:
Preliminary Plat (3 copies)_(X)_ Road Profiles (1) Drainage Plans (1)
Topographical Map (1) Site Plan (1) Grading Plan (1)
Other materials (specify and give number of copies)
1. One copy of Application Packet as submitted by applicant.
Waiver of Subdivision Requirements - See attached sheet
Page 2
Southold Town Planning Board Referral
Referral Criteria:
The property is located s/o and within 500 feet of the Long Island Sound.
SEQRA STATUS:
1. The project is an ( X ) Unlisted Action
( ) Type I Action
( ) Type II Action
2. A ( ) Negative Declaration
( ) Positive Declaration
( ) Determination of Non-significance
has been adopted by the Planning Board.
NO SEQR DETERMINATION HAS BEEN ISSUED
3. E.I.S. statement enclosed. ( ) Yes
( X ) No
4. The proposed division has received approval from the Suffolk County Department
of Health. ( )Yes ( X )No
Comments: The applicant proposes to set-off a 2 acre clustered lot from an 8.05 acre parcel.
Access to the lots is proposed from Sound View Avenue. Portions of the proposed lots
are within the Coastal Erosion Hazard Area. The bluff is vegetated and exhibits slight
to moderate erosion. No freshwater wetlands exist on site. The presence or absence of
archeological sites is unknown.
We request acknowledgement of receipt of this referral ( X ) Yes
( ) No
Referral received 2003 by the Suffolk County Planning
Commission and assigned File No.
Sincerely,
Bennett Orlowski, Jr.
Chairman
v° •PLANNING BOARD MEMBE-- vW
BENNETT ORLOWSKI,JR. O��S K4A Town Hall, 53095 State Route 25
Chairman ti� �+ P.O. Box 1179
WILLIAM J. CREMERSH Southold,New York 11971-0959
KENNETH L.EDWARDS Telephone (631) 765-1938
GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136
RICHARD CAGGLANO
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Subdivision Application Form
Name of Subdivision: Booth Set—Off
Suffolk County Tax Map # 1000- 5&-2-15
Type of Subdivision: Major Minor (Set-Off) Lot-Line
Cluster Subdivision: Yes (No)
Hamlet: Southold
Street Location: Soundview Avenue
D E V
Acreage: 8 .05 acres
NumberofLots: 2 proposed
SwLhold flown
pi -Euzrd
Zoning District: R-80
Date: 6/30/03
•) 0) v
Please list name, mailing address, and phone number for the people below:
(Edward C . Booth, Jr . et al )
Applicant: Edward f Rnnth , FAward C - Ronth Jr - patrini ;i Booth
Michael S Booth Maraot W Booth and Katherine B.
Booth 17935 4tntn Amari aw n.,epjte SOutholA uy 11971
631-765-3556
Agent handling the application: pecnnir T.anr3 Trlst Tn�/Marian P . Sumner
(Contact Person) PO Box 1776
Southampton, NY 11969
631-283-3195 ext . 26
Property Owner(s): sep Aps 1 i cant
Surveyor: John—Metzler
Peconic Surveyors
PO Box 909
Southold , NY 11971
631-765-2954
Engineer: Joseph F i crh Pfti
PO Box 616
Southold, NY 11971
631-765-2954
Attorney: Rudolph H. Bruer , Esq.
PO Box 1466
Southold, NY 11971
631-765-1222
Other Agent(s):
r
.r
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
Conservation Easementto PL'
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 2)
PART 1—PROJECT INFORMZION
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 additiol
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 Se_t-Off S111)div_ision
LOCATION OF ACTION (Include street Address, Municipality and County)
Soundview Avenue _ _
NAME OF APPLICANTISPONSOR I BUSINESS TELEPHONE
Peconic Land Trust Inc. ( 631) 28'1-3Jnr
ADDRESS
296 Hampton Road , PO Box 1776
CITY/PO - STATE ZIP CODE
Southampton NY 11969
NAME OF DINNER(ll dilferent) i BUSINESS TELEPHONE
Edward C Booth Jr . et al
ADDRESS
17235 Soundview Avenue
CITY/PO STATEI ZIP COoE
Southold I NY 11971
DESCRIPTION OF ACTION
Set-Off of 2-acre lot from 8-acre lot . Application
is granting conservation easement on 6-acre remainder , as well
as adjacent 5-acre parcel to reserve remaining development rights
(keeping 2 existing) .
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 0-Commercial GQesidential (suburban) GRural (non-far
❑Forest ❑Agriculture )(%Other farm haild nes__ and pA.9t;grp r
2. Total acreage of project area: _ acres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural) acres acres
Forested acres acres
Agricultural (Includes orchards, cropland, pasture, etc.) 7 _ 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 acre!
Roads, buildings and other paved surfaces 1 acres acre-
Other (Indicate type) acres acre--
3. What is predominant soil types) on project site?
a. Soil drainage: IRWell drained 100 of site ❑Moderately well drained _ 9b of site
❑Poorly dramod % of site
b. If any agricultural land is involved, how many acnes of soil are classified within soil group 1 through -1 of the r,
Land Classification System? 77 acres. (See 1 NYURR_ 370).
4. Are there bedrock outcroppings on project si(c? GYes t`JNo
�. What is depth to bedrock? (in feet)
2
i. Approximate percentaie of osed project %ite with slopes: Lr01(A 7 , 9 ❑10-15%
• 1 - 015% or greater _ 0 . 9
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natior
Registers of Historic Places? Dyes XINO
7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes Or
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 ®No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangere
❑Yes 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
Mes ]ONO Describe Cl i f
13. Is the project site presently used by the community or neighborhood as an open space or recreation are
Dyes a<7No If yes, explain
14. Does the present site include scenic views known to be important to the community?
INYes 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 r nncl T¢1 and Snund b. Size (In acres)
17. Is the site served by existing public utilities? Dyes C$No -
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-A
Section 303 and 304? iOYes ONO
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article
of the ECL, and 6 NYCRR 6177 Oyes ONO
20. Has the site ever been used for the disposal of solid or hazardous wasrlm?. 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 33 acres.
b. Project. acreage to be developed: 2 acres initially; 2 + existinaacres ultimately.
c. Project acreage to remain undeveloped 4 acres.
d. Length of project, in miles: (ff appropriate)
e. If the project is an expansion, indicate percent of expansion proposed %;
f. Number of off-street parking spaces ezistirin proposed
g. Maximum vehicular trips generated per hour (upon completion.of project)?
h, If residential: Number and type of housing units:
One family Two Pamdy Multiple I"amity CondomMiurn
Initially 2
Ultimately 2
i. Dimensions (in feet) of largest propowd structure height; width: length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? it.
3
. 2. How much natural mate 1.e-, rock, earth, etc.) will be removed i ii the sue+ _ _- tons/cubic yari
3. Will disturbed areas be reclaimed? Dyes ONO OIWA
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.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
Dyes E-No
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/
11. Will project require relocation of any projects or facilities? OYes - CN:No If yes, explain
12. Is surface liquid waste disposal involved? Dyes UNO
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? Eyes 6EINo
Explain
15. Is project or any portion of project located in a 100 year flood plain? OYes ONO
16. Will the project generate solid waste?. Oyes ONO
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? Dyes 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? Oyes 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? Oyes ONo
19. Will project routinely produce odors (more than one hour per day)? OYes ®No
20. Will project produce operating; noise exceeding the local ambient noise 4-vols? ❑Yes X�"o
21. Will project result in an increase in t—twrgy u+r•? Dyes ONo
If yes. , indicate type(s) .
22. If water supply is from w,-tl,,, indican• Pumptog cap•1city g.illun5lmniu[e.
23. Total anticipated water usage per day gallons/day
24. Does project involve Local, State or Irederal funding/ Oyes IRNo
If Yes, explain
4
f` 25. Approvals Required: Submitta
Type Date
City, Town, Village Board J-JYes Xli o
City, Town, Village Planning Board Eyes ONO Set,-Of f
_
-City, Town Zoning Board Dyes ONO
City, County Health Department flYes ONO Set-Off _
Other Local Agencies ❑Yes ENO
Other Regional Agencies ❑Yes g1No
State Agencies 9Wes ONO, Potentially DEC
-Federal Agencies ❑Yes :K]No
C. Zoning and Planning Information
1 . Does proposed action involve a planning.or zoning decision? UYes ONO
If Yes, indicate decision required:
❑zoning amendment ❑zoning variance ❑special use permit Msubdivision Osite plan
❑newlrevision of master plan ❑resource management plan ❑other
2. What is the zoning classification(s)of the site? R-BD
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
4
4. What is the proposed zoning of the site? lamp
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
4
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Eyes ❑:
7. What are the predominant land use(s) and zoning classifications within a V. mile radius of proposed action?
R-80
8. Is the proposed action compatible with adjoining surrounding land uses within a '/, mile? ®Yes ❑I
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? Z acres
10. Will proposed action require any authorization(s) for the formation of*seaver or water districts? ❑Yes Ri
11. Will the proposed action create a demand for any community provided services (recreation, education, Polk
fire protection)? Oyes C;sNO
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? Oyes 81r_
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 adver
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate
avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
A
pplicant/Sponsor Name Date
Signature 7itic n' +- - v r•.. -�+ - _ n,-.,
If the action is in the Coastal Area, and you are a slate agency, complete the Coastal Assessment Form hefore proceedii
with this assessment.
1 5
i
6 `
New York State Department of Environmental Conservation Am
of Environmental Permits, Region One
Building 40 -SUNY, Stony Brook, New York 11790-2356
Phone: (631)444-0403 FAX: (631)444-0360 -
LEAD AGENCY COORDINATION RESPONSE
August 18, 2003
Mark Terry
Town of Southold Planning Board
P.O. Box 1179
Southold, NY 11971
Re: LEAD AGENCY COORDINATION REQUEST
Proposed Cluster Set-off of Ed Booth
SCTM# 1000-50-2-15
n/o Sound Avenue, 1669' e/o Lighthouse Road
Southold, NY 11971
Dear Mr. Terry:
This letter is in response to your Lead Agency Coordination Request of August 12,2003 regarding
lead agency coordination for the above project pursuant to the State Environmental Quality Review
Act(SEQRA)ofthe Environmental Conservation Law and it's implementing regulations(6NYCRR
Part 617).
This Department has no objection to the Town of Southold Planning Board Office
assuming lead agency status for this action.
Please send your SEQRA determination to my attention at the address shown above. Please
advise the applicant that this project will require a Tidal Wetlands Permit from this
Department. If you have any questions, please call me at 631-444-0403.
Sincerely,
D ECC E
AUG 2 1 2003 herri Aicher
nvironmental Analyst
Southold Town
Planning Board
PLANNINGBENNEBOARD MEMBER WSKI,JR. 4��$11FF0(,�449,
o P.O. Box 1179
Chairman =� G'Z� Town Hall, 53095 State Route 25
O Southold, New York 11971-0959
RICHARD CAGGIANO CODTelephone (631) 765-1938
WILLIAM J.CREMERS O Fax (631) 765-3136
KENNETH L. IIDS
MARTIN H. SIDOR
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 for Edward Booth
Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold
SCTM#1000-50-2-15 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 is to set off a 2 acre clustered lot from an 8.05 acre parcel;
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, ,
bEelttOrl
owski, Jr.
Chairman
g�fFO(�
PLANNING BOARD MEMBERS �Q Ira
BENNETT ORLOWSKI,JR. P.O. Box 1179
Chairman o= Town Hall, 53095 State Route 25
C4 Z Southold, New York 11971-0959
RICHARD CAGGLSNO Telephone (631) 765-1938
WILLIAM J. CREMERS
KENNETH L. EDWARDS y?J�� �aO� 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: Cluster Set-Off of Ed Booth
SCTM# 1000-50-2-15
Requested Action:
The applicant proposes to cluster set-off a 2 acre lot from an 8.05 acre parcel. The property is
located n/o Sound Avenue 1669 feet e/o Lighthouse Road in Southold.
SEQRA Classification: ( ) Type I
(X) Unlisted
Contact Person: Mark Terry, Senior Environmental Planner
(631) 765-1938 x 243
4 • •
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:
Portions of the proposed lots are within the Coastal Erosion Hazard Line. The bluff is vegetated
with slight to moderate erosion. No freshwater wetlands exist on site. The presence or
absence of archeological sites is unknown.
Please feel free to contact this office for further information.
Very truly yours,
_ �t-wY'l^^•'rte" .
ett Orlowski, Jr.
Chairman
cc: Joshua Y. Horton, Supervisor
Southold Town Board
Greg Yakaboski, Town Attorney
Peter Harris, Town of Southold Highway Department
Board of Trustees
Building Department
Southold Conservation Advisory Committee
Melissa Spiro, Land Preservation Coordinator
4 Suffolk County Department of Health Services
NYSDEC - Stony Brook, Sheri Aicher
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 INFORPYION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant e',
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consid
-as part of the application for approval and may be subject to further veriiication and public review. Provide any additi
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 inv
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spI
each instance.
NAME OF ACTION
Booth Set-Off S1zbdivisi-on
LOCATION.OF ACTION(include Street Address, Municipality and County)
Soundview Avenue _
NAME OF APPLICANT/SPONSOR IN ESS TELEPHONE
Peconic Land Trust , Inc . I f63D 283-3195
ADDRESS
296 Hampton Road , PO Box 1776
CITY/PO STATE ZIP CODE
Southampton I NY 11969
NAME OF DIVINER(it different) i 6USINESS TELEPHONE
Edward C Booth Jr . et al ! _
ADDRESS
17235 Soundview Avenue
CITY/POI STATE i ZIP CODE
Southold NY 11971
DESCRIPTION OF ACTION
Set-Off of 2-acre lot from 8-acre lot . Application
is granting conservation easement on 6-acre remainder , as well
as adjacent 5-acre parcel to reserve remaining development rights
(keeping 2 existing ) .
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 Olndustrial ClCommercial 04ssidennal (suburban) ORural (non-fz
OForest OAgriculture X%Other farm
2. Total acreage of project area: _::$ acres.
APPROXIMATE ACREAGE PRESENTLY AFTER CO+MPLETIOI
Meadow or 8rushland (Non-agricultural) _ - acres acre
Forested acres acre
Agricultural (Includes orchards, cropland, pasture, etc.) 7 acres acre
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acre
Water Surface Area acres acre
Unvegetated ((tock, earth or fill) acres acre
Roads, buildings and other paved surfaces l acres acre
Other (indicate type) acres acre
3. What is predominant soil types) on project site?
a. Soil drainage: IRWell drained 100 % of site OModerately well droined 40 of site
OPoorlq drained % of site
b. If any agricultural land is involved, how many acros of soil are classified within soil group 1 through ,I of the
Land Classification System? 7 acres. (See 1 NYCRR 370).
4. Arc there bedrock outcroppings on project site? Oyes tNo
�. What is depth to bedrock? (in feet)
2
S. Approximate percentage reposed project tine with slopes: 070-1® 7 . 5 4U G10.15%
015% or greater 0 . 5 � ^,L
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natic
Registers of Historic Places? ❑Yes X2No
7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes I;
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 IRNo
11. Does project site contain any species of plant or animal life that is identified as threatened or endanger
❑Yes 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 formatic
Mes £)NO Describe (1 i f
13. Is the project site presently used by the community or neighborhood as an open space or recreation ar
Dyes c7 qo If yes, explain
14. Does the present site include scenic views known to be important to the community?
®Yes GNo
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 Tnn Taland Snnnd b. Size (In acres)
17. Is the site served by existing public utilities? Dyes 13NO
a) If Yes, does sufficient capacity exist to allow connection? Dyes GNo 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,
Section 303 and 304? JEkes ❑No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article
of the ECL, and 6 NYCRR 617? Dyes []No
20. Has the site ever been used for the disposal of solid or hazardous wastUS? GYes 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: 2 _' acres initially; 2 + eXistinaacres ultimately.
c. Project acreage to remain undeveloped 4 acres.
d. Length of project, in miles: (If appropriate)
e. If the project is an expansion, indicate percent of expansion proposed 46:
f. Number of off-street parking spaces existing; proposed
g. Maximum vehicular trips generated per hour (upon complclion of project)?
h. If residential. Number and type of housing units:
One Family Two Family "VLJtiple i anuly Condommiurn
Initially .2
Ultimately 2
i. Dimemions (in feet) of largest propo%ed structure height; width: length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
3
- :w
2. How much natural inateo.e., ruck, earth, etc.) will b.• removed 0 the site? tons/cubic yar
' 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 reclarnation? Oyes 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.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
❑Yes 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 demolitio
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 or jobs eliminated by this project n/g___
11. Will project require relocation of any projects or facilities? Dyes - 19N0 If yes, explain
12. Is surface liquid waste disposal involved? Dyes 10
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 subsurrace liquid waste disposal involved? Oyes ®No Type
14. Will surface area of an existing water body increa-e or decrease by proposal? GYes RNO
Explain
15. Is project or any portion of project located in a 100 year flood plain? ❑Yes ONO
16. Will the project generate solid waste?. ❑Yes 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 location -
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? GYes 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(mooth.
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 ®No
20. Will project produce operating noise exceeding the local ambient noise levels? Dyes X3N0
21. Will project result in an increase in erwrgy use? Oyes 0 N
If yes , indicate type(s)
22. If water supply is from w,rlls, indicaio pumping calmrity gullunsjminute.
23. Total anticipated water usage per day gallons/day.
24. Does protect involve Local, SLrte or federal funding/ Dyes QNo
If Yes, explain - - - - - - -- -
4
•w i
25. Approvals Required: Submit
Type Date
r
City, Town, Village Board ')Yes XXgo -
City, Town, Village Planning Board $]Yes ❑No Set.-Off
-City, Town Zoning Board Dyes ❑No
City, County Health Department Eyes ❑No -Set-Of f
Other Local Agencies ❑Yes ENo
Other Regional Agencies Dyes $INo
State Agencies PVes L7No Potentially DEC
Federal Agencies Dyes KINo
C. Zoning and Planning Information
1 . Does proposed action involve a planning.or zoning decision? ]Yes ONO
If Yes, indicate decision required:
❑zoning amendment ❑zoning variance ❑special use permit (9subdivision ❑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?
4
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 zonir,?
4
G. Is the proposed action consistent with the recommended uses in adopted local land use plans? K)Yes C
7. What are the predominant land use(s) and zoning classifications within a % mile radius or proposed action?
R-80
8. Is the proposed action compatible with adjoining/surrounding land uses within a V. mile? ®Yes C
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'9ewer or water districts? Dyes 5
ll : Will the proposed action create a demand for any community provided services (recreation, education, pol
fire protection)? Dyes ERN0
a. If yes, is existing capacity sufficient to handle projected demand? Dyes ❑No
12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes $71
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 adve
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate
avoid them.
E. Verification
I certify that the information provided above is true to the bast of my knowledge.
Applicant"Sponsor Name d Trust , Triu, Date f Z7/U3
Signature
If file action is in (he Coastal Area, and you are a state agency, complete the Coastal Assessment form before proceedi
with this assessment.
'� 5
Subinissdon Without a Cover Letter
Sender:
Subject:
b" /-OT ��i.1E ef1r9^JGE
SCTM#: 1000-
Date- 9/aI51®3
Comments:
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°0UR HER' July 11, 2003
Valerie Scopaz
Town of Southold Planning Department
53095 Main Road
PO Box 1179
Southold, NY 11971
Re: Booth Set-off
SCTM# : 1000-50-2-15
Dear Valerie:
Per your discussion with Tim Caufield, attached please find the $250 set-off application
fee for the above-referenced project.
As you are aware, a 2-acre parcel will be set-off from the existing 8-acre parcel. The
Booths are executing a perpetual conservation easement on the remaining acreage of the property
(6 acres), as well as the adjacent 5-acre parcel (1000-51-1-1) to Peconic Land Trust to eliminate
all but 2 development rights. I have enclosed a copy for your information and file.
Thank you for your facilitation of this conservation project. 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
p M
D
Sautholc ?own
P._
296 Hampton Road / PO Box 1776 / Southampton, NY 11969 / 631-283-3195 Fax:631-283-0235 1 www.peconiclandtrust.org
OtRUST20t4
iL
P
Q�
0 H0,11 July 11, 2003
Valerie Scopaz
Town of Southold Planning Department
53095 Main Road
PO Box 1179
Southold,NY 11971
Re: Booth Set-off
SCTM# : 1000-50-2-15
Dear Valerie:
Per your discussion with Tim Caufield, attached please find the $250 set-off application
fee for the above-referenced project.
As you are aware, a 2-acre parcel will be set-off from the existing 8-acre parcel. The
Booths are executing a perpetual conservation easement on the remaining acreage of the property
(6 acres), as well as the adjacent 5-acre parcel(1000-51-1-1)to Peconic Land Trust to eliminate
all but 2 development rights. I have enclosed a copy for your information and file.
Thank you for your facilitation of this conservation project. If you need any additional
information,please do not hesitate to contact me at 283-3195 ext. 26.
Sincerely,
Manan P. Sumner
Director of Conservation Programs
cc: Mark Terry
296 Hampton Road / PO Box 1776 1 Southampton,NY 11969 1 631-283-3195 Fax:631-283-0235 / www.peconiciandtrust.org
1 1 /til F p
Last revised 7/9/03
CONSERVATION EASEMENT D
'M3
THIS DEED OF CONSERVATION EASEMENT, is made on the day of
2003 at Southampton, New York. The parties are Edward &Pat Booth
residing at 17235 Soundview Avenue, Southold, New York 11971 and the PECONIC LAND
TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at
296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of 11.5-acres of Property located in the
Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A and
shown on the Conservation Easement Map marked EXHIBIT A, both attached hereto, made a
part hereof, and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the Low Density Residential R-80 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 of Southold code, Section 100-30, further described as Suffolk County Tax Map
Parcel Number 1000-51-1-1 and part of 1000-50-2-15; and
WHEREAS, Grantor wishes to grant a Conservation Easement on the 11.5-acre Property
so that a portion of the Property(hereinafter referred to as the "Open Area" and shown of the
aforementioned map marked "Exhibit A" and attached hereto) shall remain in its open,
undeveloped state and be available for open space and agriculture, and a portion of the Property
(hereinafter referred to as the "Development Area"comprising the footprints of the two (2)
existing primary residences, and the footprints of all existing agricultural and/or accessory
buildings on the Property, shown on the aforementioned map marked "Exhibit A" and attached
hereto), may be developed with no more than the two (2) existing single-family residences, with
appurtenant structures and improvements, and
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, a portion of the Property is in the Coastal Erosion Hazard Area, which,
according to the Town of Southold code, Section 37 is an identified area that warrants regulation
for the purpose of protecting natural features and natural resources; and
WHEREAS, the property is located within an area that contains or is qualified as a
Natural Features Area, including bluffs, beaches and dunes, and which,pursuant to the Town of
Southold code, Section 37, should be protected from rapid growth in order to limit erosion,
turbidity, siltation, saltwater intrusion, protect marine life, protect wildlife habitat, lessen
flooding, and protect water filtration and recharge; 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 adapted by the Town Board, Town of Southold
code, 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, New York State has recognized the importance of private efforts to preserve
land in a scenic, natural and open condition through conservation easements by enactment of
Environmental Conservation law, Section 49-0301, et.seq.; and
1
WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section
57-0101, et.seq., entitled"Long Island Pine Barrens Maritime Reserve Act," declared it to be in
the public interest to protect and manage the Pine Barrens/Peconic Bay maritime system,
including the Property; and
WHEREAS, the Property is part of the Peconic Estuary System which was included in
the National Estuary Program by determination of the United States Environmental Protection
Agency on September 9, 1992, as a"nationally significant estuary"; and
WHEREAS, the Property has a total of 1150 feet of road frontage on Soundview Avenue
which offers the public significant, scenic vistas from a public highway of the subject property,
as well as 350 feet on Long Island Sound; 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 Agricultural Area and Scenic Easement Area as an aesthetic, 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 Conservation Easement to Grantee in
order to restrict the further development of the Property while permitting compatible uses
thereof;
NOW THEREFORE:
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 501(c)(3) qualified not-for-
profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986,
(hereinafter called"the Code"), and incorporated under the Not-For-Profit Corporation Law of
New York State for the purpose of conserving and preserving the unique environmental,
agricultural, scenic and open space values of rural lands located in New York State.
0.03 PuMose
The parties recognize the aesthetic, scenic and agricultural values of the Property and
have the common purpose of preserving these values. This Deed is intended to convey a
Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of
preserving its open space character in perpetuity for its environmental, scenic, agricultural, and
natural values by preventing the use or development of the Open Area 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 Government 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. Similar recognition by the federal
government includes Section 170(h) of the Internal Revenue Code and other federal statutes.
2
0.05 Grantee's Warranty
Grantee warrants and represents that it possesses the intent and ability to enforce the
terns of this Conservation Easement on the Property, and that the Property satisfies the criteria
adopted by Grantee relating to the quality and characteristics of open land that should be
protected and maintained as open land, as determined by the Board of Directors at a duly
constituted meeting of that Board on April 14, 2003.
0.06 Documentation
Grantee acknowledges by acceptance of this 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 gift of this
Easement. In order to aid in identifying and documenting the present condition of the Property's
scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting
the Property's open space 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, an inventory of the Property's relevant
features and conditions (the"Baseline Documentation"). This Baseline Documentation includes,
but need not be limited to, a Conservation Easement Map marked EXHIBIT A, an aerial
photograph,photographs of the Property, a topographical map, a description and site plan of
existing land uses, features, and structures and an acknowledgment page signed by Grantor and
Grantee which verifies that the Baseline Documentation report accurately represents the
condition of the Property at the time of the easement. 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.
0.07 Recitation
In consideration of the previously recited facts, mutual promises, undertakings, and
forbearances contained in this Easement, the parties agree upon its provisions, intending to be
bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Tvne
This instrument conveys a Conservation Easement (herein called the "Easement"). This
Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein.
Reference to this "Easement"or its "provisions" shall include any and all of those covenants,
restrictions, rights, terms and conditions.
1.02 Duration
This Easement shall be a burden upon and run with the Property in perpetuity.
1.03 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.
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ARTICLE TWO
IFT
GRANTOR, as an absolute gift, 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 4.06, 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 permitted in Section 4.06 hereof, may not be made on,
over, or under the Open Area without the prior written consent of the Grantee which may be
granted if the structure or improvement does not defeat the purposes of this Easement.
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 Property and for purposes of erosion control and
soil management, without the prior written consent of Grantee.
3.03 Subdivision
The subdivision or partitioning of the Property shall be prohibited without the prior
written consent of Grantee.
3.04 Dumnine
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 Sign
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 conservation easement. Signs shall not be more than six square feet in
size, be non-illuminated and are subject to regulatory requirements of the Town.
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0 0
3.06 Landscaping and the Cutting of Timber
The removal of trees, shrubs, or other vegetation and the cutting or harvesting of timber
on the Property shall be shall be prohibited except as permitted in Section 4.04 and for the
following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by
forces of nature (b) to prune and selectively thin trees to create limited vistas in accordance with
good forest management practices,historical uses and the purposes of this Easement;as
determined by the Grantee in 4s sale a:ser--eiies (c) to landscape the single-family residences and
appurtenant structures and improvements permitted on the Property (d) to construct and maintain
permitted driveways on the Property, and (e) to clear trees and bushes as necessary to return the
Property to agricultural purposes in the future if it has lain fallow and was allowed to become
wooded.
3.07 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; provided that 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 US Department of
Agriculture's National Resource Conservation Service.
3.08 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 must, to the extent possible, be constructed within 30 feet of the
centerline of roads or driveways, and may be used solely to service the permitted structures.
3.09 Uses
The use of the Property for any commercial, commercial-recreational or industrial
purpose shall be prohibited except as provided herein. Residential and agricultural uses
permitted in this Easement shall not be considered commercial or industrial uses.
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 the pre-existing structures,
and as provided in Section 4.06 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 Ownershiro
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.
5
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.
4.04 Landscaping Activities
Except as prohibited in Section 3,06 Grp ant r 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. Grantor shall have the right to remove or restore trees shrubs or other
vegetation to create limited vistas in accordance with good forest management practices, to
return the Property to its historical uses and the purposes of this Easement.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural activity as the term is
defined in Section 301 of the New York State Agriculture and Markets Law, provided that such
activity shall be conducted in accordance with the purposes of this Easement. Accessory
structures, as provided in Section 4.06, and as may be reasonably necessary in connection with
agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or
similar domestic livestock, may be constructed, maintained or replaced by Grantor with the prior
written consent of the Grantee and are subject to appropriate governmental approval.
4.06 Structures
A. Allowable Improvements
Grantor shall have the right to replace, relocate, renovate and re-construct no
more than two (2) single-family residences with appurtenant structures and improvements
reasonable necessary to serve such residences including, without limitation, driveways,
garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses,
tennis courts, and other family-scale athletic facilities. The residences may be located on
any one of the existing footprints as shown on Exhibit B and may expanded to double
the size of the existing footprint Grantor shall have the right to remove trees shrubs or
other vegetation reasonable necessary to construct or replace such single-family
residences and appurtenant structures and improvements.
Grantor shall have the right to create one (1) accessory apartment in arp incipal
single-family residence of the owner of the Property as mandated by the code of the
Town of Southold Accessory apartments are subject to the reg.il�ry requirements of
the Town of Southold. The reside. ees may be lee ted en any one of the e inti"
foetprints as shown oH 9*hibit 13, a*d fflay he expanded to double the size of the existi4l
b
akqion
Grantor shall have the right to replace, relocate, renovate and re-construct existing
agricultural structures, including but not limited to stables,barns, sheds, and silos as are
necessary for the agricultural uses of the Property, placed so that they do not detract from
or adversely affect the agricultural, open space, scenic value protected by this Easement.
Grantor shall have the right to construct. re-construct. replace and renovate a
bulkhead along the Long Island Sound Any such activity is subject to appropriate
governmental approval including the regulatory requirements of the Town
6
All such residences, structures and improvements shall be constructed, maintained
and replaced within the their current footprint or expanded to no more than double the
size of the original footprint which is in the Development Area as shown on Exhibit"A",
attached hereto. If Grantor wishes to relocate any existing structure or improvement,
including the two (2) single-family residences to a new location on the Property, Grantor
must receive prior written consent from Grantee. Grantee shall not withhold consent if
the request does not defeat the purpose of this Easement.
B. Replacement of Structures In-Kind
In the event of damage resulting from casualty to an extent which renders repair
of any existing improvements impractical, erection of a structure of comparable size,
bulk, 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 to be constructed hereunder
shall be consistent with the conservation purposes intended herein, and construction of
any such improvement shall minimize disturbances to the environment. Grantor shall
employ erosion and sediment control measures to insure that storm water runoff will not
carry eroded and other deleterious materials into Long Island Sound, including but not
limited to minimal removal of vegetation, minimal movement of earth and minimal
clearance of access routes for construction vehicles.
4.07 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 4.06 hereof.
Grantor shall provide Grantee with complete documentation including information on the need
for and use of such structures, and architectural plans of any proposed structures, which are
subject to Grantee's approval. Such approval, disapproval or comments of Grantee shall be
given to Grantor within 45 days after all necessary documentation and information is submitted
to Grantee. (If, after 45 days, Grantor has not received any response from Grantee to such
submission, then Grantor shall notify Grantee that is has not received any response to such
submission. If Grantee fails to respond to such second notice with 10 days thereafter, then
Grantee shall be deemed to have approved Grantor's proposed action or request)
Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor
must also obtain any required governmental approvals for the action.
4.08 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
7
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. If Grantor fails to make such payments, Grantee is authorized
to make such payments (but shall have no obligation to do so) upon ten days prior written notice
to Grantor, according to any bill, statement or estimate procured from the appropriate public
office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall
become a lien on the Property of the same priority as the item if not paid would have become,
and shall bear interest until paid by Grantor at two percentage points over the prime rate of
interest from time to time charged by Citibank, N.A., or its corporate successor.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys'
fees,judgments or expenses 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 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 solely 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
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 purpose, except as provided in Section 6.03 nor to permit access upon the
Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the Property to 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
Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this
Easement are 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
8
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.
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 have the effect of waiving or limiting the use of any other
remedy or relief or the use of such other remedy or relief at any other time.
6.06 AssigDability
Grantee shall have the right to assign any and all of its rights and responsibilities under
this Easement, and any and all of its rights, title and interest in and to this Easement only to a
qualified organization(herein called "the Assignee"). As used herein: the term "qualified
organization"means a not-for-profit corporation, or a governmental unit or agency, which is
qualified to receive such interests pursuant to Article 49 of the New York Environmental
Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the
Code, which is organized or operated primarily or substantially for one of the conservation
purposes specified in Section 170(h)(4)(A) of the code. Any assignment by Grantee or a
successor Grantee must require the Assignee or Assignee's successors to cant'out the purposes
of this Easement. The Assignee and its successors and assigns shall have the same right of
assignment, subject to compliance with the provisions of this Section 6.06.
6.07 Succession
If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee
or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section
170(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as
defined and upon the conditions contained in Section 6.06 as the Grantee shall designate. If, on
the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of
its rights and responsibilities under this Easement and all of its rights, title and interest in and to
this Easement to a qualified organization, then the rights and responsibilities under this Easement
shall become vested in the Town of Southold or if such Town will not accept this Easement, then
in another qualified organization, in accordance with a cy pres proceeding brought in any court
of competent jurisdiction.
6.08 Extinguishment
9
This Easement gives rise to a property right and interest immediately vested in the
Grantee. For purposes of this Section 6.07, 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.
If all or any part of the Property is taken under the power of eminent domain by public,
corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu
of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively
to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the
time of such taking to recover the full value of the interests in the property subject to the taking
and all incidental or direct damages resulting from the taking. All expenses reasonably incurred
by the parties to this Easement in connection with such taking shall be paid out of the recovered
proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered
proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with
the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this
Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law
with respect to a modification or termination of this Easement by reason of changed conditions
or the exercise of powers of eminent domain as aforesaid.
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 is made with the intention that it shall qualify as a Conservation Easement
in perpetuity under I.R.C. Section 170(h). 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.
This Easement can be terminated or modified in accordance with the common and
statutory law of the State of New York applicable to the termination and modification of
easements and covenants running with the land. Grantee and Grantor shall mutually have the
right to agree to amendments to this Easement that are not inconsistent with the purposes of this
Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no
right or power to agree to any amendments hereto that would result in this Easement failing to
qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental
Conservation Law of the State of New York, as the same may be hereafter amended, any
regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified
conservation contributions".
7.03 Severability
10
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.
7.04 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 President, or to such other address
as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be
deemed given and received as of the date of its manual delivery or the date of its mailing.
7.05 Goveming haw
New York Law applicable to deeds and conservation easements pertaining to 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 Recordine
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 Headines
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
I
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and
received this Deed of Conservation Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
BY:
Edward Booth, (Grantor)
BY:
Pat Booth(Grantor)
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST, INCORPORATED(Grantee)
BY:
John v.H. Halsey
President
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this day of in the year 2003 before me, the undersigned, personally
appeared , 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.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this day of in the year 2003 before me, the undersigned, personally
appeared , 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
12
• i
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.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this day of in the year 2003 before me, the undersigned, personally
appeared , 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.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this day of in the year 2003 before me, the undersigned,personally
appeared ,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.
Notary Public
SCHEDULE A: Metes and Bounds Description of the Property
EXHIBIT A: Existing Conditions Map of the Conservation Easement Area
13
�Rusrzothq
S
°0UR HER3ZP'G 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 : 1000-50-2-15 & 1000-51-2-7 & 8
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,
i
Marian P. Sumner
Director of Conservation Programs
cc: Mark Terry
296 Hampton Road I PO Box 1776 1 Southampton,NY 11969 /631-283-3195 Fax:631-283-0235 / www.peconiclandtrust.org
LASER FICHE FORM
SUBDIVISIONS
Project Type: Standard
Status: Final Approval
SCTM # : 1000 - 50.-2-15
Project Name: Booth, Edward
Location: The property is located on the north side of Sound View Avenue.
1 ,669 feet east of Lighthouse Road, in Southold.
Hamlet: Southold
Applicant Name: Edward Booth
Owner Name: Edward C. Booth
Zone 1 : R-80
Approval Date: 11/7/05
PLAT Signed Date: /11710
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2: Zone 3:
Cand R's :
Homeowners Association
R and M Agreement:
Address: The property is located on the north side of Sound View Avenue, 1 ,66
County Filing Date: 1/9/06
SCANNED
F
PR 1 4 2006
rds Management
SCAN Date: