Loading...
HomeMy WebLinkAbout1000-75.-4-22.1 ~orbOr ~omeS subdWisi°n ,'South 4096 County File No. \ to~ 18 ow o¢ formeBy ~ 79'22'10" 460.00' STORy 2 = .3.1731 ACRES / ~ now or formerly .oo Southold Fire District Lot 2 Subdivision "George A. Stepnoski" DEVELOPMENT AREA 1 = 1.7852 ACRES S 02"27'00" 85.00' 88'26'00" now or irge A. formerly Stepnoski LOCA~ON MAP SCALE: 1" = 600' APPROVED BY. PLANNING BOARD TOWN OF SOUTHOLD OOT 19..9.4 OCT 2 11994 SOUTHOLD TOWN PLANNING BOARD SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICED Based upon the information submitted for this project, fng of a realty subdivision or development map with this department is not required under the terms of Article 6 of the Suffolk County Sanitary Code since all parcels are residential and each subdivided parcel is greater than 5 acres in area. Application must be made for approval of construction of water supply and sanitary facilities for eacl ind v dua parcel and standards of the department, effective at time of submission, must be satisfied. DATE ~j~P Z 6 1~1~1 Young & Young, Land Surveyors THE WATER SUPPLY & SEWAGE DISPOSAL FACILG1ES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIREMENTS Of THE SUFFOLK COUNTY DEPAR~JENT Of HEALTH. THOMAS C. WOLPERT, N.Y.S. P.E. tiC. NO. 61483 "1 HERESY CERTIFY THAT ALL LOTS SHOWN ON THiS PLAT COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD." "1 HEREBY CERTIFY THAT THIS MAP WAS MADE BY AC~IJAL SURVEYS COMPLETED JANUARY 20, 1994 AND THAT ALL CONCRETE MONUMENTS SHOW~ THUS: · AC~JALLY EXIST AND THEIR POSITIONS ARE CORRECTLy SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." KENNETH F, ABEUZZO, N*Y.S. LS. LIC. NO. 49999 "THIS tS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY ARTICLE 16 OF THE TOWN LAW" DATE Of APPROVAL CHAIRMAN OPEN SPACE - (12,5890 ACRES) SITE DATA: 1. TOTAL AREA = 17,5475 ACRES 2. ZONING USE DISTRICT RESIDENTIAL LOW DENSITY A "R-80" 5. TOTAL NO. OF LOTS = 2 NOTE: A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FrLEB IN THE SUFFOLK COUNTY CLERK'S OFFICE IN LIBER IIBSe C,P. 698 1. · = MONUMENT FOUND 2 0 = PIPE FOUND 3. SUBJECT PARCEL DESIGNATED AS LOT I AS SHOWN ON "SUBDIVISION MAP OF PROPERTY SURVEYED FOS OWNER: BAYVlEW SOUTH HARBOR LIMITED PARTNERSHIP 1¢50 SOUTH HARBOR ROAD SOUTHOLS, N.Y. 11071 MINOR SUBDIVISION PLAT PREPARED FOR BAYVlEW SOUTH HARBOR LIMITED PARTNERSHIP At: SOUTHOLD Town of: SOUTHOLD Suffolk County, New York Suff. Co. Tax Mop: i 10o0 i 75 ~ 4 , 22,1 SEPT. 26,199A SEPT, 7,1994 AUG, 19,199A JULY 21,1994 DATE :JAN. 20,1994 SCALE :1"= 100' JOB NO, :9~-- 0016 SHEET NO,:1 OF 1 50589 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchle Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 1994 Michael Croteau 1450 South Harbor Rd. Southold, NY 11971 Re: Proposed minor subdivision for Bayview/South Harbor Limited Partnership SCTM# I000-75-4-22.1 Dear Mr. Croteau: The following took place at a meeting of the Southoid Town Planning Board on Monday, October 24, 1994: The final public hearing which was held at 7:50 p.m. was closed. It was RESOLVED to adopt the October 6, 1994 Suffolk County Planning Commission Report. The following resolution was adopted: WHEREAS, Bayview South Harbor Umited Partnership is the owner of the property known and designated as SCIM# 1000-75-4-22.1, located on the east side of South Harbor Road and the west side of Main Bawiew Road in Southold; and WHEREAS, this proposed minor subdivision, to be known as Bayview South Harbor IJmited Partnership, is for 2 lots on 17.5473 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declam~l Itself lead agency and issued a Negative Declaration on October 3, 1994; and Page 2 Minor subdivision for Bayview?South Harbor LimiI:ed Partnership October 25, 1994 WHEREAS, the applicant has granted a conservation easement to the Peconic Land Trust on approximately 12 acres of the property which shall remain in its open, undeveloped and scenic state; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 24, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town o¢ Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated September 26, 1994. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so flied or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Sincerely, Richard Cl. Ward Chairman encs: endorsed survey Suffolk County Planning Commission report CC: Building Dept. Tax Assessors Suffolk County Planning Commission DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the day of September, 1994 at Southampton, New York. The parties are BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP with an office at 1450 South Harbor Road, Southold, New York 11971 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 30 Jagger Lane (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property (Tax Map #1000-75-4.0-22.1) located in the Town of Southoid, Suffolk County, New York hereinafter more fully described in EXHIBIT A attached hereto, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the 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; and WHEREAS, the Property has a yield of nine (9) single-family residences pursuant to said zoning code; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 17.5-acre pamel of Property so that a portion of the Property (hereinafter referred to as the "Open Area", comprising approximately 12 acres of the Property, more fully described in EXHIBIT B attached hereto) shall remain in its open, undeveloped, and scenic state, and another portion of the Property (hereinafter referred to as the "Development Area 1", comprising 2.5 acres of the Property, more fully described in EXHIBIT C attached hereto), may be developed with no more than the existing single-family residence and accessory structures, and another portion of the Property (hereinafter referred to as the "Development Area 2", comprising 3.0 acres of the Property, more fully described in EXHIBIT D attached hereto), may be further developed with no more than three single and separate residences; and WHEREAS, the Property contains soils qualified as Class I and Class II worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County. New York: and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold 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, the Property has a total of 1,700 feet of road frontage on both Bayvlew Road and South Harbor Road which offers the public a significant vista of scenic, open farmland; and WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic and agricultural resource; and WHEREAS, the .Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant a Conservation Easement to the 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 Exhibit 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 qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein 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 natural values of rural lands located in Suffolk County of Long Island. 0.03 PurPose The parties recognize the environmental, scenic and agricultural values of the Open Area 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 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 herein, 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, Section 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warrantv Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, 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. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present use of the Property is 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 natural, wildlife, watershed, scenic, agriculture and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation") and shall submit the same to the Grantor for his re~lew.) This Baseline Documentation includes, but need not be limited to, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present 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. 2 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. 1.01 TyDe This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed 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 The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorpor~eal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. Any rights, obligations and interests herein granted by Grantor shall also be deemed granted by each of its agents, successors and assigns, and each such following successor and assign, and the word "Grantor" when used herein shall include all of those persons or entities. GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with ell rights to enforce it, as recited herein, against Grantor and all future owners, tenants, occupants, assigns and possessors of the Property. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. 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 The construction or placement of residential, commercial, industrial or other buildings or structures of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.06 hereof. Structures and improvements, including, but not limited to, driveways, trails and agricultural structures as permitted in Sections 4.05 and 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 or derogate from the purposes of this Easement. 3 3.02 Excavation and Removal of Materi~ls The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Areas 1 and 2, and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Areas 1 and 2, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management with the prior written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Property be subdivided into more than four residential lots, as provided in Section 4.06 hereof. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sians The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent (subject to and in accordance with Section 100-201 through 207 of the Zoning Code of the Town of Southold, as same may be amended from time to time), c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Landscaoino Activities The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area except with the Grantee's prior written consent. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or Industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4 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, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical 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, dangerously decayed or damaged on the Property. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance of horses, sheep, beef or dairy cattle, or similar domestic livestock on the Property, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A. Allowable Residential Improvements. Develooment Area 1 Grantor shall have the right to maintain, renovate and replace the existing single-family residence in the Development Area 1, with appurtenant structures and improvements reasonably necessary to serve such residence including, without limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. In the event Grantor demolishes, removes or relocates the existing residence and/or accessory structures, Grantor may reconstruct a new, replacement single-family residence with accessory structures and improvements, and shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, renovate, reconstruct, and maintain the single-family residence and accessory structures and improvements as permitted by the Town Code of the Town of Southold. ~ Grantor shall have the right to construct no more than three single-family residences in the Development Area 2 with appurtenant structures and improvements reasonably necessary to serve such residences Including, without limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. Grantor shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, renovate, reconstruct and maintain the three single-family residences and accessory structures and improvements as permitted by the Town Code of the Town of Southold. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area 2 as described in EXHIBIT D except as provided in Section 3.01. B. Allowable Non-Residential improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the agricultural uses as permitted in Sections 4.05 and 4.06 hereof: Agricultural Structures, including but not limited to barns, sheds, and silos as is necessary for the agricultural use of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this Easement. Such Structures are subject to the provisions of the Town Code of the Town of Southold; 5 (ii) Access Drives, to provide access to the improvements permitted herein, a foot trail for foot traffic only for the sole use of the future owners, tenants, occupants, assigns and possessors of Property; and (iii) Fences;and (iv) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling stormwater runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity during Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, 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 Properb/which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. 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. 4.08 Alienability Grantor shall have the right to convey all or any part 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 names and mailing addresses of all Grantees, 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 forth 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. 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. 6.01 Grantor's Obligation.,~ Grantor shall indemnify and hold Grantee harmless from any charges or liens Imposed upon Grantee arising from the physical maintenance and upkeep 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. 6.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's 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. 7.01 Entry and Insoectigrl Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the 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 7.03, nor to permit access upon the Property by the public. Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforo~ this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the 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 the Property resulting from such causes. 7.03 Enforcement Rights of Granter 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 Easement is not cured by Grantor within thirty (30) 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 on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or 7 (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 attorney's fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. Grantee's exemise of one remedy or relief under this ARTICLE SEVEN 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 r. emedy or relief at any other time. 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 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. Any assignment by Grantee or Grantee's successors must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 7.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or 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 the Town of Southold or such other qualified organization 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 right, title and interest in and to the Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in and fall upon another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. This Easement gives rise to a property right and Interest Immediately vested in the Grantee. For purposes of this Section 7.07, 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 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 or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. 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 Shara of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a 8 manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 7.07 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 exemise of powers of eminent domain as aforesaid. 8.01 Entire Understandin_n 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. 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 in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. 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 only 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. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic 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 Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge the boundaries of the Open Area and the Development Areas may have to be adjusted to accommodate the Town of Southold at such time that the Property is subdivided as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 8.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make It enforceable and effective. Any other provision of this Easement which Is determined to be Invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 8.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt 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 8.04. 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 8.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 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. 8.08 Inteq3retatign 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 as intended by Grantor. 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 Grantor. 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. 8.07 Public Acces.~ Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. The warranties and representation made by the parties in this Easement shall survive its execution. Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New YQrk, The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 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 N',ID ACCEFTED: BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP (Grantor) (Mich.~el Croteau (Grantor) General Partner ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST (Grantee) ~ v.H. Halsey Its President 10 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On th~s~c~ - day of September, 1994, before me personally appeared Michael Croteau, who, being by me duly sworn, said that he resides at 1450 South Harbor Road, Southold, New York, 11971 Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Notary Public HELENE D. HORNE Notary Public, State of New York No. 495! 364 Qualified in Suffolk County ,~._5-- Commission Expires May 22, 19 STATE OF NEW YORK ) COUNTY OF SUFFOLK. ) SS.: On this2~cx7 day of September, 1994, before me personally appeared JOHN v.H. 'HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he Is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described In and which acknowledged and accepted all of the rights and ~esponsibilities under the foregoing instrument and this Easement conveyed therein; and that he algned his name thereto by authority of the Boa~of Dlrectors,~ said C_~__~ation. Notary Pubhc EXHIBIT A: Metes and Bounds Description of the Property. EXHIBIT B: Metes and Bounds Description of the Open Area. EXHIIIIT C: Metes and Bounds Description of the Development Area 1. EXHIBIT D: Metes and Bounds Description of the Development Area 2. 11 PHONE~852--2000 SUFFOLK COUNTY CLERK'S OFFICE Edwar~ p. .... Romaine, COUNTY CLERK ~Town of Southold Assessor own of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: Tbe Subdivision Map Of: Was Filed,, ~(0V' Filed Number, qSSq A}.stract Number, Township, Southold - Owner: /~iCtmd Very truly yours, No. 49 Map Department County Clerk WLii 1,!Or I ~1 :.';94 SOUTI JOb) ii) September 27, 1994 Bayview South Harbor Limited Partnership Surveyor's Description "Open Area" Conservation Easement ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying' and being at Southold, Town of Southold, County of Suffolk, and State of New York, know and designated as Conservation Easement over a portion of Lot 1 and over a portion Lot 2 "Minor subdivision - Bayview South Harbor Limited Partnership", more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Main Bayview Road, at the northeasterly corner of land now or formerly Southold Fire District, said point being situate North 00 deg. 13 min. 00 sec. East 217.25 feet as measured along the westerly side of Main Bayview Road from the intersection of the northerly side of Baywater Avenue (also known as Freeman's Lane) and the westerly side of Main Bayview Road; RUNNING thence from said point of beginning along formerly Southold Fire District the following three (3) distances: land now or courses and 1. South 73 deg. 38 min. 20 sec. West 500.50 feet, 2. North 08 deg. 20 min. 40 sec. West 50.00 fget, 3. South 72 deg. 32 min. 50 sec. W~st 200.00 feet tothe easterly side of~ South Harbor Road; RUNNING thence North 08 deg. side of South Harbor Road 517.91 20 n)in..40 sec. West along the easterly feet to a point; RUNNINd thence North 79 ~eg. 22'min 10 -~,~ East through Lot 2 "Minor Subdivision Bayview Sou't~ Harbor Limited.Partnership" 471.84 ~uth Harbor Limited feet tO Lot 1 "Minor subdivision - ~ayview ~"~ PartnerShip"; ~e' West along the boundary RUNNING thence North 10 d~g. 37 min. 50 line between Lot 1 and Lot 2, "Minor SubdivJ.~]on - Bayview South Harbor Limited Partnership" 296.66 feet to the southerly boundary of Subdivision - "SouthHarbor Homes", SuffolkCounty File No. 4096; RUNNING thence North 79 deg. 22 min. 10 sec. East along the. southerly boundary of Subdivision "South Harbor Homes" 304.68'feet to a point; RUNNING thence South 37 deg. 13 min. 39 sec. East through Lot 1, "Minor Subdivision - Bayview South Narbor LimitedPartnership" 269[87 feet to the northwesterly corner of land now or .formerly George A. Stepnoski"; RUNNING thence along land now or formerly George A. Stephoski the following two (2) courses and distances: 1. South 02 deg. 27 min. 00 sec. West 85.00 feet, 2. North 88 deg. 26 min. side of Main Bayview Road; 00 sec. East 1~9.00 feet to the~ westerly' Page 2 September 27, 1994 RUNNING thence along the westerly side of Main Bayview Road the following two (2) courses and distances: 1. South 26 deg. 31 min. 00 sec. West 132.91 feet, 2. South 25 deg. 50 min. 20 sec. West 422.81 feet to the northeasterly corner of land now or formerly $outhold Fire District and the point or place of BEGINNING. Containing an area of 12.5890 Acres. September 27, 1994 Bayview South Harbor Limited Partnership Surveyor's Description - "Development Area 1" ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, know and designated as Development Area 1 over a portion of Lot 1 "Minor Subdivision - Bayview South Harbor Limited Partnership", more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Main Bayview Road, said point being the intersection of the westerly side of Main Bayview Road and the northerly boundary line of land now or formerly George A. Stepnoski and being situate the following four (4) courses and distances, as measured along the westerly side of Main Bayview Road from the inter- section of the northerly side of Baywater Avenue (also known as Freeman's Lane) and the westerly side of Main Bayview. Road; 1. North O0 deg. 13 min. 00 sec. East 217.25 feet, 2. North 25 deg. 50 min. 20 sec. East 422.81 feet, 3. North 26 deg. 31 min. 00 sec. East 132.91 feet, 4. North 25 deg. 45 min. 00 sec. East 108.O0 feet; RUNNING thence from said point of beginqing South ~84 deg. 45 min. O0 sec. West along land now or formerly George~A. Stepnoski 173.00 feet to the northwesterly corner of land n6w or formerly George A. Stepnoski; RUNNING thence' North 37 deg~ 13'~min. 39 sec. West through Lot 1 "Minor Subdivision - Bayview Sou~ Harbor Limited Partnership" 269.87 feet to the southerly boundary of Subdivision - "South Harbor Homes", Suffolk County File No. 4096; RUNNING thence North 79 deg. 22 min. 10 boundary of Subdivision "South Harbor Homes" side of Main Bayview Road; sec. East along the southerly 450.14 feet to the westerly RUNNING thence South 2.0 deg. 45 min. O0 sec. West along the.westerly side of Main Bayview Road 301.66 feet to the northeasterly corner of land now or formerly George A. Stepnoski and the point or place of BEGINNING. Containing ~n area of 1.7852 Acres. September 27, 1994 Bayview South Harbor Limited Partnership Surveyor's Description - "Development Area 2" ALL that certain plot, piece or parcel of.land, with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk, and State of New York, know and ~ designated as Development Area 2 over a portion of Lot 2 "Minor Subdivision - Bayview South Harbor Limited Partnership", more particularly bounded and described as 'follows: BEGINNING at a point on the easterly ~ide~ of South Harbor Road, as the southwesterly corner of land now or formerly Frank Buonaiuto, said point being situate the following five (5) courses and distances from the intersection of the northerly side of Baywater Avenue (also known as Freeman's Lane) and the westerly side of Main Bayview Road; 1. North O0 deg. 13 min. 00 sec. East 217.25 feet along with the westerly side of Main Bayview Road, 2. South 73 deg. 3~ min. 20 sec. West 500.50 feet along land now or formerly Southold Fire District, 3. North 08 deg. 20 min. 40 sec.i West 50.00 feet still along land now or formerly Southold Fire District, 4. South 72 deg. 32 min. 50 sec. ~West 200.00 feet still along land now or formerly Southold Fire District, 5. North 08 d.~g. 20 m~n. 40 sec~ W~st 814.80 feet along the easterly side of South Harbor Road; RUNNING thence from sai~ poSnt' of beginning North 79 deg. 22 min. 10 sec. East along la,id now or'~'f%rmerly Frank Buonaiuto and along the southerly boundary of ~ubdlvision '- "South Harbor Homes", Suffolk County File No. 4096, 460.00 £c~t to Lot 1 "Minor Subdivision - Bayview South Harbor Limited Partn~.r~hJ[~"; RUNNING thence South 10 deg. 37 min. 50 sec. East along Lot 1 "Minor Subdivision Bayview South Harbor Limited Partnership" 296.66 feet to the southwesterly corner of Lot 1 "Minor Subdivision - Bayview South Harbor Limited Partnership"; RUNNING thence South 79 deg. 22 min. 10 sec. West through Lot 2, "Minor Subdivision ~ayview South Harbor Limited Partnership" 471.84 feet to th~ easteri~y side of South Harbor Road; RUNNING thence North 08 deg. 20 min. 40 se'c. West along the easterly side of South Harbor Road 296.89 feet to land now ~.former!y Frank Buonaiuto ~nd the point or place of BEGINNING.' Containing an area of 3.1731 Acres. ' THIS, MINOR SUBDIVISION IS FOR 2 t7.5.5 :g~ ~-~.~ ~ ~,~l, ~/~, ~ + ~ ~ ~ ~ LOTS ON ACRES LOCAT~ ON SCTM~ I000- 7S- ~.~,~ MINOR SUBDIVISION (NO ROAD) ~9mplete applicaJ[ion received appucanon revmwed at work session Applicant advised of necessary revisions Revised sub mission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewe'll location Notification to applicant to include on final map Sent to County Planning Commission Receibt of County Report Review of SCPC report Draft Covenants and Restrictions received~;~_~q~,~ ~~[~-~ Draft C°venants and Restricti°ns reviewe~e ' ~ Filed Covenants and Restrictions received ' Receipt of mylars and paper prints with Health approval . Final Public Hearing <~'~ Approval'of subdivismn -with conditions · · Endorscment of subdivision' ,/¥.o. .... APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of tbe Toxvn Law and the Rules and Regulaiions of the Southold Town Planning Board, and represents and sta'tes as follows: 1. The applicant is the oxvner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .~...~.t?.:~t.~fo~,'TM }q,9~-,~,v~ ~~ ....... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy' of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as folloxvs: Liber ........................ Page ......... ' ........ On ........... Liber .. .. Page Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On Liber Page as devised under the Last Will and Testament of or as distributee 5. The area Of the land is .... ./~ ~../sdY-~. acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . .~ .... 7. The land is encumbered by .... ~..~~ mortgage (s) as follows: .... (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. nnpaid amount $ ..................... hehl by ...................... .............. address (b) Mortgage recorded in Liber ......... Page ............... ~ ....... in origin.al amoont of ~ ....... 2'. .....nn~paid amount $ ...................... held by ................ i ..... .............. address ......................................... i ........ .... J.il ..... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address 8. There are no other encumbrances or liens against the land except . .~.. .............. 9. The land lies in the folloxving zoning use districts ... ~ y..~.O. ....................... I0. No part of the land lies underwater xvhcther tide water, stream, pond water or otherxvise, ex- cept . //~.a.O,A-,..~. 11. The applicant shall at his ~xpense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Snpply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by .... .X~.~...../~.~..~.~.. ,SF~..~.¢:.t,.4~.0 ......................... and (a) (no) charge will he made for !nstalling said mains. 14. Electric lines and staodards will he installed by ...~.0.4~..~.. ............................. ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will he installed hy ......... ~,/,g~ ........................................... and (a) (no) charge will he made for installing said mains. 16. If streets shown on the plat are claimed h¥ the applicant to be exlstin,~ public streets in the Suffolk Connty Iligi~way system, annex' Schednle "B" hereto, to show same. 17. If streets shown ou ~he plat are claimed by the applicant to be existing public streets in the Town of $outlmld lliglm, ay system, annex Schedule "C" hereto tO show Same. 18. There are no existing' buildings or stroctnrcs ou tile land which are uot located and showu on the plat. 19. \Vhere thc plat shows in:oposed strbcts which are extensious .f streets tm adjoiniu¢ sub- division maps heretofore filed, there are no reserve strips at the emi of tile streets on said existing maps at their conjonctlons with the prol)osed streets. 20. In the cm~rse of these proceedings, tile ai,l~lic:mt will -/£cr lmmf of title :ts required by Sec. ,335. of tile Ryal Prt~p~rty Law. 21. Submit a copy o[ proposed deed for lots showing all rcstrictim~s, covcnauts crc.- :\nn;~x Schedule "D". 22. The applicant estimates that tbe cost of grading and required public improvements ~vill be $....~.. as itemized in Schedule "E" hereto anuexed and requests that the matnrity of the Performance Bond be fixed at .... .,dg/t~. ..... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE .................... ' 19. ~ H~..~ /~rzS~/~-~ 5,t4t~ (Name of Applicant) (Sign31Zure and 'ff~itle) · ..... .. ...... (Address) STATE OF NEW YORK, COUNTY OF ................................. ss: On the .................. day of ............................. , 19 ...... , before me persoually came ............................................ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Public STATE OF NEW YORK. COUNTY OF ............................ ss: On the ................ day ........ of .............. , 19 ....... before me personally came ....................... to me known, who being by me dnly sworn did ale- ph,se and say that ......... '... resides at No. ................................ that .......................... is the .......... of the corporation described in and which executed the foregoing instrumeut; that ............ knows the seal of said corporation; that the seal affixed by order ~ff the board of directors of said corporation. :t.,l th:tt ............ signed name thereto by like order. Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 'Re: ~-- Gentlemen: ~~~ The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk'County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3 No new drainage structures or alteration of existing structures are proposed. Southold. N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence; 1. Are there any wetland grasses on this parcel? (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) Yes 2. Are there any other premises under your ownership abutting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) Yes 5. Is there any application pending before ' any other agency with regard to a different project~ on this parcel? Yes 6. Was this property the subject of any prior application to the Planning Board? 7. Does this property have a valid certificat~ of occupancy, if yes please submit a copy of same No I certify that the above statements are true and will be relied on by the Planning Board in considering this application. S2g~tur~e/of prop~erty owner or authorized agent /da~e · ' Attachment to questionnaire for~the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 2~q day of 3~c~ , 19 ?~ before me personally came /~lc~Y~t-~ ~. c,~c~ to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ~ executed the same. ~4~o t a r YJUD~,y ~'~ - Notary Public, State of New Yo~'k No. 52-0344963 :L.,~ires May Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: MEMORANDUM Ail applicants to the Planning Board Bennett Orlowski, ~r., Chairman Correspondence to Planning Board Office August 15, 1988 The Planning Board office processes a large volume of correspondence every day. You can help us process this mail (and ultimately your application!) in a more efficient manner by doing the following: Submitin9 cover letters with all materials. The cover letter should state: A) the name of the project and b) the Suffolk County Tax Map number of the property. c) the reason for the submission of the material. d) a telephone number where you can be reached during normal office hours. 2. Submitting only complete applications Keeping track of items submitted under separate cover takes up a disproportionate amount of staff time and space. Keep in mind that complete applications are given immediate attention. Incomplete applications are likely to be returned. Thank you for your cooperation. jd PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLiCANT/SPONSOR 2. PROJECT NAME 3. PROJECT Municioallty ~'~'~ "J'~4. O I~ p County ~'~ ~-'O ~d 4, PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SEQR 5. IS PROPOSED ACTION: [] New [] Ex[~ansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: 17' 7 acres Ultimately ~x'~ ~ / acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? esResidential [] Industrial [] Commercial ,,~Agriculture [] [] Park/Forest/Open space Other cribe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes ~ No If yes, list agency(s) and permit/approvals 11.. ~DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERM T OR APPROVAL? If yes. list agency name and per it/approy, pl 12. AS A RESULT OF REPOSED ACTION WILL .OF/P{q EXISTING PERMIT/APPROVAL REQUIRE MODIFICATtON? Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ~/~-t,~//.~.~ ~.~,~ ~-.~/~,~0 Date: r If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ~ART II--ENVIRONMENTAL ASSES~INT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL EAF. [] Yes [] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative decla~aRon may be superseded by another involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or guantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened er endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Exptaln brief C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term short term, cumulative, or o her efects not identified in Cl-C57 Explain briefly. C7. Other Impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly PART Ill--DETERMINATION OF S!GNIF_!CANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occu.c. Then proceed directly to the FULL EAF and/or prepare a positive declaratJon. ~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NO3' result in any significant adverse environmental impacts AND provide on attachments as necessary, the'reasons supporting this determination: Name el Lead Agency Date 2 14-16-2 (2/87)--7c ~ ~ · 617.21 Appendix A ,, ~L~! JUL271 ~ SEQR State Environmental Quality Review i L..;~.~. FULL ENVIRONMENTAL ASSESSMENT ~r~b~. SU!~T"[i/)L'~'F'~ i Purpose: The ~ull EAF is d~s~ned to h~lp applicants and a~nci~s determine, ~n an orderly manner, whether a projec~ or action may be significant. Th~ question of wh~ther an action may b~ si~nifican~ is not always easy to answer. ly, th~r~ are aspects o~ a projec~ that are su~j~ctiv~ or unmeasurea~l~. It is also u~d~rstood tha~ thos~ who d~rmin~ significance may hav~ littl~ or no formal knowled~ of tH~ ~nv~ro~m~nt or may be ~echnically ~xpert in ~nvironm~ntal analysis. In addition, many who Haw knowledge in one particular area may ~ot ~e awar~ o~ ~h~ ~road~r concerns th~ question of significance. The full EAF is intended ~o provide a method whereby applicants and a~enci~s can be assured that th~ determination ~roc~ss has been orderly, comprehensive i~ nature, yet flexi~l~ to allow introduction of ~nformation to fit a prOl~Ct or action. Full EAF Components: TH~ ~ull EAF is comprised of thr~e parts: Part 1: Provides o~j~ct~ve data and information about a ~iv~n project and ~s si~. By id~tifyin~ basic project dat~, K assists a reviewer in the analysis that takes place in Par~s 2 and ~. Pa~t 2: Focuses on ident~fyin~ the range of possible impacts that may occur from a pro~ect or action. It provides ~uidanc~ ~s to whether an impac~ ~s likely to ~ considered small to moderate or whether it is a lar~ impact. THe form also ~dentifies wh~ther an impact can ~ mitigated or r~duc~d. Part 3: If any impact in Part 2 is identified as potentially-large, then Part ~ is used to evaluate whether or not impac~ is actuaJly DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a signif'icant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will he prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a posilive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead A[~,ency Print or Type Name of Respoesib[e Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in I.ead A~,ncy Signature of Preparer (If different from responsible otficer} 1 PART lmPROJECT INFORMi~ON Prepared by Project Sponsor ' NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered,- as part of the application for approval and may be subject to further verification and public review. Provide any additiona!~. information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will he dependent on information currently available and will not involve new studies, research or investigation. If information requiring such -~dditional work is unavailable, so indicate and specify each instance· NAME OF ACTION LOCATiONJ~OF~A~C~TION~(I~clu~d~e S~tree~t Add~res¥~, M~unOic~ipar~ a~n~ c~Loou~nly) ~/~¢/-['''~'~- ~'/-*~, *~ ADDRESS /~/)-d 5-~J~1 H/~¢~ ~ CITY/PO NAME OF OWNER (if different) ADDRESS CITY/PO DESCRIPTION OF ACTION STATE /l?ol BUSINESS TELEPHONE 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 [~lndustrial [~Commerciat I-1Residential (suburban) ~Forest ~/Agriculture [~Other 2. Total acreage of project area: /7-f acres· APPROXIMATE ACREAGE PRESENTLY Meadow or Brushland (Non-agricultural) acres Forested acres Agricultural (Includes orchards, cropland, pasture, etc.) ./~ ~ acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres Roads. buildings and other paved surfaces acres Other (Indicate type)~-~¢-s~'/~q3~c~c,cf- ' ~'~ acres ~]Rural (non-farm) 3. What is predominant soil type(s) on project site? ~-t/,~d ~oi~;(~'~A~ /'ZW64~ ~ ~ / a. Soil drainage: ~Well drained_10o~ % of site ~Moderatelywell drained % of site ~Poor[y drained % o¢ site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classfficat on System? ~ acres· (See I NYCRR 370), ~ 4. Are there bedrock outcroppings on project site? ~Yes ~No a. What is depth to bedrock? ~/~ (in feet) AFTER COMPLETION __ //, e acres ~pproxJmate percentage of pro~ed project site with slopes: '~ [~10-15 % % E315% or greater Is project substantially conti~uous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? F]Yes Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~]Yes ~No What is the depth of the water table? I~' / (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [~Yes E3No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? FqYes [~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I~Yes I~No According to "~r~xJq ~ Identify each species 1:7. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I~Yes ~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? I~Yes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? '~]Yes [No 15. Streams within or contiguous to project area: /~A 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 /V'/~ b. Size (In acres) 17. Is the site served by existing public utilities? '~Yes I~No a) If Yes, does sufficient capacity exist to allow connection? ,~]Yes I~No b) If Yes, will improvements be necessary to allow connection? ,J~Yes []No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ~lyes [~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 []Yes ~]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ~]Yes ~]No C B. Project Description 1. Physical dimensions and scaJe of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor J-~, b. Project acreage to be developed: · ~ acres initially; / c. Project acreage to remain undeveloped /~, a acres. Length of project, in miles: AJ/t~ (If appropriate) If the project is an expansion, indicate percent of expansion proposed /(-///~' Number of off-street parking spaces existin~ /'/'~'M;~- ; proposed acres. acres ultimately. Maximum vehicular trips generated [')er hour ///z'. If residential: Number and lype of housing units: One Family Two Famdy Multiple Family Initially / d d Ultimately / 0 0 i. Dimensions (in feet) of largest proposed structure height; (upor~ completion of project)? Condonlinium 0 width; length. j. Linear feet of frontage along a public thoroughfare proiect will occupy is? ~01,O~, ft 3 2. How much natural material rock, earth, etc.) will be removed from~ll~e site? 3. Will disturbed areas be reclaimed? [Yes ENo [~/N/A . a. If yes, for what intend._,_ purpose is the site being reclaimed? b. Will topsoil be stockpiled for rec amation? I~Yes ENo c. Will upper subsoil be stockpiled for rec amation? [Yes E3No 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? I-lyes I~No 6. If single phase project:~Anticipated period of construction A//~ months, (including demolition). 7. If multi-phased: a. Total number of~hases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? []]Yes []No 8. Will blasting occur during construction? f-lYes "~No 9. Number of jobs generated: during construction /~ ; after project is complete ,,~///'.,~' 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? []Yes tons/cubic yards year, (including demolition). year. If yes, explain 12. Is surface liquid waste disposal involved? [Yes ~]]No a. If yes, indicate type of waste (sewage, industrial, etc.} and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? []Yes ,[~.No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain I~Yes [~No 15. Is project or any portion of project located in a 100 year flood plain? ~lyes 16. Will the project generate solid waste? [Yes ~No a. If yes, what is the amount per month . tons b. If yes, will an existing solid waste facility be used? I~Yes ENo c. If yes, give name ; location d. Will any wastes nol go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~No []Yes []No 17. Will the proiect involve the disposal of solid waste? I-qYes ~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [Yes ~No 19. Will project routinely produce odors (more than one hour [)er day)? ~Yes [~No 20. Will project produce operating, noise exceeding the local ambient noise levels? []Yes 21. Will project result in an increase in energy use? fi]Yes ~l[~No If yes , indicate type(s) 22. If Water supply is from well~, h~d~cate pumpn~g ~.apacity /~/'/~ gallons/minute. 23. Total anticipated water usage per day /'.J//~r gallons/day. 24. Does project involve Local, State or Federal lunding? [Yes [~No If Yes, explain ~]No 4 .( C 2.5. Approvals Required: City, Town, Village Board [3Yes City, Town, Village Planning Board [~]Yes [~No City, Town Zoning Board I-lYes J~]No City, County Health Department [~Yes E~No Other Local Agencies r-Wes ,l~No Other Regional Agencies I~Yes UNo State Agencies I-lYes ~No Federal Agencies I-lYes ~o C. Zoning and Planning Information e Submittal ype Date 1. Does proposed action involve a planning or zoning decision? [~Yes I~No · If Yes, indicate decision required: [~]zoning amendment I~zoning variance Ospecial use permit I~subdivision ~site plan [~new/revision of master plan ~resource management plan ~other 2. What is the zoning classification(s}of the site? ~1~ ~-~o 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? ~~ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local Jand use plans~ ~es ~No What are the predominant land use(s) and zoning classifications within a % mile radius of proposed~ction? 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? ~Yes ~No 9. If the proposed action is the subdivision of land, how many lots are proposed? ~ a. What is the minimum lot size proposed? '~o~ oo~ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes ~No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ~Yes 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 eveisl ~Yes ~No a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal please discuss such impacts and the measures which you propose to mitigateor avoid them. ' E. Verification I certify that the information provided abow, is true to the best of my know edge 5 Part 2 )ROJECT IMPACTS AND THEII~IAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should he guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does'not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are iJlustrat'ive and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] J~]Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No U ~ ~Yes ~No ~ ~ ~Yes ~No IMPACT ON LAND I. Will the proposed action result in a physical change to the project sit~? ONO r~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, {15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will c~ntinue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., lock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. Will there be an effect U....,y u~,que or unusual land forms found oil the site? (i.e, cliffs, dunes, geological formations, etc.)L]NO L~YES · Specific land forms: 6 IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) nNO []YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? I~NO []YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? []NO []YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. ' Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in' areas without water and/or sewer services · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment andjor storage facilities. · Other impacts: C. 6. Will proposed action alter drainage flow or patterns, or surface water runoff? [~NO []YES Exa~nples that would apply to column 2 · Proposed Action wound change ilood water flows. 7 Wl 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes [~No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] E]Yes r-lNo [] [] []Yes []No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Y~s ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Y~s ~No ~ ~ ~Y~s ~No ~ ~ ~Yes · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? r-INO []YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ~]NO ~]YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? []NO ~IYES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land resources? CJNO C]YES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agrict~ltural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 I~11 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I-lYes [qNo [] [] f-lYes [:]No [] [] [~Yes ~:]No [] [] I'-~Yes ['-]No [] [] [-]Yes f-INo [] [] I~Yes E~No [] [] ~]Yes [~]No [] [] r~Yes E:]No [] [] [~Yes I-'lNo [] [] I~Yes [-1No [] [] E3Yes [:3~o [] [] K-]Yes ~]No [] [] [~]Yes ~]No [] [] I-~Yes [~]No [] [] [:]Yes [] [] [:]Yes E~No [] [] [~Yes ~No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures {e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? I~NO []YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views I;nown to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance,~ ONO []YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inw!ntory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quanhty or quality of existing or future open spaces or recreational O[)[)ortunities? Examples that would apply to column 2 [~NO FJYES C ' The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to tim community. · Other impacts: 9 '~1 2 3 Small to. Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ~Yes [--INo [] [] ~Yes []No [] [] []Yes I-'INo [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] r-)Yes [-)No [] [] [-)Yes [~No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ENO E~YES Examples that would apply to column 2 · Alteration of present patterns of movement of peopl~ and/or goods. · Proposed Action will result in maior traffic problems. · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? I-tNO [YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - i~NO []YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a rloJse screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? []NO []YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioac ye, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Otber impacts: 10 · w 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes I--]No [] [] ~Yes ~:~No [] [] []Yes [~]No [] [] r-lyes r-INo [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No Q ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? [NO [~YES £xamples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] [~] Yes ['-I No [] [] I~Yes []No [] [] []Yes []No [] [] []Yes ~]No [] [] []Yes []No [] [] []Yes []No [] ~ ~Yes ~No ~ ~ ~Yes ~No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? []NO [YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered 1o be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is imporlant. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether tile impact can or will be controlled · The regional consequence of tbe impact · Its potential diw~rgence from local needs and ~:oals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 617.21 Appendix B Environmental Quality Review Visual EAF Addendum SEQR This form may be used to provide additional information relating to Question 1 1 of Part 2 of the Full EAF. (To be comp!eted by Lead Agency) Distance Between Visibility 1. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An 9verlook or parcel of land dedicated to public observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the National or State Registers of Historic Places? · State Parks? · The State Forest Preserve? · National Wildlife Refuges and state game refuges? · National Natural Landmarks and other outstanding natural features.> · National Park Service lands? · Rivers designated as National or State Wild, Scenic or Recreational? · Any transportation corridor of high exposure, such as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as scenic? Project and Resource (in Miles) 0-V4 I/4- V2 V2-3 3-5 5+ [] [] [] [] [] · Municipal park, or designated open space? · County road? · State? · Local road? 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) [~Yes []No 3. Are any of the resonances ch~:cked m qum;tion I used by the public during the time of year during which lhe project will be visible? I~!Yes l~No DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question I, check those which generally 'describe the environment. surrounding Within · i/,~ mile '1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] Flat [] [] Hilly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: *V2 mile []Yes []No *1 miles []Yes []No *2 miles []Yes []No *3 miles []Yes []No * Distance from project site are provided for assistance. Substitute other distances as appropriate EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is Activity Travel to and from work Involved in recreational activities Routine travel by residents At a residence At worksite Other FREQUENCY Holidays/ Daily Weekly Weekends Seasonally [] [] [] [] [] [] [] [] 2 MAY.-23'OO(TUE} 14:42 ENG, May23, 2000 Michael Crot~m 1420 S. Harbor Koad Southold, New York 11'. KEF: P. asemem Mr. Crotcau, The cabinet Bell Atlantic equipment, which genemt and tumup of the cabinet The cabinet is tested and GROUP ,i ,roposes to pla~ on facilities by using ~sits by workers~will tonitoted through our would visit the sit_e would sp~al circuit card o~rfLn_fl the~ba~-ei'y reserves Ifyouhaveanyfurthe~qu 8555. G. Ladd Mgr. ~ Suffolk Bell Atlantic GL/k[ TEL:687 8512 P. O02 501 North Ocean Avenue Patchogue, New York 11772 sub~cate an eodstmg card for a )owe~ outage (approve 8 bm) to chock · ~-tions, please do not ~sitate to contact my office on 631-68% Couthold Town Plannino Board 08/17/2~00 12;~2 · CROTEAU PAGE 5/16/00 Via: Pax 7 pages plus this cover letter To: Tim Cauffield @ Peconic Land Trust Re: Bell AtlaRtic Phone Bquipment Cabinet on Bayview Road Tim, As per our discussion this morning, I am sending you information regarding the Bell Atlantic utility easement request for an eqmpment cabinet on our farm. Given the location I don't feel ir adversly affects the local aesthetic since it borders the Fire Department BuLtding, (arid their chain- link fence), which was constructed after we created the conservation easement, It is also placed in a low area of the farm. I would request that they paint the box Dark Green and landscape it with plants to further sheild it from view. Please call if you have any questions or need additional irfformation. Sincerely, Michael General Part1~ ~3/17/2~00 12:32 PAGE 02 501 North Ocean Avenue Patcho~ue, New York 11772 February 14, 2000 Bayview South Harbor Partnership 1420 S. Harbor Road Southold, N.Y. 11971 RE: Easement request on property at 1450 S.Harbor Road, Southold, New York To Whom It May Concern, Bell Atlantic would like to purchase an easement for an Equiptment Cabinet. This letter will outline some of the details of our request. 1). 15' x 30' easement area approximate location as shown on the enclosed picture and tax map. 2). Equlptment Cabinet 103 1/4"L x 70"H x 45"W. See enclosed pictures. 3). Power transfer switch will be located on the easement (see diagrams attached). 4). Bell Atlantic will provide landscaping and/or fencing at your request. $). Bell Atlantic agrees to compensate you in the amount of $5,000 for this grant of easement. 6). Sample easement agreement enclosed. Your consideration in this matter is greatly appreciated. XfI can answer any questions or if you would like to make an appointment to discuss this proposal further, pleased do not hesitate to contact my ofl~ce on 516 68%8555. Very truly yours, Mgr. R/W, Bell Atlantic GL/cb Enclosures 03/Z7/2000 L2:32 67656834 CROTE/~U PAGE 14:4{~ EN PPORT 0ROUP ?Eb:6~7 8512 P. 005 NOTE: THIS Pt~QPERTY 0[5 ~NATCD AS A PA~T OF PLOT "PE~ONtC ~ND T~U~ T ~ON~VATION E~EMENT" AS SHOWN ON "CLU: TER SUBDIVISION EUFFO~ COUNTY ~L E NO. 10085 . ~¥.:' ',;,.~'; '~,. CUA~ANT[EO ONLY TOt T~E NEW YORK TELEPHONE CqMPANY MAP OF: DISTRICT ~000, SECTION BLOCK 4, P/D LOT NO. 22.9 PROPOSED EA ;EMENT LOCALLY: BA~I~ DGD JOB NC 2016 TOWN OF: SOUTHOLD SURV~ED: FEBRUARY 23 2000 COUN~ OF: SUFFOLK STA~ OFt N~ YOR~ EXHIBIT 03/17/2B00 12:32 ~tAl~ -01' O,OiWgD) 14:40 51676§6034 CROTE~U ENO. OU GROUP TEL:687 8~ Pr~anal ~ Sunmy~' 2.22 GP, F_.ENI~ AVENUE · Sa: 'VTI ! I=. NY 1179E ,. TELEPHONE (631) -¢~-5,3E0 · FA~ (~31) J AIl that c~l~ia plot, piec~ ~ No, 4, "Pecanic Land T~ ~ S~P~2 ~ C~ File No, 100~5 ~ f A~ (F~'s ~} ~ ~.nn~g ~ ~ ~3~3 No~ 16~-21'~0" W~ a ~ S~ 25~-50'-20" W~ ~ S~d p~l ~ ~o~ ~ ~ February 25, 2000 DOD Iob No. 2016 ,EASEMENT TO ~ YORK T~!.~-PltONE COMPANY led rm NOV~"~ 9.~, 1997, md ~ mom p~sd~, '-20" We~ a di.~,,~- of 30.00 f~ m a pai~ d~nce ta~ce of l!l.O0 f~ Io a poim, ~h~c~ an~ of 43.60 f~ to a poim ~ d~ w~i~rly linc ofM~,h~ ~ay~ the w:s',grly line of Main l~.y~ew Road. a dL,~ -,-' of 20_25 n~. eSiLy,-,,v~ as Diga~ct 1000, Scclian 75. Block 4, Part of~Nc ~ ofthe Cotmly of Suffolk and ordaining 552.01 squaw i89-4292 im,, 0127 P~GE 04 P. 002 05/17/2000 12~32 % CROTEAU PAGE 05 03/17/2000 12:32 51576§6034 cRO ~E~u PAGE 06 ,& E L ~.o I. :leaqS 'gZO-OOOl, - g6-,/.661, ',AN "~lo~ns 03/17/2000 ]2:32 516755~034 CRO~EAU PAGE 07 l~ssue 1, Septembe~ 1993 GENERAL The power pedistaJ or Power Transfer ,Switch suppJys AC power to Ihe remote termi- nal, Hut or C.E.V. location. The pedlstal provides a manual trans~r br power from the A.C. power breaker to the emergency recepfical breaker. This is done ~o supply backup power from a portob[e generator. © Figure 1 ... ~ Generator Receptica[ Wh,"h Cover Figure l Power'lron~fer Switch maun~ed an rancrete pad, This illustralion indicales either R PEIL incoming power or PEIL incoming power. Use one or th~ other depending on which unit.you ordered. CONFIDENTIAL Subjed to restrictions on first page. -2- 03/17/2000 ~2:~2 §1B7BBB034 CR~TEAu PAGE 88 The Litespm LSC-2030 Right of Way DSC' BAYVIEW SOUTH HARBOR PARTNERSHIP, having an office at South Harbor Road, Southold, New York for the purpose of abandoning and cancelling the sub-divisions of a certain tract of land, owned by us and hereafter described, pursuant to Sub-Division 3 of Section 335 of the Real Property Law of the State of New York, do hereby certify: 1. That a certain map sub-dividing such tract of land and other land situate in the Town of Southold, County of Suffolk and State of New York, into lots, plots, blocks and streets, entitled "Map of BAYVIEW SOUTH HARBOR PARTNERSHIP" filed in the office of the Clerk of the County of Suffolk on November 2, 1994 as Map No. 9594. 2. That more than 2 years have elapsed since the filing of said map. 3. That the tract of land owned by the undersigned is situate in the Town of Southold and consists of an area not less than one half acre consisting of the part of lot, described as follows: Ail that certain plot, piece of parcel of land situate, lying and being at Bayview in the Town of Southold, County of Suffolk and State of New York, being known and designated as Part of Lot ~ as shown on a map entitled "Map of Bayview South Harbor Partnership" which map was filed with the Suffolk county Clerk on November ~, 1942 as Map No. 9594, which part of lot is bounded and described as follows: BEGINNING at a point on the westerly side of Main Bayview Road, distant 217.25 feet northerly from the intersection of the northerly side of Baywater Avenue (Freeman's Lane) with the westerly side of Main Bayview Avenue; RUNNING THENCE the following three courses and distances along the northerly side of land now or formerly of the Southold Fire District: 1.) South 73 degrees 38 minutes 20 seconds West 500.50 feet; 2.) North 8 degrees 20 minutes 40 seconds West 50.00 feet; 3.) South 72 degrees 32 minutes 50 seconds West 200.00 feet to the easterly side of South Harbor Road; THENCE along the easterly side of South Harbor Road, North 8 degrees 20 minutes 40 seconds West 814.79 feet; THENCE North 79 degrees 22 minutes 10 seconds East, ~60.00 feet; THENCE the following three courses and distances along land now or formerly of Glenn Smith and Ellen Rosenbush Smith; 1.) South 10 degrees 37 minutes 50 seconds East 296.66 feet; 2.) South 70 degrees 37 minutes 50 seconds East 308.14 feet; 3.) North 26 degrees 31 minutes 00 seconds East 262.73 feet; 13 5 2 1 #ABS. No. BLED AUG 071998 THENCE the following two courses and distances along land now or formerly of Stepnoski; 1.) South 02 degrees 27 minutes 00 seconds East 85.00 feet; 2.) North 88 degrees 26 minutes 00 seconds East 129.00 feet to the northwesterly side of Main Bayview Road; THENCE the following two courses and distances along the northwesterly side of Main Bayview Road: 1.) South 26 degrees 31 minutes 00 seconds West 132.91 feet; 2.) South 25 degrees 50 minutes 20 seconds West 422.81 feet to the point or place of BEGINNING. 4. That the Lot(s) above mentioned is(are) unimproved for the use of any owning occupant or any other persons having an interest in any part of the said sub-division of lands as shown on the aforesaid map. 5. That the said part of Lot is cancelled and effective with due approval said part of lot shall no longer exist. hereby abandoned and and recording thereof, 6. Endorsed hereon will be the approval of the Board of Assessors of the Town of Southold. 7. Submitted herewith is an Abstract of Title to said part of Lot to be abandoned covering a period of at least 20 years last past and a certificate of a licensed Title Company to the effect that there are no unpaid taxes or tax liens against said lands. In witness whereof, this Certificate is made and executed at , 197~- / A/~ this / day of ~Partner of BAYVIEW SOUTH HARBOR PATNERSHIP STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: On the / ~ ~ day of v~ , ¢~o~&_~_ , 19 ~ before me personally came a partner of BAYVIEW SOUTH HARBOR PARTNERSHIP to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public I~TRI~,L~ C, MOORE ~uffol~ County. No. 4801068 I, the undersigned, the Assessor of the Town of Southold, Suffolk County, New York, do hereby approve and consent to the foregoing Certificate of Abandonment. Dated: STATE OF NEW YORK) COUNTY OF SUFFOLK) On the ~ day of ~ personally came ~ ' ~. , to me known to be the individual described in and who executed the foreg~%ng instrument and acknowledged that he execu~ed~he same. ~ -- Notary Public ~ WILLIAM D. MOORE Notery Public, State of New Ymk No. 4832728 Corn Quallfmcl in Suffolk County mls~xt F. xpire~ January 31, ~ 00o PLANNING BOARD MEMBERS$ RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTItOLD August 11, 1995 Michael Croteau 1450 South Harbor Road Southold. NY 11971 RE: Farm Stand at South Harbor Road, Southold SCTM~ 1000-75-4-22.1 Dear Mr. Corteau, The Planning Board has determined that sufficient off street parking exists for the above referenced farm stand, The Board waives site plan approval for this stand. The Building Department has informed us that a building permit is required, If you have any questions, or require further assistance, please contact this office, -KobeYt ~;. Kassner Site Plan Reviewer cc: Thomas Fisher. Senior Building Inspector In Charge CERTIFICATE OF ABANDONMENT PURSUANT TO NEW YORK REAL PROPERTY LAW SECTION 335(3) EAYVIEW SOUTH HARBOR LIMITED PARTNERSHIP, a New York limited partnership having its principal offices at 1450 South Harbor Road, Southold, New York 11971, for the purpose of abandoning and cancelling the subdivsion of a certain tract of land owned by it and hereafter described, pursuant to Real Property Law section 335(3),' does hereby certify as follows: , 1. A certain map S.ub~ividing such tract of land and other land situtate in the Town of Southold, County of Suffolk, State of New York, into lots, plots, and blocks, entitled "Subdivision Map of Property Surveyed for George A. Stepnoski" was filed in the offfice of the Clerk of Suffolk County on August 3, 1992 as File No. 9255. 2. More than two (2) years have elapsed since the filing of said~ map. 3. The tract of land owned by the' undersigned which is to be abandoned and cance11..ed, is situate in the Town of Southold, Suffolk County, New York and is known and described in the attached "Schedule A" which is made a part of this certification. 4., The area to be abandoned is greater than one-half acre 'or consists of two or more contiguous lots and no opened or proposed, roads other than those entirely within the bounds of the property to be abandoned areincluded within the bounds of such property. 5. The undersigned owner does hereby ABANDON AND CANCEL the subdivision of such tract of land described in Schedule "A" hereof, comprising Lot i on the aforesaid subdivision which shall no longer exist upon the due approval and recordation of this certificate. 6. Endorsed herein is the approval of the Assessor of the Town of Southold. rILED OCT 31 1994 ovemefit~'Y theli~on,'~ erected ~ '~ s ltults, "I y l'ns~ia n~t ~ be lh9 a t ' Sou~ho ld, Soqthold, ~ c~y "off a~uffgol~/l'and" State ~' Ne~; :YoPk, ' know and ed: a$: "Minor Su~lviston "-~Bayvl~w ~out~..Harbor '.blmited · ' ~lp'l,'~"nor~' par~ioula~ly~bouo~ed';and ~esdrlbed/as 'follo~S~ EOINNINO .at a point on ~h~,~este~ly side 'of Main Bsyview.Ro~d~ at :he~st~ly "corner,l of ;~land ~no~ ':or 'foraetL~ "Southold Fl'rs ' District, ,n2;~:~elng ?~ltuate ' NOr2h [.00 'deg ?J13 ' rain .'*~ O0 's~o. ~gast ' 217.25 ~red ;along *the' westePIyr~lde ;Of 'Main 'Bayview Road 'from 'the {tic. ',of~",the ~.orthe~ly !side ~o~.rBayWate~ 'Avenue { (also ' ~.own as ,s.~ne) and the westerly side of Main Sayvlew Road, liNG ~henge from said pein2 of beginning along 'land now or ' 8outhold'Flre .District.[,the following thrss' (3) courses and stances g" .... 1,' South 73 deg, 38 min,.'20'seO;IWest 500,50 feat, 2.,' Nor.th 08 deg, 20'min, '40~seo, ~West 50,00 feet, ~i3 ' · , ~.. , ~, : a~,. ' "' 4. .f - ..ti ' South 72 __~ 32 mln, '50' See,' West 200,'00 *'~eet" to the '~asterly Ha rbor .Road; .... ., .f.,, ,~ ~ ,,}~..~ RU~NING: thence North 08 dog,, 20 min.; 4~ eeq, We~t' along the easterly side,of Sou~h. Harbor. Road .~[4,80:.f~e~, ~o land nO~ ~o~- for~rl~. ~:"~,1,,~' ~ .,~ ..... , ,,, ... ,'~;, ,~. , i. '~' ' ''~ ., ,~h~/~RON~NO.,t~enc~. North 79~deg, 2~ m~n. 10 sec, East. along .land now or ~ormerly,'Frank.'Buonaluto and 'al~n~ the .southe=ly "b~undary of su~iviston - Harbor Homes", . Suffolk ~Coun~y~ ill~ .No, ' 4096 ~ [ 1214,82 feet to the ..~..'slde.'°~ Main BayvI, W. Road.,:..t :':'~ South 20 d~9~ 45 ~tn,. O0 s~, .~s~ alon9 th~ de of Main Bayview Rca{ 301.66 feet to land now or fOrmerly George I. I ':thence along .land~now,or formerly George A. Stepnodki following 'three (3) co~rse.:and:distancesl ~ - .. ,' ,,' ' ~ ,~ ~ m, , ,', South 84 deg. 45 mln~ O0 sec. West' 173.00 feet, ., 'South 02 .deg. ~7 mi'ri. 00 sec. West 85.00.,feet,~ · North 88 deg. 26 min. 00. eeo. East 129,Q9 f~et to ~he 'westeriy i ~ .'.'. :NS thence'a Long..ithe,weste~.ly'~slde of'Main Bayylew ~oad the two '(2) courses and dlstanoegl' · -, .... ! ' .... ?'. .!"': ~' '. South 25.'deg, )50 'min.' 20 sec. West 422.81 feet to land ~ow or S~u~hold 'Flr~ . , ~i '~'~n~,a~,'and the: · · ~.;<: of BEGIHNING . . -. ~,' :~ .. District point orJplace. .... an; ar~'~ ofz,[~..,5473'' AoreS i~:: . · 7. Submitted herewith is an abstract of title covering a period of at least 20 years past, and a report of tax search by All.~Sho~e Abstract, Ltd. for~Commonwealth Land Title Insurance Company to the effect that there are no unpaid tax liens agains,t the said la.n,d,, to, be approved by the Clerk of Suffolk Coun~.~y. at~ .the ti,m? of ,r. ecording h.e. reof. IN WITNESS ,WHEREO, F,~ this ~ertificate is made and executed .this day. o ~.October, 1994 ?~,a~: ~::, ~ ~ :~:.. ~..,.. BAYVIEW SOUTH HARBOR LIMITED PARTNERSHIP STATE OF NEW YORK: ~':'.v -?~ t::-~, ..... .. .~ COUNTY OF.SUFFOLKI es.:. On' the'~ day of October, 1994, personally came Michael Croteau to me known to be the individual described in and who executed the foregoing instr--, ~nd acknowledged that he executed the same. ~ml~ F~r~":~'~ ~oun~ ~ : ._ -- .... uanua~31, 1~ APPROVAL BY sOUTHOLD TOWN ASSESSOR FOR A~ANDONMENT OF MAPPED PROPERTY~WITIN THE TOWN OF SOUTHOLD I, Scott A. Russell, the Assessor of the Town of Southold, Suffolk County, New York, have examined and reviewed the Certificate~of~Aband°nmen~&ttached hereto. I, the undersigned, Assessor of the Town of Southold, Suffolk County, New York, do hereby consent and approve the attached Certificate of'Abandonment, which is to.b~!promptly filed in the office of the Suffolk county Clerk. STATE OF NEW YORK-' COUNTY OF SUFFOLK~ss.:~ ~-t ~v~ ~ ~ · h~ On%~ea~day or,october, 1994,-before. me. personally came Scot~ A. Russell to me ~o~ to be' the indiv~dualtdescr~bed ~in"'and who' executed ~ the foregoing:~ inst~ent,, and ac~owledge~ ~at he executed ~e same. N~a~ ~lic~ ~ ~' ~ z?o ,~ .~.- DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK ROBERT 1. GAFFNEY SUFFOLK COUNTY EXECUTIVE MARY E. HIBBERD, M,D., M.P.H. COMMISSIONER October 31, 1994 Melissa Spiro Southold Planning Board Office Town of Southold Town Hall,53095 Main Road P.O.Box 1179 Southold, New York 11971 RE: Bayview South Harbor Limited Partnership SCTM#: 1000-75 -4-22.1 SOUTHOLD TOWN PLANNING BOARD Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated September 7, 1994, concerning the above-referenced project. The Department has no objection to your designation as lead agency. Based on a review of the subject coordination, the Department offers the following conmnents. However, the Depamnent wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. Also, these comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk Cotmty Sanitary Code concerns by appropriate deparhtxental personnel when SCDHS applications are completed. Our agency has no record of a current commercial application for the proposed action as required by Pmicle VI of the Suffolk County Sanitary Code (SCSC). We recommend that the project sponsor submit an application to our agency's Bureau of Water and Wastewater at the earliest possible date so that a complete technical assessment of fltis proposal can be undertaken. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow DIVISION OF ENVIRONMENTAL (~UALITY COUNTY CENTER Letter to Melissa Spiro October 31, 1994 Page 2 specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2078. Sh~cerely, Kimbedy Shaw Sr. Environmental Analyst Office of Ecology KS/arnf cc: Vito Minei, P.E. Stephen Costa, P.E. Frank Dowling, SC Planning DATE: SENDER: SUBJECT: SCTM#: CO~EN~S: ~ZCO0 P~ SUBMISSION WITHOUT COVER LETTER ~olz~ 1~t TiM Ca** fi'e. Jd 7~-g- zZ. I p[~ , PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES Present were: Richard O. Ward, Chairman O. Ritchie Latham Bennett Orlowski, Jr. Kenneth Edwards Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Mar[ha A. Jones, Secretary Absent:' Mark McDonald Mr. Ward: Good evening, I'd like to call the October 24, 1994 Southold Town Planning Board meeting to order. The first order of business is the setting of the next Planning Board meeting. Board to set Monday, November 14, 1994 at 7:30 p.m. at the Southold Town Hall, Main Rd., Southoid as the time and place for the next regular Planning Board meeting. Mr. Latham: Move it. Mr. Edwards: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. % Public Hearings Mr. Ward: 7:30 p.m. Bayview/South Harbor Limited Partnership - This minor subdivision is for 2 lots on 17.55 acres located on the east side of South Southold Town Plannin~loard October 24, 1994 Harbor Rd. and the west side of Main Bayview Rd. in Southold. SCTM# '1000-75-4-22.1. Is the applicant here, and would like tO address the Board? Tim Caufield: Tim Caufield with Peconic Land Trust and I'm here on behalf of Michael Croteau and the Bayview South Harbor Limited Partnership. Here on behalf and in support of the project, I believe the only thing that the Planning Board has been waiting for is the Park and Recreation fee which I have and can submit today. And other than that, if there are any other questions, we're hoping to get final approval tonight. So, I'd just like to submit this. (Submitted $2000 Park and Playground fee). Mr. Ward: Anybody else like to address the Board tonight on this project? If not, what's the pleasure of the Board? Mr. Orlowski: I make a motion to close the hearing. Mr. Edwards: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I also make a motion to adopt the October 6, 1994 Suffolk County Planning Commission report. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I also make a motion WHEREAS, Bayview South Harbor Limited Partnership is the owner of the property known and designated as SCTM# 1000-75-4-22.1, located on the east side of South Harbor Road and the west side of Main Bayview Road in Southold; and WHEREAS, t~his proposed minor subdivision, to be known as Bayview South Harbor Limited Partnership, is for 2 lots on 17.5473 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and Issued a Negative Declaration on October 3, 1994; and Southold Town Plannijoard 3 October24,1994 WHEREAS, the applicant has granted a conservation easement to the Peconic Land Trust on approximately 12 acres of the property which shall remain in its open, undeveloped and scenic state; and. WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 24, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore ~ RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated~ September 26, '1994. Mr. Edwards; Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.' Ward. Mr. Ward: Opposed? Motion carried. (Chairman endorsed surveys) Ward: evening? Gall Wickham: I'm here on behs like to speak in ~e application and lot line that (inaudible)the two for many, many years. If' 7 ' :55 p.m. James and Mary Ann Abbott - This lot line c,¢~Enge is to ~,4C square feet from a 55,890 square foot lot anc)~a'dd it to a ~are foot lot. SCTM# 1000-126-5-2 & 5. Is the~aCplicant here this the applicant. I'd just we're straightening out a have been separate uestions I could answer? Mr. Ward: Anybody else here lng that would like to address the Board on this application, p hearin If not, all is in order to close the hearing. / Mr. Orlowski: So mg~ Mr. Latham: S~d. Mr. War/cb/ Motion seconded. All in favor? / Aye/¢. Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. ~r. Ward: Opposed? Motion carded. We're also In order for a motion for the project. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE October 6, 1994 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - Bayview South Harbor Limited Partnership W/s/o Main Bayview Road, 217.25 feet north of Baywater Avenue. Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on October 3, 1994, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Bayview South Harbor Limited Partnership" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. File: S-SD-94-12 FD:mb Attachment Very truly yours, Stephen M. Jones Director of Planning Subdivision R~ew Division , Oul'l- ,.,_0 u. PI ANHiNG 3{!~0 J File No. S-SD-94-12 Resolution No. ZSR-94-104 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, WHEREAS, WHEREAS, RESOLVED, RESOLVED, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on September 20, 1994, with respect to a proposed plat entitled, '%{inor Subdivision - Bayview South Harbor Limited Partnership" submitted by the Town of Southold Planning Board affecting premises located on the w/s/o Main Bayview Road, 217.25 feet north of Baywater Avenue, in the Town of Southold, New York, and said referral was considered by the Suffolk County Planning Commission at its meeting on October 5, 1994, and the Commission has voted to approve with certain changes said referral, Be It Therefore That the Suffolk County Planning Co~ission hereby approves and" adopts the report of its staff, as modified, as the report of the Commission, Be It Further That said proposed plat is approved subject to the meeting of the following condition deemed necessary for good planning and land use. That the filing of a property covenant reflect transfer of any property rights to the development area. The Commission also offers the following comment on the map: The Town of Southold should require a sketch plan for the development area as part of this subdivision action. Motion by: Commissioner London Commission Vote: 12 Present Seconded by: - Yeas I1 Nays 0 Abstentions 1 Dated October 5, 1994 Hauppauge, New York Suffolk County Planning Commission Commissioner Commissioner Rosavitch /94iiiiiiiiiiii NUMBER:~N1473800-00909 i~Tovrn of SOUTHOLD, SUFFOLK County TITLE: Bayviaw~S~ Ha~b~ Ltd DES CR~ PT~N: i ::::~ i Of ~'~ ~ i ;: :; :;::i i;ii:::.::::iiii:~:~;~::ac, loc E/S S. Harbor Rd. 11 00 IMPORTANT >> File Number: N1-473800-00909 Use the above number in all ' ! correspondence about this action. To the Lead Agency: The above information confirms that filings on the described Negative Declaration were officially received by, and entered in the SEQR Repository on the date(s) shown in the box headed DATE RECEIVED above. The date and time in the second line show when this document was printed. Please check the information above carefully. For corrections or questions contact Charles Lockrow, (518)457-2224, or write to: SEQR Repository NYSDEC Division of Regulatory Affairs 50 Wolf Road, Room 514 Albany, NY 12233 Town of SOUTHOLD Planning Board 53095 Main Road-P.O. Southold, NY 11971 Box 1179 SO ?OLO ¥'.'N I DATE: SEN~E~.. T,'~ sc~.,~: 7~'-q-z2. [ SUBMISSION WITHOUT COVER LETTER Pct Hr n~ ~,'p SOUIHOLD TOWN PLANNING BOARD SOUTHOLD FIRE DISTRICT P.O. BOX 908, SOUTHOLD, N.Y. 11971 October 18, 1994 Mr. Richard G. Ward, Chairman Town of Southold Planning Board office PO Box 1179 Southold, NY 11971 Re: Bayview South Harbor, Ltd 1000-75-04-22.1 Dear Mr. Ward: This is to notify you that the Southold Fire District Board of Commissioners has reviewed the survey for the above mentioned parcel. At this time, there is no need for fire- wells on this property. The Board of Commissioners feel that there is adequate fire protection for that area. Sincerely, Cynthia Caprise Secretary OCT 2 0 SOUTHOLO TOWN PLANNING BOA?D DEVELOPMENT AREA = 5.1731 ACRES LC TOTAL AREA = CONSERVAT AREA = 9 "PECONIC S- So~O~k Cou~'~ ~ uot 1~ T/OTAL AREA = 5.0001 ACRE~ CONSERVA 88'26'00" A~EA ~ ~.~149 ACRES "PECON C~LAND~RU~T'' , / ACRES v or formerly old Fire District Lot 2 now or formerly George A. Stepnoski pursuant to ,~ction 276 Of Ihe Town Law,~a~P%lie hea~ng will beheld by the ~M To~ ~ T~ ~1; ~n R~ New Yo~ ~y of ~to~r, of ~ foH~g 7:~ P.M. F~ public ~ng f~ the proposed minor su~!vision for ~="~-~-~'.' =~ Southold Town of ~o~ ~ of SUffo~ ~ of N~ Y0~.~Suffo~ Coun~ Tax Map N~ 1~75~-~.1. ~C pmp~y is bordered on thc nbrth by land n~ or for~fl~ of a~o,~ ~ ~w ~ f~ ~ ~, by ~ now ~ f~y ~, by~ ~w ~ ~y of ~ng, by land now or fo~e~y of ~ by ~ ~ or f~ly 0f va~woxkum and by the Town of 'Southbld; on the e~t by Main ~yview R~ ~ by ~ ~ ~ f~- merly of Stepnoski; on ~e soulh by ~ ~ ~st~ct; and on ~e wesl by South ~ R~. Tax Map Numbe~ 1000-126-5-2 & 3. Th~ l~ope~y la bordered on the noflh by P~canl~ stay Blvd.; On t~e east by land now or formerly of Dowm; ~ lite somb by Pecordc Bay; ando~ ~e~by ~w ~ f~- ~y of ~e. 7:~ P~. ~ ~blic ~ for L. ~ng ~ M~t G. KinL and Fishers Island, Town of Southold, C~O of S~ St~ of N~ Y~. Suffolk ~ounty Tax Map Nnmber 1~5-2-10.8 ~ 10.9. The prope~y is bo~red on the ~ by ~t ~ ~ ~d ~ ~d ~ ~ f~y of ~y; on ~ ~t ~ ~ by B~ Is~ ~ ~ ~ ~ ~for- merly of Miller, et al; and on the ~ by ~ ~w or f~y of ~1~. ~:~II, 1~ BY ORD~ OF ~ SO--OLD ~WN ~c~ G. W~d C~ 8~-1~13 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) ~of Mattituck, in said County, being duly sworn, says that he/she !~ Principul Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Malfltuck, in the Town of Southold, County of Suffolk nnd State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in ~uld Newspaper once each week for t weeks ~lm~ngonthe-~'~ dayof CHRISTINA VOUNSKI Notary Publio, State of New Ymk ..~ No. soo4ae4 [~,~ Qualified in Suffolk CounW .~L~ Commission I:x~ Not~j Pnhlle Sworn t '- Io e i q/ Prb~dpul Oerk Vo lc/' COUNTY OF SUFFOLK STATE OF NEW YORK ss: Noti~ o~ ~ re=ms CoUnty of Suffolk~ Staie of New York, Tax land,~ ~,fofihe/ly: of l~d~ ~ ~rly;~ of 7:3~ P~ ~F~ pu~c h~ ~ttu~ ~ 0f So'aid, Ounty of $~ff01k, Sram of ~ York. S~ffolk County ~x Map Number ~126-~-2 & 3. The property is borde~d on th9 north~i~ ~c BaY Uno ¢han~ for: H~ L; King and M~u'ga~t G. ~"4 ?~ ~:~ v~n der Bnd Patricia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for ........................ ~ ..... weeks suc~s~vely, commencing on the Swo~ to before me on this · ../~.day of .............. ~....................~&.. ~ ....... , Notary Public BARBARA A. ~HNEIDER NOTARY PUELIC, State of New York No. Qualified in Suffolk Commission Expires SOUTHOLD PLANNING DEPARTMENT OF PI.ANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I,C.P. DIRECTOR OF PLANNING October 6, 1994 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - Bayview South Harbor Limited Partnership W/s/o Main Bayview Road, 217.25 feet north of Baywater Avenue. Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on October 3, 1994, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Bayview South Harbor Limited Partnership" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Pile: S-SD-94-12 FD:mb Attachment Very truly yours, Stephen M. Jones Director of Planning /rank Dowl~ng, P/incipal Planner /Subdivision R~ew Division SOUTHOLD IO¥~N I P~NNING BOAR9 _.,j File No. S-SD-94-12 Resolution No. ZSR-94-104 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, WHEREAS, WHEREAS, RE SOLVED, RESOLVED, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on September 20, 1994, with respect to a proposed plat entitled, "Minor Subdivision - Bayview South Harbor Limited Partnership" submitted by the Town of Southold Planning Board affecting premises located on the w/s/o Main Bayvtew Road, 217.25 feet north of Baywater Avenue, in the Town of Southold, New York, and said referral was considered by the Suffolk County Planning Commission at its meeting on October 5, 1994, and the Commission has voted to approve with certain changes said referral, Be It Therefore That the Suffolk County Planning Commission hereby approves and adopts the report of its staff, as modified, as the report of the Commission, Be It Further That said proposed plat is approved subject to the meeting of the following condition deemed necessary for good planning and land use. That the filing of a property covenant reflect transfer of any property rights to the development area. The Commission also offers the following co~x~ent on the map: The Town of Southold should require a sketch plan for the development area as part of this subdivision action. Motion by: Commission Commissioner London Vote: 12 Present Seconded by: Commissioner Yeas 11 Nays 0 Abstentions 1 Commissioner Rosavitch Dated October 5, 1994 Hauppauge, New York Suffolk County Planning Commission PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Man~ S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 1994 Michael Croteau 1450 South Harbor Rd. Southold, NY 11971 Re: Proposed minor subdivision for Bayview/South Harbor Limited Partnership SCTM# 1000-75-4-22.1 Dear Mr. Croteau: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, October 3, 1994: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency, and as lead agency make a determination of non-significance, and grant a Negative Declaration. BE IT RESOLVED that the Southold Town Planning Board set Monday, October 24, 1994 at 7:50 p.m. for a final public hearing on the maps dated September 7, 1994. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, Richard G. Ward Chairman enc. PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516} 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 3,1994 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (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: Minor subdivision for Bayview/South Harbor Limited Partnership SCTM#: 1000-75-4-22,1 Location: East side of South Harbor Rd. and west side of Main Bayview Rd. SEQR Status: Type I ( X ) within 500 feet of CEA Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Minor subdivision of 17.55 acre parcel into 2 lots; Lot 1 is 5 acres with a 3.2 acre conservation easement. Lot 2 is 12.55 acres with a 9.37 acre conservation easement. Page 2 SEQRA Negative Declaration o Bayview/South Harbor Limited Partnership October 3, 1994 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The minor subdivision has been presented with a significant portion of the property (12.59 acres) located within a conservation easement. The conservation easement shall be with the Peconic Land Trust, Inc., a not- for-profit New York corporation. The area within the conservation easement shall remain in its open, undeveloped and scenic state. The Planning Board has not received correspondence from the Department of Health Services in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The Planning Board has received correspondence from the New York State Department of Environmental Conservation. They have no objection to the Planning Board assuming lead agency. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Langdon Marsh, DEC Albany Suffolk County Dept. of Health Judith Terry, Town Clerk Suffolk County Planning Commission Southold Town Trustees Applicant Jim Monsell, Greenport Public Utilities Richard Caggiano, Greenport Village Administrator New Yo~'S~te Department of Environmental Conservation Dear Thomas C. Jotting Commlmmloner RE: LEAD AGENCY COORDINATION REQUEST The purpose of this request is to determine under Article 8 (State Environ- mental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your agency's interest in acting as lead agency; 2. Your agency's jurisdiction in the action described below; and 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part l of the Environmental Assessment Form to assist you in respond, ing. Project Name: ~c~ac] ~'~Y~ ~c~[J~2~ DEC Project Number: /-- /~,>:_ ~': ~ / DEC Permits: SEQR Classification: DEC Contact Person: [ u~Tyje I ./ [ ] Unlisted DEC Position: t~DEC has no objection to your agency or another agency assuming lead agency status for this action, but reserves the right to comment on this action if a positive determination of significance is made. Fl DE~ has no objection to your agency or another agency assuming lead agency status for this action, but we have the following concerns regarding this project (see "comments" below). [ ] DEC wishes to assume lead agency status for this action. I1 The proposed action has been identified by DEC as occurring wholly or partially within or substantially contiguous to a critical environmental area {CEA} that was designated by It is the position of this Department that your agency, if it has a juriS- diction over the action, should assume the lead agency role based on the existence of the CEA and the fact that the anticipated impacts are primarily of local significance. [ ] Other. (See comments below) Comments (Optional): Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. If neither your agency nor any other involved agency, including DEC, has indicated a will- ingness to serve as lead agency within 30 days of this letter: We will petition the Commissioner of DEC to designate a lead agency for this action. Enclosures [ ] We will petition the Commissioner of DEC to designate your agency as lead, presuming you have jurisdiction. Ple~ase feel free to contact this office for further information or discussion. Sincerely, (.see distribution l_s_,i t) ,.. ' '/ " - C~: JOINT APPLICATION FOR PERMIT -- U SARMY CORPS OF ENGINEERS APPLICA/FION NO Please read ALL instructions on back before completing this application Please type or print clearly in ink. Attach additional infomlation as needed J~ARTICLE 9, TITLE 1, ARTICLE 436NYCRR 646 (LAKE GEORGE RECREATION ZONE( E~ARTICLE 15, TITLE 3 (AQUATIC PESTICIDES CONTROL) {~6NYCRR 327 (AQUA~.~q ~'[(~ T~qFION) r'-16NYCI~R 328 (FISH} ~bNYCRR ~ARTI~LE 15, TITLE 5 6NYCRR ~8 (PROTECTION OF WATERS( ~For the disturbance of a STREAM BED OR BANKS or excavation i~ or filial N~glGABLE ~TERS., ~1 WATER QUALITY CERTIFICATION ~CL~ ~. T~Tr~ ~S ~0~YCRR ~ (WATE~ SU.~L~) ~6NVCRR ~2 tLONb ~S~X~D WE[L~ ~ARTICLE 15, TITLE 27 6NYCRR ~ [WILD, SCENIC AND RECREATIONAL RIVERS} ~ARTICLE 24 6NYCRR 662. 663 (FRESHWATER W~TLANDS} ~ARTICLE 36 6NYCRR 5~ (FLOODPLAIN MANAGEMENTJ ~T~Cr~ 2S 6N~CRR 0O~ (T~O~L WETLA~DS~ ~Cr~ 34 ~NrCRR SOS (COASTAL EROS~O~ .................................................................................................................................................. I LIST PREVIOUS PERMITJAPPLICATION NUMBERS AND DATES (If any) 2. APPLICANT IS A/AN ~lowner ~JOperator ~lLessee r--JMunicipality/Governmental Agency (Check as many as apply) 3. NAME OF APPLICANT [Use Full Name( P~yvi~w / South Harbor Limited Partnership 1450 South Harbor Road POST OFFICE Southold, TELEPHONE (Where can be reached during day) ( 51~ F-va~765-6032 STAT~ ZIP CODE N.Y. 11971 4 NAME OF m~owner r~Agent/Contact Person [Check one) Vaung a Young ATTN= ~hom~ C. Wolpert, P.E. MAILINGADDRESS 400 Ostrander Avenue .TELEPHONE (Where can be reached during day) ( 51~ 727-2303 POST OFFICE STATE ZIP CODE Riverhead, N.Y. 11901 PROJECT/FACILITY LOCATION (Mark location on map, see Number lB on reverse side] County Suffolk [ Town or city Southold J ViUage Southold STREET ADDRESS Elf different from applicant( 2740 Bayview Road POSTOFFICE STATE ZIPCODE Southold N.Y. 11971 6 NAME OFSTREAM OR BODY OFWATER Goose Creek 7 HAS WORK BEGUN ON PROJECT? If YES, attach explanation on starting work without permit, includes dates 8 WILL PROJECT UTILIZE STATE LAND? J~Yes {~No ' Showwork on map andJor drawings J~]Yes [~No [] Public Commercia October 1, 1994 N.A. $ N.A. Enclosed 13 PROJECT DESCRIPTION: (e g quantity and type of material to be excavated, dredged or used for fill or rip rap, location of disposal sites; type of structure to be installed; height of dam; size of impoundent; capacities of proposed water sources; extent of distribution system; etc } Realty Subd±vis±on - 2 Lots 14 WILL THIS PROJECT REQUIRE ADDITIONAL FEDERAL. STATE AND/OR LOCAL PERMITS? J~ Yes [] NO If yes, pieaselist: Suffolk County Department of Health - Approval to Cbnstruct Water & Sewer or Exemption from Regulations 15 CERTIFICATION: I hereby affirm that under penality oi periury that information provided on this form and all attachments submitted herewith is true to the best ot my knowledge and belief False statements made herein are punishable as a Class A misdemeanor pursuant to Section 21045 of the Penal Law Auqust 22, 1994 General Partner : 0 H / ~.~o~1 ) 4,' ' ., 617.21 E ~ .'¢' ' '; SEQR Appendix A ? ~__~._~ State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM. ! Purpose: The full EAF is designed to help applicants an~ a~encies determine, in an orderly ~ject ~ or action ~ay be significant. The question of whether an action may be significant is not atway~.~~~Ot- ~ Jy, there are aspects of a project that are subjective or unmeasu~eable. It is also understood significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particulae area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and aBencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full FAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGN'IFICANCE--Type 1 and Unlisted Actions Identify the Portions of EAF compleled for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will nol have a significant impact on the environment, therefore a negative declaration will be prepared. [] 13, Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONFD negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agen(~y Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed toassist in deterrnining whether the action proposed may havea significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional 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 availab[e and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Bayview South Harbor Limited Partnership LOCATION OF ACTION (Include Street Address, Municipality and County) South Harbor Road, at Southold, T/O Southold, Suffolk County , New York NAME OF APPUCANTISPONSOB Young & Young A~: Thomas C. Wolpert, P.E. BUSINESS TELEPHONE (5161 727--2303 ADDRESS 400 Ostrander Avenue, CiTY/PO STATE ZIP CODE Riverhead, N.Y. 11901 NAME OF OWNER (11 different) Bawiew/South Harbor Limited Partnership ADDRESS 1450 South Harbor Road BUSINESS TELEPHONE ( 516 I 765-6032 CITYIPO STATE ZiP CODE Southold, N.Y. 11971 DESCRIPTION OF ACTION Realty Subdivision - 2 Lots (No structures or fill are proposed) Please Complete Each Question-Indicate N.A. if not applicable A. Site Description PhysicaJ setting of overall project, both developed and undeveloped areas. 1. Present land use: QUrban Z]lndustrial E3Forest QAgriculture 2. Total acreage of project area: 17.5 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non~agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.l Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) IqCommercial []Other rqResidential (suburban) i~Rural (non-farm) PRESENTLY AFTER COMPLETION 0 acres O acres 0 acres 0 acres 17.3 acres 17.3 acres O acres 0 acres 0 acres 0 acres 0 acres 0 acres 0.2 acres 0.2 acres 0 acres 0 acres 3. What is predominant soil type(s) on project site? HaA - Haven Loam; RdB - Riverhead Sandy Loam a. Soil drainage: ~]Well drained 96 % of site []Moderately well drained ? % of site ~]Poorly drained 2 % of site b. If any agricultural land is involved, how many acres~of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N.A. acres. (See ! NYCRR 370). 4. Are there bedrock outcroppings on project site? ~JYes K]No a. What is depth to bedrock? N.A_ (in feet) 5. Appr(~ximat. e'percentage of proposed project site with slopes: [Z]0-10% 100 % [~10-15% 0 % ~15% or greater 0 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on tile State or the National Registers of Historic Places? []Yes ~No 7. Is proiect substantially contiguous to a ~ite listed on the Register of National Natural Landmarks? []Yes ~'lNo g. What is the depth oi the water table? 8'-30~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? K]Yes ~qNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I-Wes [~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? IqYes ~No According to Young & Younc~ Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e,, cliffs, dunes, other geological formations) [Yes ~No Describe 13. Is the proiect site presently used by the community or neighborhood as an open space or recreation area? [2lYes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? [][Yes C]No 15, Streams within or contiguous to project area: N.A: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N.A. a. Name b. Size (In acres) 17. Is the site served by existing public utilities? [~Yes []No a) If Yes, does sufficient capacity exist to allow connection? I~Yes b) If Yes, will improvements be necessary to allow connection? []Yes E~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes [~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ~'lyes r-]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? []Yes []No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 17.5 a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed: 17.5 acres initially; 17.5 c. Project acreage to remain undeveloped 17.5 acres. d. Length of project, in miles: N.A. (If appropriate) e. [f the project is an expansion, indicate percent of expansion proposed N.A. f. Number of off-street packing spaces existing N.A. ; proposed g. Maximum vehicular trips generated per hour N.A. (upon completion of project)? h. If residential: Number and type of housing units: N.A. One Family Two F~mily Multiple Family Initially Ultimately i. Dimensions (in feet) of largest proposed structure NoA. height; width; i. Linear feet of frontage aloeg a public thoroughfare project will occupy is? 1,539 3 acres. acres ultimately. Condominium length. ft. 2. How' much'~latural material (ie., rock, earth, etc.) will be removed from the ~ite? 3. Will disturbed areas be reclaimed? [ ]Yes [JNo L~N/A a. I[ ~es. for what intended purpose ~ the site being reclaimed? b, Will topsoil be stockpiled for reciamation~ ~Yes ~No c. Wdl'upper subsoil be stockpiled for reclamation? ' ~Yes' ~No 4. How many acres of vegetation (trees, shrub~, 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? E3Yes ~No 6. If single phase project: Anticipated period of construction 7. If multi-phased: N..~.. a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? I~Yes [~No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project [~-~" 11. Will project require relocation of any projects or facilities? tons/cubic yards months, (including demolition). month year, (including demolition). month, year. ~]Yes (No ; after project is complete L~Yes ~gNo If yes, explain 12. Is surface liquid waste disposal involved? E]Yes 'E~.No a, If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [~Yes E~.No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain I~Yes E~o 15. Is project or any portion of project located in a 100 year flood plain? fi'lYes 16. Will the project generate solid waste? []Yes ~o a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? L~Yes ~No c. If yes. give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain E3Yes ~No 17. Will the project involve the disposal of sol/el waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated ~ite life? 18. Will project use herbicides or pesticides? [~Yes ~Yes ~]No tons/month. years. [~No 19. Will project routinely produce odors (more than one hour per day)? FqYes ~No 20. Will project produce operaLing noise exceeding the local ambient noise JevgJs? I~Yes 21. Will project result in an increase in energy use? ~Yes J~No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity ~--~-- gallons/minute. 23. Total anticipated water usage per day N-A- gallons/day. 24. Does project involve Local, State or Federal ft~nding? L~Yes ~No If Yes, explain [~No 25. App~vals ~.equired: City, Town, Village 8oard [~Yes [~No C-k~, Town, ~H~'~ Planning Board L]~Yes · F3No City, Town Zoning Board E~Yes ~No C4.~,, County Health Department I~Yes ~lNo Other Local Agencies L~Yes [g]No Other Regional Agencies OYes ~]No State Agencies NYSDEC [~Yes I~No Federal Agencies []Yes [~.No Type Subdivision Exempt from regs. Tidal Wetlands Permit or Letter of Non-Jurisdiction Submittal Date 8/94 8/94 8/94 C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? [~Yes [No If Yes, indi(~ate decision required: [~zoning amendment I~zoning variance [~special use permit [Xsubdivision I~site plan I~new/revision of master plan L~resource management plan [~other 2. What is the zoning dassification(s)of the site? Residential Low Density A "R-80" 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 8 Lots 4. What is the proposed zoning of the site? No change. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [~Yes I~No 7 What are the predominant land use{s) and zoning classifications within a '¼ mile radius of proposed action? Land Uses: Residential, Agricultural: Zoning: Residential - R-40, R-nD 8 Is the proposed action compatible with adjoining/surrounding land uses witi]in a '¼ mile? [~Yes [~No 9. If the proposed action is the subdivision of land, how many lots are proposed? 2 a. What is the minimum lot size proposed? 5 acres 10 Will proposed action require any authorization{s) for the formation of sewer or water districts? [Yes [[]No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, [ re protection)? [Yes a. If yes. is existing capacity sufficient to handle projected demand? ~lYes I-]No 12. Will the proposed action result in the generation of traffic significantly above present levels? F'lyes I~No a. If yes, is the existing road network adequate to handle the additional traffic? []Yes ~No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is t'rue to ~.l~e best of my knowledge. Applicant/Sponsor Name Thomas C. Wolp~rt Date ~-~94 Signature ~'~ ~' ~/.~-'¢~ Title Professional Enqineer If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedh~g with this assessment. now o~ for~erly Frank BuonoiU%o N 79'22'10" E ~60.00' Coincident "'~ of Land NoW ~r Formerly uonOiutO as Described Franikn ~iber 10537, Cp. 447 AREA Lot 2 12.5472 Lot 13 ACRES Lot 14 75zkB2' d Boundary Line as 5stabttShe ~n*h Southerly Line Coincident wi.- _. Subdi~sion of Land Sho~? ~r HomeS" ~a. south ~,- No. 4096 5;~fdk Courtly Lot 1 AREA = 5.0001 'ACRES 'property u, v-;~. 92D~ County File ,.o. 1214.82' .-- (N.79'39'OO'E 173.00' S 84'¢5'00" W 02'27'00" W 85,00' GARAGE 88'26'00" E 129.00' now or formerly George A. Stepnoski 50' P do Michael Cr0teau, 1450 South Harbor Road, S0uthold, New York, 11971 9/3O/94 To: Melissa Spiro, Planning Board Office, Town of Southold, New York 11971 Re: Sub-division/Couservation Easement, Surf. Co. Tax Map 1000 75 4 22.1 Dear Melissa, Regarding the pending minor subdivision of the property listed above, I would like to request that the plan- ning boaM waive the requirement to file final maps with the county clerks office. I am requesting this because the second phase of our conservation plan calls for additional subdivision of "development area #2". It may be necessary to implement phase two of our plan within two years and filing at this time would inhibit that part of our plan. Thank you for your consideration to this matter. Sincerely,~~ Mich~t4teau ~'~ cc: Peconic Land Trust OCT 3 199 SOLIIHOLD TOWN PLANNING BOAR~D ?ECONIC LAND TRUST 30 Jagger Lane, PO. Box 2088, Southampton, NY 11969 (516) 283-3195 Fax: (516) 283-0235 September 30, 1994 Melissa Spiro Southold Town Planning Department Town of $outhold, Town Hall 53095 Main Road Southold, New York 11971 Re: Conservation Easement (SCTM #1000-75-4-22.1) Dear Melissa: I understand that Michael Croteau has delivered to your office a copy of the conservation easement which he recently granted to the Peconic Land Trust. This easement reduces the allowable density on the property by more than 50%, from its current yield (potentially 9 lots) to no more than 4 residential lots after the gift of easement. In addition, the easement perpetually protects approximately 12.5 acres as open space. With regard to Mr. Croteau's subdivision application which is being reviewed by the Planning Board, we respectfully request that the Planning Board recognize this easement in lieu of any Covenants & Restrictions which might normally be a [,art of the final approval process. Mr. Croteau is willing to place a note on the final map which indicates the liber and page number of the recorded conservation easement which has been granted to the Trust. Please let me know if I can provide further clarification in this regard. Thank you very much. Sincerely, ~Caufield Assistant Director cYo Michael Croteau, 1450 South Harbor Road, Southold, New York, 11911 7/26/94 To: Melissa Spiro, Planning Board Office, Town of Southold, New York Re: Conservation Easement, Suff. Co. Tax Map 1000 75 4 22.1 Dear Melissa, Enclosed is the executed conservation easement for the property which we currently own in Southold. You'll find the signed easement, two maps showing the conservation area, and exhibits describing meets and bounds for each area. This easement has been recorded with the Peconic Land Trust on the date of signing. Sincerely, Michael 5/~au PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1994 Cynthia Caprise, Secretary Southold Fire District P.O. Box 908 Sou[hold, NY 11971 Dear Ms. Caprise: Enclosed please find two (2) surveys for ~L~V/~'~- [c~c~ - '7%-~ - ~.'~. ~ f Please notify this office as to whether any firewells are needed. specify whether shallow wells or cleo[tic wells will be needed. Please reply by Ir~ / \ c> cooperation. ~l~q i.C~ ,'~ Please . 1994. Thank you for your Sincerely, Richard G. Ward Chairman · I · '14-16-2 (2/87)--7c 617.21 ,~J~ i . 7 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM' ~u, Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site· By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focu~eson identifvingthe range of possible impacts that ma,/occur from a project or action· It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced· Part 3: If any impact in Part2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: ~ Part I '~ Part 2 ~Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and an,/other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined b,,, the lead agency that: · The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. - f-I B. Although the project could have a signif'icant effect on the env ronment there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on ~:he environment, therefore a positive declaration will he prepared. * A Conditioned Negative Declaration is only valid for Uulisted Actions Name of Action Nome of Lead Al:c'.~t Print ~Name of~Respons!b[e C)tficer il) Lead Al:enc¥ Title of Responslbh~ Officer .. _I I olficer) PART 1--PROJECT INFORMA~,~ION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe( on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere as part of the application for approval and may be subject to further verification and publicrev.ew Provide anyaddition~ information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involv new studies, research or investigation. If information requiring such ,~dditional work is unavailable, so indicate and specif each instance. NAME OF ACTION LOCAT ON OF ACTION (InClude Slreet Address, Municipality and County) CITY/PO NAME OP OWNER (it ditferent CITY/PO DESCRIPTION OF ACTION ' -- STATE i ZIP CODE /Jy I //?c/ ~USIN ESS TELEPHONE /~' ' /1~7/ 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: E}Urban E]lndustriaJ E]CommerciaJ ~Residential (suburban) [-]Forest )j~'Agriculture 2. Total acreage of project area: . /~7', 2"- APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural {Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 23,, 2~; oi~ ECl.) Water Surface Area Unvegetated (Rock, earth or fill) Roads, huildings and other paved surfaces [3Other (/va;/v' /~.n ~-) -- __ acres. [3Rural (noR-farm) Other (Indicate type)_/-uv:;v/,q~,OO',~c,Z- ' ~ acres · -~- -- 3. What is predominant soil type(s) on project site? J~l%,c',J to.~.(,~/~/ /'~wU4og~ S,~r c~v~q a. Soil drainap, e: ~Vell drained loc/ % of site ~Moderately well drained % o[ site b. If any agricultural land is involved, how many a(u,s of ~o~1 are classdied within ~o~1 group 1 through .1 of the NYS( Land Classification System? _//~g ac..s. (See 1 NYCRR 370), 4. Are there bedrock outcroppings on prolect site? ~Yes ~No a. What is depth ~o bedrock? ~ fin feet) PRESENTLY AFTER COMPLETION --' acres acres __// c. acres 5,. ^pproximate percentage of project ~,te wid~ slopes: ,~]0 10%~ /~ ¢ -' 1--10 15% % [15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ~-lYes ' [~No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks~ []Yes ~]No 8. What is the depth of the water tabe? I~' t (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~]Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? []Yes ~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? []"]Yes [~No According to '~'/~v/(;' ~ Identify each species 12. Are there any unique or unusual land forms on the project s tel (i.e., cliffs, dunes, other geological formations) " I-lYes ~No Describe 13. Is the proiect site presently used by the community or neighborhood as an open space or recreation area? [Yes j~]No If yes, explain 14. Does the present site include scenic views known to be important to the commumtv? ~No 15. Streams within or contiguous to proiect area: /J/~, a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or conhguous to project area: a. Name ///~ b. Size (In acres) 17. Is the site served by existing pub ic utilit es? ~l~Yes I-INo a) If Yes, does sufficient capacity exist to allow connection? ,]~Yes I~No b) If Yes, will improvements be necessary to allow connection? )~]Yes [No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes ~lNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I~Yes ~]No 20. Has the site ever been used for the disposal of solid or hazardous wastes~ [~Yes '~]No C B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acrease owned or controlled by proiect sponsor ]~- b. d. Project acreage to be developed: , ~' acres initiully; /,~ Project acreage to remain develoI ~ d /~". e acres. Length of project, in miles: ~/~ _(If appropriate) e. If the project is an expansion, indicate peut'nt of ~'xpansion proposed , f. Number of off-street parking spaces existing //~; proposed ~?>~C g. Maximum w~hicolar trips generated per ho~r_. ~,//~ b. If residential: Number and lVpe of h~using nnits: On(. I'amdy Tw~} Famdv Initially / ~ UlUmately / 0 i. Dimensions (in feet) of largest proposed struCtUre _ height; ~ . w~dth; J. Linear feet of frontage aJom: a pubh~ thor~)m~hfare prolect will o(ctmv is~ ~('1 ~,~ ft acres uJtim ~ly. _ *,fi; {upon complution o[ project)? ~%ll,ltlpJe I',nnily 0 . h'n~th , 2. How much natural materla rock, earlh, etc.) will be removed from'me s re? 0 tons/cubic yards 3. Will disturbed areas be rec aimed? [Yes ~]No ~'N/A a. If yes, for what intend..~ purpQse is the site being rec a reed? b. Will topsoil be stockpiled for'reclamation? [Yes [~]No c. Will upper subsoil be stockpiled for reclamation? []Yes 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from s tel _ (~ _ acres. 5. Will any mature forest (over 100 years old} or Other locally-important vegetation be removed by this projectI []Yes [~No · 6. If single phase project: Anticipated period of construction ,'v'//~ 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of Commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? [~Yes ,- '~No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 11. Will proiect require relocation of any proiects or facilities? months, (including demolition). month year, (including demolition). month year. []Yes E3No ; after project is complete [Yes ~No If ,,,es, explain 12. ls surface liquid waste disposal involved? [Yes '~No 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? fl-lYes ,[~,No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain 15. Is project or any portion of project located m a 100 year flood plato? [Yes [~No ~No 16. Will the proiect generate soli(J waste? [Yes ~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? I~Yes [No c. If yes, give name __; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes. explain ~]Yes [~]No 17. Will the project involve the disposal of solid waste? ~]Yes [z~'No a. If yes, what is the anticipated rate of disposal? _ tons/morlth. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [gYes ~N~ 19. Will project routinely produce odors (more tb,m oil,! hour per day),' ~]Yes [~No 20. Will project produce operatint~ noise exceedml,, the local ambient no~se Ivvels? [~Yes 21. Will project result in an incm~e in energy u,,e? f~Yes I~No If yes , indicate type(s) ~]No 22. If Water sup[)ly i~ from w,~tl~, illlhca~e 23. Total anticipat~,d water usage per day _ l~"/~_-i-~ galhm~/day 24. Does prolect revolve Lucal, State or Iiederal hind ni~/ L--lYes If Yes, explain 25. Approvals Eequired: '~ rypc Submittal Date I. Does proposed action involve a planning or zoning dec sion? (~'~'es · If Yes, indicate decision required: []zoning amendment []zoning variance [special use permit []subdivision [site plan ~Inew/revision of master plan Iqresource manaqement plan [~other ~'Cl-~ ~'~ ( I Lev ) 2. What is the zoning classification(s)of the site? _ ~'~.'; ,6~,~.~ /'~ _ ~ ~ 3. What is the maximum potential development of the site if developed as permitted by the present zonin~ 4. What is the proposed zoning of the site? ~?~v~J /~ ! r ,.~,~/~ 5. What is the maximum potential development of the site if developed as permitted by ~he proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use pans? ~es 7. What are the predominant land use(s) and zoning classifications wid~in a % rode radius of proposed act 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~; role? ~Yes ~o 9. If the proposed action is the subdivision of land, bow many tots are proposed~ a. What is the minimum lot size proposed~ ¢ o c,., c c e 10. Will proposed action require any authorization(s) for the formation o~ sewer or water d sir cts~ ~Yes ~No 11. Will the proposed action create a demand for any Community provided services (recreation, education, police, fire protection)? ~Yes a. If yes, is existing capacity sufficient to handle projected demand? ~Yes ~No 12. Will the proposed action result in the generation of traffic si~nificandy above present JeveJs~ ~Yes ~No a. I~ yes, is the existing road network adequate to handle the additional traffic? ~Yes ~No D. Informational Details Attach any additional information as may be nemh,d to cl,ndy y~x~r project. If II,ere are or may be any adverse impacts assoc~atedwith your proposal please discuss such impacJs and [he measures ~hicb y(~u propose to mitigate or avoid them. ' E. Verification I certify that tbs: information provid~,d ;Ibov~, is rrm, to tht' bt~st ~ff my knowled~;e. Applicant/Sponsor Name ~4~/%',,~(~ ~,~L~]~I ~/~ Title ~,~ s~¢~ z Il the action is in lbo C~taslal Area, and yoll are a stale agency, cnmplele Ihe Coaslal Assessment Form heiore wilb Ibis assessmenl. C. Zoning and Planning Information City, Town, Village Board [Yes ,~'.No · ~'- City, Town, Village Planning Board · City, Town Zoning Board ~Yes ~No ' City, County Health Department ~Yes ~No ~'~d Other Local Agencies ~Yes ~No O~her Regional Agencies ~Yes ~No 5ta~e Agencies ~Yes ~No Federal Agencies ~Yes Part 21~ROJECT IMPACTS AND THEII ~IAGNITUDE Responsibility ot Lead Agency General Information (Read Carefully) ~ · In completing the form the reviewer should be guided by the question: Flare my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifving an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific proiect or site other examp[es and/or lower thresholds mav be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will varv. Therefore. the examples are illustrat'ive and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to ans~ver each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact b. Maybe answers should be considered as Yes answers. c. if answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. {f impact thresho{d equals or exceeds any example provided, check column 2. {f impact will occur but threshold is lower than example, check co[umn 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be exp[ained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to.project site? o,~NO I~Y£S Examples that would apply to column 2 ' Any construction on slopes of 15% or greater, (1S foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will ~:~n/inue for more than 1"year or involvu more than one phase or stage. · £xcavation for mining purposes that ~,ould rems)ye more than 1,O00 tons of natural material (i.e., rock or soil) per y(~ar. · Construction or expansion of a sanitary Mndfill. · Construct on in a designated floodway. · Other impacts 2. Will d~ere he an elfect t ..... ,y u~:.que or ,,,lusu,d L~,nd (~;llmS fom,d on lhesite?(i~,,chffs, dunes, geoo{p al formation~,etc.]~O L~Y£S · Specific {and forms: I 2 J 3 Small to PotentiaJ Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [3','es E:]No [] [] ~]Yes E~No L--J [] ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ [3Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No "~ ~ j ~--~*s ~No IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? [Under Articles 15, 24, 2.5 of the Envirdnmental Conservation Law, ECL) Examples that wou{d apply to column 2 ~O []YES · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? '~ · ~]NO [ELVES Examples that would apply to column 2 / ~ · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater./ quality or quantity? ~NO E~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyeJ off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or otber discharge rote an existing body of water to the extent that there will be an obvious ~,isual contrast to natural conditions. · Proposed Action will require tile storage of iietroleum or clli~mical products greater than 1,100 gallons. · Proposed Action will allow residnntial uses in' areas witbont water and/or sewer services. · Proposed Action locates commercial and/or ind~lstrial uses wlm'b ' facilities. ·Otber impacts: C 6. Will proposed action ,dter drainage flow or water runoff? ~'~NO L~Y[- S Examples that would apply to tc, lumn 2 1 Small to Moderate Impact 2 3 Potential Can Impact Be Large Mitigated By impact Project Change [] ~Yes E]No ~ ~Yes I~INo [] ~Yes I--INo [] ~Yes ~-~No [] ~]Yes []No [] ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Ves ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No ~ ~Yes ~No [~ ~Yes ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a desi[~nated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? '~/NO I-lYES Examples that would apply to column 2 -\ · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endan~red species? ~NO U]YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threat~e~d or non-endangered species? ~'NO [:]YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important Vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural I.md real Irces? ~F~O I]YES [x'lmPJes that ,would ,lpply tO (;oJumn) land (includes cropland, hayfiekJs, pastuu', vnu.yard, orchard, etc.) · .~1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I~Yes [~No [] [] []Yes []]No [] [] [-~Yes I--]No [] [] ~Yes []No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ G ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Ye~ ~No ~ ~ ~Yes ~No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land · The proposed action would disrupt or prevent installation of agricultural land management systems (e.8.. subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures {e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources.~ '~]~hO [~YES (If necessary, use the Visual EAF Addendum inSeCtion 61721, Appendix B.) Examples that would apply to column 2 · Proposed land uses. or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views I:nown to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ~fNO [:]YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on tile State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area design,Hed as sensitive for archaeological sites on the NY$ Site Inventory · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect tl,~ quantHy or quality of existing or [xample~ .'lpply to ~olumn 2 ~JNO UYES Other impacts: 9 -~' 1 2 3 Small to. Potential Can impact Be Moderate Large Mitigated By Impact Impact ' Project Change [] [] ~Yes ~No [] [] ~-~Yes [:]No [] [] I-lYes I-]No [] [] []Yes [-1No [] [] []Yes [] [] [:]Yes []No [] [] [:]Yes ~No [] [] I~Yes [~No [] [] []Yes [:]No [] [] []Yes E:]No [] [] []Yes [-~ [] []Yes [:]No Cd [] [:]Yes ~No -- [] [] F-JYe~ E3No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportat on stems? : ~O []YES Examples that would apply to column 2 · Alteration of present patterns of movement of peopl'e and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 15. Will proposed action affect the community's sou~.~s of fuel or energy supply? ~NO ~]YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two famdy residences or to serve a major commercial or industriaJ use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibrat~O~ as a result of the Proposed Action? - ~]NO []YES Examples that would apply to column 2 u~ · Blasting within 1,500 feet of a hospital, school Or O~er sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety1 Examples that would apply to column 2 ~'O [~YE5 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow lewd discharge or emission. ~ P~oposed Action may result'in the burial o~ "hazardous wastes" in any fo~m (i.e. [oxic, poisonous, hi1:hly reactive, radioa(Jive, i~ritatinj.,, . infectious, etc.) ' Storage facilities for one million or more gall(ms of liquified natural gas or other flammable liquids. within 2,000 feet o~ a s~te used for the d~sposal ~f sohd or hazardou~ ' Other impacts: 10 I 2 Small to Potential Moderate Large Impact Impact [] [] 3 Can Impact Be Mitigated By Project Change []Yes I-'INo ~]Yes []No []Yes I--]No [~Yes [-]No I--lyes J-'lNo []Yes [--]No []Yes I'-~ No []Yes [~No []Yes [-~No [~Yes [~No [~]Yes ['-]No l-lYes [~]No [~Yes [~No [~Yes [~No [~Yes []Yes [~No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action at'feet the chara{:ter of (he exi~in~ community,~ Examples that would apply to column 2 ~NO I~YE~ · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating serwces will increase by more than 5% per year as a result of this project. · Proposed action will conflict with oi~ficially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community· · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future proiects. · Proposed Action will create or eliminate employment. · Other impacts: I ~ 2 3 Small to ': Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [~Yes ~]No [] [] r~Yes [~]No [] [] ~]Yes ~]No [] [] I~¥es E~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Ves ~No ~ ~ ~Ves ~No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental mpacts~ ' ~O EYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency · Part 3 must be prepared if one or more impact(s) is considered Io be potentiaUy large, even if the impact(s) may be mitigated. Instructions Discuss the [ollowing for each impact identified in Column 2 of Part 2; 1. Brie[ly describe the impact. 2. Describe{il applicable) how the impact could be !nitigated or reduced to .i small to mod(,rate impact by proiect change(s). 3. Based on the ini~ormation available, decide if it is reasonable to conch~de th,It this mlpact is iml,)rlant' To answer the question of importa ce, conster: · Tile probability o~ the impact occurring| · Tile duration of tile impact · Whether thc' impdct can ()r will be conlrolled · Its l)otenti.d div(~l[ence Irom h,(:al neg.(is and (Continue on atta(:hmentsJ C 617.31 Appendix B · -,~,.,Je Environmental Quality Review Visual EAF Addendum SEQR C This form may be used to provide additional information relating to Question 1 1 o[ Part 2 of the Full EAF. (To be comp!eted by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-V4 V4-V2 V2-3 3-5 · A parcel of land which is dedicated to and available [] [] F~ [] [] to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An 9verlook or parcel of land dedicated to public [] [] [] [] [] observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the National or State [] [] [] [] [] Registers of Historic Places? · State Parks? [] [] [] [] [] · The State Forest Preserve? [] [] [] [] [] · National Wildlife Refuges and state game refuges? [] [] [] [] [] · National Natural Landmarks and other outstanding [] [] [] [] [] naturat features? · National Park Service lands? [] [] [] [] [] · Rivers designated as National or State Wild, Scenic [] [] [] [] [] or Recreational? · Any transportation corridor of high exposure, such [] [] [] [] [] as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate [] [] [] [] [] or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or higt~way designated as [] [] [] [] [] scenic? · Municipal park, or designated open space? · County road? . · State? · Local road? Is the visibility of the pioject r;easonal? (i.e.. :;creermd by summer foliage, but vi:;ible during other seasons) []Yes []No Are any of thr'. reso;:~,',3s ct.r,':ked m qtu,.,lion I u:~ed by th,.: public durintj tile time of yt'dr during which ff~e prop:ct will IJe vistblu? ~Yes ~No DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question l, check those which generally'describe the surrounding environment. Within *V,~ mile *1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] Flat [] [] HiIly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed Are there visually similar projects within: *V2 mile []Yes []No *1 miles []Yes []No *2 miles []Yes '3 miles [~Yes [-~No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers tikely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FRE~,UENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work [] [] [] [] Involved in recreational activities [] [] [] [] Routine travel by residents [] [] [] [] At a residence [] [] [] [] At worksite [] [] [] [~ Other [] [] [] [] 2 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Or~owski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~ptember 19, 1994 Frank Dowling Senior Planner Suffolk County Planning Commission H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge~ New York 11788 - 12th Floor RE: Minor Subdivision for Bayview South Harbor Limited Partnership SCTM# 1000-75-4-22.1 Dear Mr. Dowling: As per our telephone conversation, I am enclosing a copy of the Standard Yield Plan for the above mentioned subdivision. Please let me know if you require any additional information. Sincerely, Melissa Spfro Planner enc. Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 TO: FROM: RE: DATE: Planning Board Melissa Spiro Board of Trustees Rock Cove Estates #33-3-19 & Bayview South Harbor #75-4-22.1 September 14, 1994 Rockcove: Instead of destroying the existing habitat and wetland associated with the pond, the applicant should construct (adjacent to the pond) an artificial recharge area which will enhance the present wetland system. The fill~'~of course be used on site. Bayview South Harbor: This project is not in the Trustees jurisdiction. / $OUIHO[O TO ~'~'N L PLANNI#~ BOARD PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latharn, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 September 13, 1994 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Michael Croteau 1450 South Harbor Road Southold, New York 11971 RE:Proposed Minor Subdivision Bayview South Harbor Limited Partnership SCTM# 1000-75-4-22.1 The fo/lowing took p/ace at a meeting of the Southold Town Planning Board on Monday, September 12, 1994: Be it RESOLVED to rescind the Planning Board's August 22, f994 resolution pertaining to the sketch approval of the Bayview South Harbor Umitad Partnership. The rssolutions in regard to starting the lead agency coordinaEon process and accepting the Standard/Yield Map have not been rescinded and ars still valid. WHEREAS, a conservation easement ~7~aling f2.589 acres in area (3.2149 acres on Lot I and 9.3741 acres on Lot 2), has been presented as part of the minor subdivision proposal; Be it RESOLVED to grant sketch approval on the map dated September 7, f994, with the following condition: 1. Them shall be no further subdivision of LOt Number f in perpetuib/. Sketch plan approval is conditional upon submission of final maps within six (6) months of the date of sketch approval unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, (2 mylars and 6 paper prints) must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. Page 2 Bayview South Harbor Limi~d Partnership September 13, f994 The sketch plans will be referred to the Suffolk County Planning Commission for review. You will be notified upon receipt of the Commission's report. The Planning Board may require covenants and restrictions upon review of the report and review of the final maps. You will be notified if covenants and restrictions are required. The sketch plans have also been referred to the Southold Fire Department for their recommendation as to whether a firewell is necessary for fire protections. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A 106-35 (E) of the Town Code. The amount to be deposited with the Town Board shaft be $2,000.00 (two thousand dollars per vacant lot in the subdivision.) Payment is required prior to any final endorsement of the subdivision. Please contact this office ff you have any questions regarding the above. Sincerely, Richard G. Ward Chairman cc: Tim Caufield, Peconic Land Trust PLANNING BOARD MEMBERS Richard G. Wa[d, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 23, 1994 Michael Croteau 1450 South Harbor Road Southold, New York 11971 RE: Proposed Minor Subdivision Bayview South Harbor Limited Partnership SCTM# 1000-75-4-22.1 The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Monday, August 22, 1994: Be it RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type I action. This action is classified as a Type 1 action since it is located within 500' of a Critical Environmental Area. Be it RESOLVED that the Southold Town Planning Board accept the Standard/Yield Map dated August 19, 1994, showing a total of 9 lots for the purposes of determining density for the proposed subdivision; Be it further RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated August 19, 1994, with the following conditions: The Planning Board has determined that the yield of the 17.5473 acre parcel is 9 lots. The two (2) lot minor subdivision has been designed as a clustered subdivision with variable lot sizes. That is, proposed Lot Number 1 will not be further subdivided as it contains some of the open space created by reducing the size of the other eight (8)lots. In addition, should proposed Lot Number 2 be subdivided in the future, the yield of the property shall be a maximum of eight (8) clustered lots as determined by the August 19, 1994 yield plan for the entire property pdor to the two (2) lot clustered minor subdivision. A Declaration of Covenants and Restrictions shall be filed pdor to any final approval of the subdivision including the above mentioned condition. In addition, the above mentioned condition shall be noted on the final subdivision map. Bayview South Harbor Limited Partnership August 23, 1994 Page 2 The final map must contain an Agricultural Reserve Easement Area on Lot Number 2. Sketch plan approval is conditional upon submission of final maps within six (6) months of the date of sketch approval unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, (2 mylars and 6 paper prints) must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The sketch plans will be referred to the Suffolk County Planning Commission for review. You will be notified upon receipt of the Commission's report. The Planning Board may require covenants and restrictions upon review of the report and review of the final maps. You will be notified if covenants and restrictions are required. The sketch plans have also been referred to the Southold Fire Department for their recommendation as to whether a firewell is necessary for fire protections. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of hand for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38 (E) of the Town Code. The amount to be deposited with the Town Board shall be $2,000.00 (two thousand dollars per vacant lot in the subdivision.) Payment is required prior to any final endorsement of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman SUBMISSION WITHOUT COVER LETTER COMMENTS: PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Man~ $. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD , ~qq4 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: '~/,~'~_,.~, ~o,_ed,.. Requested Action: ~;~ so~&;~,~,.~ SEQRA Classification: ~) Type I ~,~ ( ) Unlisted Contact Person: /~lss ~ (516) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) 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. Planning Board Position: (~<) 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. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Sincerely, Richard G. Ward Chairman cc: ~e~CA~a~s- '~Board of Trustees Southold Town Board "Suffolk County Department of Health Services ~NYSDEC - Stony Brook '~NYSDEC - Albany ~Jim Monsell, Greenport Public Utilities Richard Caggiano, Greenport Village Administrator *Maps are enclosed for your review rev. 4~94 :14-16-2 (2/87)-- 7c "~ 617.21 ~q, )~ 7 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT F M' Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal know[edge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a prolect or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action, it provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. (. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined b,,' the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a signif'icant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaralion will be prepared, * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name ut Resp(msib[e Officer m Lead A~:ency Title of I?,es[ ons~ble (.)ificer SJgr~ature of Preparer (If ddferent from responsible officer) Si8qature of Responsible Officer in Lead Agrncy [)ate 1 PART 1--PROJECT INFORMI~JlION Prepared by Project Sponsor NOTICE: This document is designed to assist in determinin~whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additionai~ 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 involve new studies, research or investigation, if information requiring such ~dditional work is unavailable, so indicate and specify each instance. NAME OF ACTION LOCATION OF ACTION (l~clude Street Address, Municipality and County) ' CITY/PO NAME OF OWNER (If ditferent) ADDRESS CITY/PO DESCRIPTION OF ACTION STATE ZIP CODE jBUSINESS TELEPHONE STATE i ZIP CDDE /,,? 11771 Please Complete Each Question-Indicate N.A. ii not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: f-)Urban fi)Industrial fi]Commercial ~Forest ~"Agricult u re ~lOther 2. Total acreage of project area: /~7. J'- acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (hlcludes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECl_) Water Surface Area Unvegetated (Rock, earth or fiji) Roads, buildings and other paved surfaces r-IResidential (suburban) fi]Rural (non-farm) PRESENTLY AFTER COMPLETION acres acres acres acres Other (Indicate type)_~/o~avJu~/P',~¢~',..<cr~ ' ~ acres ' fi- acres 3- Whatis predominant soil type(s) on project site? Hl-'rvc~ go,?Y~(~/~ ~v~Hc~ 5,~ ~v~ (~c~) a. Soil draina~e: ~Vell drained IOc~ . % of site UM~)deratcly well drained % of site ~Poorly drained., % <)f site b. If any agricultural land isinvolve(I, how many acres o[ s()i areclassdiedw~thin soil group 1 through 4 of theNYS Land Classification System? _ ~//~ acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on proiect site? ~Yes ~No a. What is depth to bedrock? ~/~ (in leer) 2 5. Approximate percentage of project site with slopes: ~]0 10% ~/r)O % ~1t)-15% % ~]15% or ~reater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? E3Yes C]No '~7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks~ E~Yes ~No 8. What is the depth of the water table? I~ ~ (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~Yes [~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E]Yes UNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I'~ 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 formations) ~lYes ~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? []Yes J~No If yes, explain 14. Does the present site include scemc views known to be important to the commumty? ~Yes ~lNo 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 /~/t/~i b. Size (In acres) 17. Is the site served by existing public utilities? '~3Yes I-]No a) If Yes, does sufficient capacity exist to allow connection? ,~Yes ~No b) If Yes, will improvements be necessary to allow connection? ~]Yes [No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? E3Yes [~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 E3Yes 20. Has the site ever been used for the disposal of solid or hazardous wastes? I~Yes '~]No C B. Project Description 1. Physical dimensions and scale of proiect (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor ~-~' '~- acres. b. Project acreage to be devek;ped: , ~ acres initially; / ~ acres ultimately. c. Proiect acreage to remain undeve!oped /~"- ~ acres. d. Length of project, in miles: -A//D . _ (If appropriate) e. If the project is an expansion, indicate peur,nt of expansion proposed /(?~? o,,/~; f. Number of off-street parking[ spaces t~xistinI~ ,A/'ffM~- ; proposed /FbvtC g. Maxinlum vehicular trips generated per hour ,~,//p, (upon completion of projectl? h If residential: Number and H/flu of h-usini,, m~its: One Family Two Famd¥ /kS~itiple J'arniJy (~ondollllrnun~ Initially / ~2 ~ ~, Ultimately / 0 0 L'~ -- i. Dimensions (in feet) of largest proposed structure . height; 'width; length j. Linear feet of frontage alonl: a pubhc thoro.ghfare prolect will occupv is? ~o I ~:,~, ft 3 rock, earth, etc.) will be removed fromJ~me site? 2. How much natural materialI 3. Will disturbed areas be reclaimed? [Yes [No I~'N/A a. If yes, for what intend_~_ purpose is the site bein~ reclaimed? b. Will topsoil be stockpiled for reclamation? []Yes []No c. Will upper subsoil be stockpiled for reclamation? r-lYes []No 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 [~No 6. If single phase proiect: Anticipated period of construction /v'/~ 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? I-lYes 9. Number of jobs generated: during construction ~,.,~ 10. Number of jobs eliminated by this proiect 0 11. Will project require relocation of any projects or facilities? tons/cubic yards months, (including demolition). month year, (including demolition). month year. I~Yes ~]No ; after project is complete []Yes '~No If yes, explain 12. Is surface liquid waste disposal involved? [:]Yes '~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [Yes ,~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain [Yes E~No 15. Is project or any portion of project located in a 100 year flood plain? E]Yes 16. Will the project generate solid waste? [~Yes ~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes E]No c. If yes, give name ; location d. Will any wastes nol go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~No [Yes I~No 17. Will the project involve the disposal of solid waste? E3Yes J2~'No a. If yes, what is the anticipated rate of disposal? tons/montb. b. tf yes, what is the anticip~ted site life? years. 18. Will project use herbicides or pesticides? ~Yes ~No 19. Will project routinely produce odors (more than one hour per day)? ~Yes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? ~Yes 21. Will pro~ect result in an increase in energy u',e? [Yes ~No If yes , indicate type[s) 22. If Water supply is from w.:ll~, indicate [tt~n~]~H~g ~al~,~ity ~/~ gallons/minute. 23. Total anticipated wat~r usable per d,W _ J~/~ gallons/day 24. Does project involve Local, State or Federal funding? ~Yes If Yes, explain ~]No 4 25. Approvals Require(]: City, Town, Village Board []Yes .]~o City, Town, Village Planning Board · '¢;~Yes []No City, Town Zoning Board I~Yes .~]No City. County Health Department [YlYes [No Other Local Agencies []Yes J~No Other Regional Agencies I~Yes [~No State Agencies I-lYes ~No Federal Agencies ~lYes ~No C. Zoning and Planning Information Submittal Date I. Does proposed action involve a planning or zoning decision? i;~'~'es ~]No · If Yes, indicate decision required: I-[zoning amendment I-Izoning variance []special use permit Osubdivision I~site plan [new/revision of master plan ~resource management plan ~other ~'~. 2. What is the zoning classification(s)of the site~ ~ ~-( ~ ~0~,~h~ 3. What is the maximum potential development of the site if developed as permitted by the present zonin~ 4. What is the proposed zoning of the site? ~'~'~,tv-~ 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use p ansZ ~es ~No 7. What are the predominant land use(s) and zoning classifications witbin a ~ mile radius of proposed action~ 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~A mile~ ~Yes ~No 9. If the proposed action is the subdivision of land. how many lots are proposed~ a. What is the minimum lot size proposed? ~o o.~ oq: e 10. Wi[] proposed action require any authorization(s) for the formation of sewer or water districts? ~Yes ~No 11. Will the proposed action create a demand for any community provided services (recreation education police, fire protection)? ~Yes ~o ' ' a. If yes, is existing capacity su[ficient to handle projected demand? ~Yes ~No 12. Will the proposed action result in the generation of traffic significantly above present levels? ~Yes ~No a. If yes, is ~he existin~ road network adequate ~o handle the additional traffic~ ~Yes ~No D. Informational Details Attach any additional information as may be needed to clari~y your project. It there are or may be any adverse impacts associated with your proposal please discuss such impacts and the measures ~hich you propose to mitigate or avoid them. ' E. Verification I certify that the information provided above, is trne to th(, best of mv knowledge. AppJica,,t/Spur,sor Name f~/z'~'/t¢~d/~'~':'il'l I't,')~*~t. ~*LO,',, %, ,., Date I[ Ihe action is in lhe Coasla Area, and you are a slate agency, cmiq)lele Ihe Coastal Assessment Form I)eJore proceeding wilh this assessmenl. 5 Part 2 ROdECT IMPACTS AND THEII~IAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does' not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may he appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore. the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should he considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur hut threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART $. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] C]Yes ~No [] [] [~]Yes []No L-] [] [:]Yes [~No [] [] []Yes [~]No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Ves ~No ~ ~ ~Yes ~ ~ ~Yes ~No ' ~ G []Yes ~No IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? [~NO E]YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock Js exposed or generally within 3 feet of existing ground surface. · Construction that will c~ntinue for more than I year or involve more than one phase or stage. · Excavation for mining purposes d~at wotdd remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill · Construction in a designated floodway · Other impacts the s te~ (ie, cliffs, dunes, geolo[4ical formations, etc.)L]NO [2YES · Specific land forms: 6 IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Enviroflmental Conservation Law, ECL) []NO [:]YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? I~NO I-lYE S Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? I~NO I-lYES Exampies that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action Will adversely affect groundwater. · Liquid effluent will be conveyeJ off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in' areas without water and/or sewer services. · Proposed Action locates commercial and/or ind.strial uses which may require new or expansion of existing waste treatment ,md/or ~,tora~e facilities. · Other impacts: 6, Will proposed action aher clr,unage flow or patterns, or surface water runoff? L~NO [~YES I~xamples that would apply to tolumn 2 · Proposed Action would change flood water flows. 7 z~=" 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact impact Project Change [] [] []Yes []No [] [] ~Yes []No [] [] []Yes I-]No [] [] []Yes I--1No [] [] []Yes []No [] [] []Yes []No [] [] []Yes I--1No [] [] F~Yes []No [] [] ?'Yes EZ]No ~ ~ ~Yes ~ ~ ~Yes ~ ~ ~ves ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ [~ ~Yes ~No ~ ~ ~Yes ~No · Proposed Action may cause substantial erosion. "Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? r-]NO f-lYES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? [~NO []YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? [~NO ~IYES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Propose(] Action affect agricuhural land resources? [~lNO {JY£S £xample,s that would a[~l)ly to column 2 land (includes cropland, haytields, pasture, vint~vard, orchard, etc.) 8 -~I~1 2 3 Small to Potential Can Impact Be Moderat( Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] []Yes i-]No [] [] ~Yes [--~No [] [] ~Yes []No [] [] ~Yes r-]No [] [] r~Yes [-']No [] [] []Yes []No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~tes ~No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? E~NO []YES {If necessary, use the Visual EAF Addendum in Section 61721. Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, wl~ether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IIVlPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? []NO [3YES Examples that would applv to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on tile State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inv(mtor¥ · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quanhly or (luality of existing or [xamples that ~%ould apply to calumn 2 [ JNO IJYES · Other impacts: -"~1 2 3 Small to- Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] {~Yes I-]No [] [] [~]Yes [-1No [] [] I-lYes I--INo [] [] [Z]Yes [Z]No [] [] []Yes l'-lNo [] [] []Yes []No [] [] I~Yes []No [] [] F'-IYes ~No [] [] [-')Yes E]No L~ [] [~Yes [-~No [] [] EZ]Yes [Z]No [] [] E]Yes E]No Fg [] [Z]Yes []No · [] [] []Yes E3No -C] [] E3Yes E3No IMPACT ON TRANSPORTATION 14. Will [here be an effect to existing transportation systems~ Examples that would apply to column 2 []YES · Alteration of present patterns of movement of peopl~ and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY '15. Will proposed action affect the community's sources of fuel or energy supply? I-lNO E~YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action~ ' ~lNO [][]YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect pubbc health and safety,~ ONO [::]YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event ol~ accident or upset conditions, or there may be a chronic Iow lewd discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, bil~hly reactive, radioa~ ye, irntatin~.., infectious, etc.) · Storage facilities for one million or more gallons of liqudied natur;d gas or other flarnlnable liquids. wilhin 2.000 feet ota s.te used fl)r the disposal ~f sohll or h.~zardous · Other impacts: 10 '-~ I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] E]Yes E]No [] [] [-I Yes E]No [] [] ~-~Yes I--~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Y.s ~No ~ ~ ~Y,s ~No ~ ~ ~Y~s ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ' ~ ~ ~Yes ~No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? liNC E]YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: 1 2 3 Small to Potential 'Can Impact Be Moderate Large Mitigated By Impact impact Project Change [] [] [~]tes []No [] [] [:]Yes [--[No [] [] [~]Yes ~]No [] [] []Yes []No [] [] []Yes []No [] [] [--]Yes [-]No [] [] []Yes []No [] [] [:]Yes []No [] [] []Yes t~]No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental mpacts,' IqNO ~,YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 C Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered Io be potentially large, even il the impact(s) may be miligated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this mlpact is imporlant. 'ro answer the question of importance, consider: · The probability of the impact occurrim; · The duration of the impact · Its irreversibility, includinl; permanently lost rl'sourcl,s of value · Whether the impact can or will be comrolled · Its potential diwm;ence [rom h)(:al ne~,ds and i:oals · Whether known r)t)jecti(ms to tl~e proj~'ct reJilte to this impatt (Continue on attachments} 11 617.21 Appendix B · .,,.,.re Environmental Quality Review Visual EAF Addendum SEQR This form may be used to provide additional information relating to Question 1 1 of Part 2 of the Full EAF. (To be comp!eted by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 0-1/4 1/4 - V2 V2-3 3-5 5+ I. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public [] [] [] [] [] observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the National or State [] [] [] [] [] Registers of Historic Pieces? · State Parks? [] [] [] [] [] · The State Forest Preserve? [] [] [] [] [] · National Wildlife Refuges and state game refuges? [] [] [] [] [] · National Natural Landmarks and other outstanding [] [] [] [] [] natural features? * National Park Service lands? [] [] [] [] [] · Rivers designated as National or State Wild, Scenic [] [] [] [] [] or Recreational? · Any transportation corridor of high exposure, such [] [] [] [] [] as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate [] [] [] [] [] or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as [] [] [] [] [] scenic? · Municipal park, or designated open space? · County road? · State? · Localroad? 2. Is the visibility of the ploject season;il2 (i.e.. :;cree~l<~d by summer foliage, but visible during other seasons) []Yes []No 3. Are any of th(! reso~:~,:es ch~:r:ked ir, qu<,!.lion I ,~sed by the public durincj the time of yoar during which the prol~:ct '*'ill be visible? ffqNo DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally'describe the surrounding environment. Within '1/4 mile *1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] HiIly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: *% mile []Yes []No *1 miles []Yes E~No *2 miles E~] Yes []No *3 miles I-lYes []No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is _ NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work [] [] [] [] Involved in recreational activities [] [] [] [] Routine travel by residents [] [] [] [] At a residence [] [] , [] [] At worksite [] [] [] Other [] [] [] [] PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1994 Suffolk County Planning Commission H. Lee Dennison Executive Office Building - 12th Floor Veteran's Memorial Highway Hauppauge, NY 11788 Attention: Mr. Frank Dowling, Senior 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"~,~u'~,-~ -~-, ~:~,~'~o~ HamletJLocality. ~c~-~.~.~ S.C.D.P.W. Topo No.: Zoning ~- ~ (~) S.C. Tax Map No.: 1000- '~-~ ~ - ~2o [ Major Sub. Minor Sub. X Site Plan Cluster Lot Line Change.__ MATERIAL SUBMITTED: ~Plat (3 copies) ./~ Road Profiles (1) Drainage Plans (1) Topographical Map (1)~ Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an ( ) 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. 3. E.I.S. statement enclosed. ( ) Yes (~<) No Comments: '.'%/~/~ ~.,,'//,~ ,~,'~,~, ~ ~* · ~ ~.bj~ ~ ~ We request acknowledgement of re~eip{ of this referral ( ) Yes (~ No Referral received Commission and assigned File No. · 1994 by the Suffolk County Planning Sincerely, Richard G. Ward Chairman cc: Frank Cichanowicz rev. 6~94 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August23,1994 Michael Croteau 1450 South Harbor Road Southold, New York 11971 RE: Proposed Minor Subdivision Bayview South Harbor Limited Partnership SCTM# 1000-75-4-22.1 The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Monday, August 22, 1994: Be it RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type I action. This action is classified as a Type 1 action since it is located within 500' of a Cdtical Environmental Area. Be it RESOLVED that the Southold Town Planning Board accept the Standard/Yield Map dated August 19, 1994, showing a total of 9 lots for the purposes of determining density for the proposed subdivision; Be it further RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated August 19, 1994, with the following conditions: The Planning Board has determined that the yield of the 17.5473 acre parcel is 9 lots. The two (2) lot minor subdivision has been designed as a clustered subdivision with variable lot sizes. That is, proposed Lot Number 1 will not be further subdivided as it contains some of the open space created by reducing the size of the other eight (8) lots. In addition, should proposed Lot Number 2 be subdivided in the future, the yield of the property shall be a maximum of eight (8) clustered lots as determined by the August 19, 1994 yield plan for the entire property pdor to the two (2) lot clustered minor subdivision. A Declaration of Covenants and Restrictions shall be filed prior to any final approval of the subdivision including the above mentioned condition. In addition, the above mentioned condition shall be noted on the final subdivision map. Bayview South Harbor Limited partnership August 23, 1994 Page 2 The final map must contain an Agricultural Reserve Easement Area on Lot Number 2. Sketch plan approval is conditional upon submission of final maps within six (6) months of the date of sketch approval unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, (2 mylars and 6 paper pdnts) must contain a current stamp of Health Department approval and must be submitted before a final public headng will be set. The sketch plans will be referred to the Suffolk County Planning Commission for review. You will be notified upon receipt of the Commission's report. The Planning Board may require covenants and restrictions upon review of the report and review of the final maps. You will be notified if covenants and restrictions are required. The sketch plans have also been referred to the Southold Fire Department for their recommendation as to whether a firewell is necessary for fire protections. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38 (E) of the Town Code. The amount to be deposited with the Town Board shall be $2,000.00 (two thousand dollars per vacant lot in the subdivision.) Payment is required prior to any final endorsement of the subdivision. Please contact this office if you have any questions regarding the above. Sincerely, Chairman DATE: SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: 7¥pa ~ Michael Croteau, 1450 South Harbor Road, Southold, New York, 11971 7/26/94 To: Planning Board Office, Town of Southold, New York Re: Set Off Application, Surf. Co. Tax Map 1000 75 4 22.1 To the Town Planning Board: The Bayview / South Harbor Limited Partnership is a New York Partnership located at 1450 South Harbor Road, Southold, New York with Mr. Michael Croteau acting as General Partner. The partnership is established for the purpose of purchasing and preserving a 17.5 acre farm in Southold formerly owned by the estate of George A. Stepnoski. The Partnership closed on the property, (Suffolk County Tax Map # 1000-75-4-22.1), on April 22, 1994. Please see attached survey for metes and bounds description of real property. The Partnership is hereby applying for a set-off of a five acre lot which contains all existing structures on the property described above. The Partnership has retained Young and Young, Land Surveyors, 400 Ostrander Avenue, Riverhead, NY to provide a sketch plan of this lot. A survey with metes and bounds for the proposed set-off is enclosed. The configuration of the lot fits with the existing topography of the land, takes into account views from existing structures and allows for the future lot line modification on the small out-parcel on the east boundary of the property. The Partnership is working with the Peconic Land Trust on conservation planning. The trust's board of direc- tors has expressed their willingness to accept any conservation easements that may be part of the final plan. The Partnership will renovate and improve the existing house and barns on the five acre lot with the desire of marketing and selling it. We feel that a lot of five acres will allow the farm to retain its historical value as a working farm and flow more effectively into the surrounding area. The remaining acreage will be owned by the Partnership and managed by the Partnership. (See attached Management Draft). The above was prepared by Michael Croteau, General Partner on behalf of the Bayview / South Harbor Limited Partnership. Thank you for your consideration in this matter. CC: Tim Caufield, Peconic Land Trust Joe Burga, Partner Rich Condon, Partner Nancy Cooley, Partner Larz Balber, Partner David Skwara, Partner Michael Croteau, 1450 South Harbor Road, Southold, New York, 11971 ~V[-ANAGEMENT PLAN To:Planning Board Office, Town of Southold, New York Re: Management Draft Surf. Co. Tax Map 10075 4 22.1 To the Town Planning Board: The Bayview / South Harbor Limited Partnership will own and manage 12.5 acres which will be a separate lot after set-off is complete. 1.) Our initial plans are to keep the acreage mowed through the driest part of the summer. This will be fol- lowed with plowing and planting a cover crop of rye grass or similar in the fall. A hedge row mix will be planted on the South boundary to conceal the chain-link fence installed by the Southold Fire Department. Along with this planting, it is our desire to plant larger conifers to further conceal this fence and to offer a buffer for up-coming construction by the fire department. This cover crop will allow a picturesque vista from all bordering roads as well as retain top soil and provide "green manure" on the acreage. This cover will be left in place and periodically harvested as necessary. 2.) The Partnership has researched the feasibility of many alternatives for the conservation area. Grapestock is a future possibility as the land is a good location, has the proper soil and topography for this type of agricultural use. We have also discussed a lease with an active farm that is close to this property and have begun discussions with the land trust about the possibility of community supported agricultural use, (CSA). All options are pos- sibilities in coming years. 3.) The Partnership recognizes the surrounding residentia} nature of the property and would like to work close- ly with the town in providing some public access to a portion of the acreage, (possibly a walking path on or between Bayview and South Harbor Roads). 4.) Our goal is to create a practical agricultural use for what is now dormant farm land. CROTEAU F_ARM SOIL LEGEND DEPTH TO LIMITATIONS TO SEASONAL SEWAGE DISPOSAL CAPABILITY, HIGH WATER FIELDS SOIL DESCRIPTION UNIT TABLE ...... _ ===-- ....... HaA Haven Loam, 0 to 2% slopes I-1 >4 Slight PIB P1C Plymouth Loamy Sand, 3 to 8% slopes Plymouth Loamy Sand, 8 to 15% slopes IIIs- 1 >4 Slight IVs-1 >4 Moderate: slopes KdA Riverhead Sandy Loam, 0~o~ 3% slopes RdB Riverhead Sandy Loam, 3 to 8% slopes lis- 1 >4 Slight IIe-2 >4 Slight / ~DEED OF CONSERVATION EASEME_N~T ~ THIS DEED OF CONSERVATION EASEMENT is made on Ihe -' ' ' ' __ day of August, 1994 at Southampton, New York. The parties are BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP with an office at 1450 South Harbor Road, 8outhold, New York 11971 (herein called the "Grantor"), and the PECONIC LAND TRUST. INCORPORATED, a not-for-profit New.York Corporation, having a principal office at 30 Jagger Lane (P.O. Box 2088), Southampton, New York 11969 (herein called "GranteD"). INTRODUCTIO~ WHEREAS. the Grantor is the owner in fee s~mple of certain rea] property (Tax MaD #1000-75-4.0-22.1) located in tho Town ol Southold. Suffolk County, New York hereinafter more fulty described in EXHIBIT A attachod hereto, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold which designation, to the extent 3ossible. is intended lo prevent Die unnecessa~ loss of those currently open lands which contain prime agncultural soils as outlined in the Town of Southold coae. Section 100-30: and WHEREAS, the Property has a y~eld of nine (9) single-family residences oursuant to said zoning'code; and WHEREAS. the Grantor wishos Io grant a Conservation Easement on the 17.5-acre parcel of Property so that a portion of the Prope[ty (hereinafter referred to as the "Open Area". comprising 10 acres of the Property, more tully described in EXHIBIT B attached hereto) shall remain in ,ts open, 'undevelopod and se, omc state _a,,nd the roma nde of ~ ./~p/~I~ ~'/~, ,(hereinafter referred to a,s the 'Devol~ ~mont Area , comprising(~.~'"~C,~res of the Properly ~.e~h~ore fully.~,escribed in EXHIDIT C a;lached IYemto) may be fur er developed with no more than IZ~u~gle and separate buil Jin~J Iol~ and each Io may be Im)rovod w~th a s~nole fam~l residence with appurtenant structqr,.,s .~nd ;m;~rovements a~ such may be permitted by the c~Yde conservation as identified by tile Ulfi',ed S[a!.:,'s Dopartmont of Aonculture Soil Consorvation Service's Soil Survey of Sut[gll; C~D[Z,~{c.W_'Q;Ak; and Plan o[ 1973. amended in 1986 al]d 9~U ac :lopted by the Town Board. Town of Southold code. Section 272~a of tho Town Law. t(, ~.,"oloc[ onvironmentally sensitive areas, preserve prime agricultural soJJs, to protect the scr!n e. or~en spaco cl3aracter of the Town and to protect the Towns resort and agrlcullural cceuornT: WHEREAS, the Prope. ,, ~ .... of I 700 foot of road frontage crt both Sayview Road and South Hareor Road which ogers [h~ p;,:,lic a slgrilicant vista of scenic, open farmland not only from these two public rob, d:., b,l~ ;~ls~, ;h,~ illlor.~ection o[ Bayw[tter Avenue 200 feet south; WHEREAS. the Property i~ it:, !~'ect,~it scel:~!c, a~ricultural and open space condition nas WHEREAS. Iho Glantor ahu ~-;, .:~: :.~ ~,:coynizo tho value and specia character of the rogion in which the Propeny ~s Ioc:,[: d. ~, ~'I Ibc Grantor an,J Granted have. in common, the WHEREAS, tho Grantee ha.- d~,~en~i-~d it fo bo dosirable and benelici;I and has roquosted NOW, THEREFORE: 0.01 Grantor's Warrantv Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Exhibit A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represepts to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplernontal legislation (herein 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 natural values of rural lands located in Sugolk County of Long Island. 0.03 Purpose_ The padies recognize the environmental, scenic and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on tho Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for 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 herein, in furtherance of federal New York State and local conservation policies. New York Slate has recognized the impO)fiance of private efforts to preserve rural lan(I in a scenic, natural and open condi[idn Ihro~Jgh conservation restrictions by enactment of Environmental Conservation !.aw, Section 49-0301, et. seq. and General Municipal Law, Section 247. Similar rec. ogni[ion by the federal g0vernr~ent,inc[udes Section 170(h) of the ' Internal Revenue Code and oih~r federal statutes. Grantee warrants and represents Ihat it possesse:s the intent and abiJity to enforce the t;rms of this Conservafion Easement on the Properly, as determined by its Board of Directors, at a duly consJiluted meeting uf II~t Board, and that the Property satisfies the criteria adopted by Grantee reJating ta Ihe'qu;~li[7 and characteristics of open land that should be protected and maintained as open land. 0.~06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present use of the Propmty is compatib[~ with the purposes of this Easement. Grantor has'made available to Grantee sufficieu[ docuinen!ation to oslablish thq condition.of the Property at the time el the gill of this Easement. (In order to aid in:Jdentgying and docun)enting the present condition of the Property's n~.;ur:d, wildlife, walersl~ed, econic, agriculture and aeslhotic resources and otherwise to c.:d in identifying and documeming the Property's open space values as of the dele hereof, to assi:~ !he Grantor and Grantee wi;h monitoring the ~lovelopmem and use of thc Property and en,surin~ comp!iance with tho terms hereof, tho Grantee has prepared, with the Granlor's fuil cooperation, an illvell[Ol~J of thd Propedy*s releva,~t features and conditions (the "Basnline l')ocumentalioa") and shall submil Ihe same to [l~e Grantor for his review.) Thi.s Baseline Documentation includes, but need not be limi[ed to, an aerial photograph, photographs et ;he Properly, a topographical map, a description and silo plan el existing land uses, features, and structures, if any. The Gra~tor ~HKI Grantee acknowledge and agree that in tho event a controversy arises with rospec[ to ~hc nature and ox[eat el Ihe Grantor's hislorical and present uses of the Property or Rs phy~ic,zl con(ti~ion as of tho dale horeol, tho pm'lies sba[I not be foreclosed from utilizing any olher ~olevant or material documents, surveys, reports, photographs, or other evidcncc to ~ssk;f in the resolution of tho conlroversy. 0.07 Recilation_ 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 ONI~ 1.01 TV~ ~I-IE EASEMEt:JZ This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Relerence to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1~02 Duratioq This Easemnnt shall be a burden upo,n and run with the Property in perpetuity. 1.03 EI[c~ The covenants, terms, conditions, restrictions and purposes el this Easement shall run with the Properly as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the padies respectively. This Easement shall extend to and be binding upon Grantor, Granlor's agents,'tenants, heirs, personal representatives, successors and assigns and all other ii~dividuals and entities. Any rights, obligations, and intere~;ts herein granted to Grantee shall also be deemed granted to-each of its agents, successors, and assigns and each such following successor and assign, and the word "(~r~ntee" when used herein shall include all o! those persons or entries. Any dghts,'0b[igations and interesls herein granted by Grantor shall also be ,' emed graniod by each of Rs agents, successors and assigns, and each such following successor and a:~:;ign, and tho word :'Grantor" when used here n shall include all of tho~e perscJns or entitieS. ~ ' ARTICLE TWQ G;'anteo hereby accepts this Easement in perpetuity, and undorlakes to an[orca it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. ~_l CL~ TH R_~_E PROHIBJ_TED_,~C_TS · From and after tho date el this Easement. lbo to,owing acts, uses and practices ~hall be Drohibito,I folaver upor or Wllhin me Propolty: Tho construcli,)n or placement of residential, commercial, industrial or other ' buildings or struclure.~ of any kind or nature (incl,,,'"~g, bgt not imilod to mobile homes), horool Strucluros and ht~provornents, includi; g, but no[ Ii iff[od to. driveways, trails aha agncultural structures as r~ormiHed in Sections 4.05 and 4.00 13ereof. may not be made The excavating, mining or filling ol the Property except as may be necessary 1o develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvemenls on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor Shall the topography of tho Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permilted structures and improvements in the Open Area and for purposes of erosion control and soJJ management with the prior wrd/en consent of the'Granlee. ~bdivi i,,%~o The subdivision or partitioning of the Property wilhout the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Property be subdivided into more than four residenlial tots including the existing residence as provided in Section 4.06 hereof. The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. placement, number, and design d.~ not significantly diminish the' sceni~ character of tho Tho display of signs, billboards, or,advertisemenls on the Property except signs, whose Property and only for the fol~owi~ j purposes; a) t~ ~[ate the name of the Properly and the names and addle~qses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent (subject to and in accordance wilh Section 100-201 through 207 of tho Zoning Code of lbo Town of Southold as same may be amended fr~rn ti/ne to'time), c) t,o Fast Property [o control unauthorized ~niry or use, and d) to announce the Grantees conservation easement. T;~o removal of tr~es, ~;hrubs, or other vegetation fr~m the Property, except as provided in Sec[ions 4.04 and 4.00. . T~,e cro,zFon or placement of overhead utility transmic~sion lines, utility pates, wh'es. foot of ;he cruller line of ~oads or dliveways, and may be·used solely to service Ihe p~rmilto(~0 strucIures. agricugural uar, s ox ~rossly perrniI ed Section 4.05 };haN not be considered a commercial or in tho peel,ally' ,',omc Of which (='.'O more partic~lally described in II,is ARTICLE FOUR 4.02 Possession Grantor shall continue to have the right to exclusive possession et Ihe Property. 4.03 Us__e Grantor shall have the right to use the Property in any manner and for any purpose cons[stent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 LandscaDino Activities Grantor shall have the right to continue the historical 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/dangerously decayed or damaged on the Property. 4.05 Aaricultural Activities Grantor shall have the right to continue or: restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricu[tural activity shall be conducted in accordance with the purposes of this Easement. Normal agricultural fencing and accessory structures, as provided in 4.06 B, 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 wrilton consent of the Grantee. 4.06 A. Allowable Residential Improvement~.' Grantor shall have the' right to construct no' moro'*tha'n four·single-family residences ' with appurtenant structure~ and.improvements reasonably necessary to serve such residences including, wilhoui limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, or ether family-scale athletic facilities. Grantor shall have the dght to remove trdes, shrubs, or other vegetation reasonably necessary to renovate, expan~l, convert, construct or replace tho four single-fa~ily residences and appurtenant structures and improvements. All such residences, structures and improvements shall be conntruc[ed, maintail~od a~d replaced within the Development Area as described in EXHIBIT C ~xcept as provided in Seclion 3.01. B. Allowable Non-Residonlial Improvements. Improvements in the Open /\rca which ~,r(? necessary to and consislel~t wi[b lbo agr cul ural uses i ) Agricullur~l Struciures, including but n(~t limiled'to barns, sheds, and silos as is necessary t(~r the agdcullu~d use of lbo Opch Area, placed such that they do riel detract from and adversely altoct tho scenic value el this Easement. Such ' Structures are subjec~ to [he provisions of ;he Town of Soulhold Code; and ( i i ) Access Drives, to provide access Io ~be improvements pormiIted hcrein, a [0et trail for toot traffic only for the sole use of lbo fulure owners, tenants, occupants, assigns and posscssors of Property; and ( i [ i ) Fences; and (iv) Underground facilities normally used in conneclion wiih supplying, utililJes, removing sanitary sewage elfluent, and conlrolling stofmwator runoff from the improvements permitted under tbe terms of tbis paragraph B hereof. Any such underground utilities must, t? the exient possible, be constructed wilhin 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 5 C. Replacement of Structures in-Kind. In the event of damage resulting from casualty loss lo an extent rendering repair of an existing improvement impractical, erection of a structure of comparable sizn, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval el Grantee. , D. Environmental Sensitivily during Construction.' The use an~3 location of SUCh ~morovements shall be consistent with the conservation purposes intended nere~n, and constructed by methods which are attentive [o mu~im~z~ng disturoancos to the environment, including but not limited to minimal remova et vegetation, m~nimal movement el earth and minimal clearance of access routes for conslruction vehicles. 4,07 Notice Grantor shall notify Grantee. in writing, before taking any acuon or before exercising any reserve(] right with respect to the Property wh*ch could adversely atfecl ;he conservation purposes which are the subject of this Easement. This includes the consiruchon of any permanent or temporary structures as Provided in Section 4.06 here~n. Orantor shall orovJde Grantee w~th complete oocumentation incluomg architectural plans of any proposed structures whicb are subject to Grantees approval which sha I not be unreasonably wdldm'd. Such approval, disapproval or comments of Grantee shall be gwen to Grantor wil4i~ 45 days after all necessary documentation and inlormalion is submitted lo Grantee· 4.08 Alienability Property but only subiect to this Easement. Grantor shall promptly n 'y ('m, ntc,~ of any conveyance of any interest in ~ho Properly, inclu'ding the full names an¢ m;f'i ~q r. osses of all any SUCh conveyance sna~ ~peci[ically scl Iorth that the interest thereby conv~yed is subject to incorporate this Easement ~y4'oIorenco, scecificahy setting forth thc daf,' n;;ico, liber and ARTICLE 5~01 Taxes and Assessments G~ ~Ai',FrOR'S OBLIGATIONS ogico wilhout inquiry ~nic tho ~ccurac¢ II, .~'eof, Thai paCment, g made by £h;-;,too, shall mterost from time to lime cha ged Dy Cil;banl(. /%nZ~QLE S~X 6 considered Grantor's obligations. ~,~ Third ~v Cla~ Grantor Shall ~ndemnify and hold Gran[ee harmless for any liability, cosls, attorney's fees. lUdgments 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. ~ts ogicers employees, agents, or Independent con[factors; an~J ~)t from actions or claims gl any nature by third parties arising out of the entering into or exercise gl nghts under th~s Easement excepting any of those matters arising solely from lhe acts of Granlee, its officers, employees, agents, or Independent contraclors Z~I En~ InsD t~ Grantee shall have the right to enter .upon the Property at reasonable t~mes. ~pon reasonable prior notice to Grantor. and Jn a manner that will not mtedere wilh the Grantor~s quiet use and enloymenl o~ the Property, for the purpose of inspecllon to determ*ne whether this Easement and its purposes and prows*ohs are being upheld. Grantee shall no[ have the right to enter upon the Property for any other purpose, except as provided in Section 7.03, nor to permit access upon tho Property by ~be PUbliC. Grantee shall have Ihe right to require the Grantor to Festore the Prope~y to CO~J~Jo~ required by this Easemonl dud to enforce Ibis rl913t by any action or proceeding that the Grantee may reasonably doom necossa~. However. I[ m undorsioo~ and agreed by [be parties hereto that the Gr~n~or shall no[ 9o li~blo for any changes to Iho Properly resuging - lro~ causes beyond the Gramor's control, including, Wit~oul Jimdation. tiro. flood, storm, and earth movement, or from any,~r.~don/action laker by the Oran[or under emergency condJtioRs to prevent, abate, or mlti~ale si~tJficant injury to lbo Proj~rty resulting from such cau=es. Grantor acknowledges and agree3 th;fi Oranloo s rOlJ~OOlOS a[ law for any VlOlatiOll of Easement are inadequate. Thoreiol'e. in addi[Jol~ .o, Gild not in JJi~lilation of. any other this Easomen[ is no[ cured by Gran[or wilhh) IhiHy [~0} day= no[ica [noreo~ by Grantee ~hich _7,04 No~Waiv~ Grantee's exercise of one remedy or relief under this ARTICLE SEVEN 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 limiling the use of any other remedy or relief or the use of such other remedy or relief at any other time. ~',0~ ~J~nabi~i~y Grantee shall have the right to assign any and all of ils 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 governmental unit or agency which is qualified to receive such inlerests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section f70(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or Assignee's successors to carry out the DurDoses ' - ~ of th~s Easement. The Assignee and its successors and assigns shall have the same right of assignment. Z~6 S c~J~C~ssion g at any time Grantee or any successor or assignee s unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under LR.C. Section 170 (h}(3) then this Easement shall be vested in such other qualified corporation, body oi~ agency as defined and upon the conditions conlained in Section 7.05 as the Grantee shall designate. If, on the occurrence of any of lhose events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, tiUo and interest in and to this Easement to a qualified organizafi;n, then the righlc nnd respcm~ibilities under this Easement shall become vested in anolher qualilied organization in accordance wilh*a cy pres proceeding brought in any ,'ourt of COmpetent jurisdiction. .. - ~0 7~ xti~ ~ This easement gi,/~s r'isd to a properly right and' inleresl immediately vested in ~he Grantee. For purposes of [his Section 7.07, the fair markol value of such right and interest hereby (:;uch digorence, dividcd by the ~air market value'of Ihe Property unencumbered by Ihis any n~atorial teHn or provJ~ion hereof by a judicia~ proceeding; then upon a subsequent Itansfor o~ title lo the pro2eHy by s~o, cji , devise, exchange, takimj by eminent domain or by purcha;o in lieu of a taking, G~an~or shall p~y to Grantee an amount equal to the gro~ter et (x) , corpo-a[o, or o~her auihoiily, or o~harwise acquired rcaoohably iUCL,rred by tho parties to damages resulling from [ho taking. All expenses MISCELLANEOUS r ndY~ This Easement contains the entire understanding between its parties concerning its subject matter. Any prier agreement between the parties concerning ils subject matter shall be merged into this Easement and superseded by it. 8.02 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 in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal 'income tax return of the Grantor, to entitle the 'Grantor to the charitable deduction described in I.R.C. 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 onJy in accordance with the common and statulory law of the State of Now York applicable to the termination and modilication et easements and covenants running with tho rand· Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain o[ the restrictions contained in Ibis Easement. To this end, Grantee and Granter shall mutually have the right, in their sole discretion, to agree to amendments to lhis Easement which are n~ ' inconsistent with the bic purposes of this Easement set forth in the Introduction hereof; pl~,',ided, however, that Grantee shall have no rigb! or powPr to agree Io any amendments hereto thal would res' in this Easement failing to qualily as a va[: Conse~tion Easement und,~r Arlicle 49, Title 3 o, ,aa Environmental Conserv,Jion Law of the State of New York, a~ the same may be hereafter amended, any regulalion issu,~d pur?,ant the~efo, or Section 170(b) of tho Inl~rn-' Revenue Code governing "Qualified Consel~ ;ion ~ontdbutions." The pathos acknowledge lbo boundaries cf'the O~en Area rind thc ~eve~oF :~ont Ames ~ay have to be adjusted to ~ccomn)odele lbo Town el Sou hold a sucb limo :h d lbo Property :~ Any provision of tbi~ Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a coral, sh ;I not be inwlldalod. Instead, {hci[ provisiol~ sbaiJ bo reduced or limited to w]lalovDr extent :~la[ court determines will ma!,e il enforceable and A:I no~ices required hy ;iff.-, Casement mus[ be wrillen. Nolices 5hull bo given et;her by interpretation, breach, vJolalJon and performance. ~].06 interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the patties because it was drafled by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the pady 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 as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in Ihe construclion or interpretation of this Easement, and, this Easement sba, be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his righl to use the Property, except as otherwise recited herein, be construed at all limes and by all parties Io egectuate its purposes. 8.07 Public Acc¢$~ Nothing contained in this Easement grants, nor shall be interpreted lo grant, to the public any nghl to emer upon the Property. 8.08 Warranti_e_s 8.09 Recorc ~ Graittoo shall record this Easement in thailand recold:, of the oilice of tho Clolk of tho County et S~ffolk State of Now York. ' 8.10 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 fodh above. ACKNOWLEDGED AND ACCEPTED: BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP (Grantor) BY: Michael Croteau (Grantor) General Partner STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this day of August, 1994, before me personally appeared Michael Croteau, who, being by me duly sworn, said that he resides at 1450 South Harbor Road, Southold, New York, 11971 Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. Notary Public ACKNOWLEDGED AND ACCEPTED: Pr:CONIC ~AND TRUST (Grantee) John v.R. Halsey lis President STATE OF NEW YORK ) COU~'~TY OF SUFFOLK ] SS.: On this day of August, 1994, before me persnnal ',ppeared JOHN v.H. HALSEY, who. being by mo duly sworn, said that Ilo resides al 4G9 Ma:~¢,. Path. Town of Soulhampton. New York. th~;[ Ilo is President of PECONIC LANE) TI-{(IOT, [NCC~IPORATED. lbo Grantee mentioned and aosc bcd i~ and which acknowledged anu Gccol)led all ul llie n(jhl$ and ~esoonsibihlies under the fore:join3 instrument and this Easement conveyed I',loroill; alld []l;~t bo $i9~1od his name thereto by au[henry of the Board of Direc:ors el lbo sa~d Co~poration EXIliL~lrA: Itlolo.~ and Bounds Description of tho Propcny. EXI Ill.;IT B: Metes and Bounds Descril~tion el the Open A!on. EXRIUIT C: ,~.~olos and Bounds Description of tho Development Area ,% SOU TH N OB zO '~u H AR B OR 8,14,80' ~rOOk ~4e o , 31796 s.f. / 3000~O~*ff. 30000 500' 30000 s.f., 30000 s.f. 300' 30000 s,f, 30000 s.f. Lot 9 LOt 6 %~bd\~\eiOo ~ Lot ~ su¢O/k Cooot¥ ~\e ' 12.6288 ac. oo0. o. ro now or formerly o. ~. Southold Fire District Lot 2 ~ Subdivision - "George A. Stepnoski' / / 30' 8*5 Lot ~0 LOCA~ON MAP SCALE', 1" ~ 600' Young & Young, Land Surveyors ~i ELEVA~ONS SHO~ HEREON ARE REFERENCED TO N.G.V.D. (MSL 1929) GREENPORT, N.Y. 11944 SITE DATA: 1. TOTAL AREA = 17.5473 ACRES 2. TOTAL NO, OF LOTS = 9 3. ZONING USE DISTRICT: EXISTING = R-80 SUBDIVISION SKKTCH P~AN (CLUBTER) D.B.M. COMPANY At: SOUTHOLB Town of: SOUTHOLD Suffolk County, New York o{ N 79 22~0 460.00' %s AREA = Lot 2 12.5472 ACRES now or formerly Southold Fire District Lot 2 Subdivision "George A, Stepnoski" "SoUth ~orbor 4096 subd'tvis\°nuot ~7 File No. 1 Su~o~~ CoUntY 75~.B2' Lot 1 "SET-OFF" AREA = 5.0001 ACRES 173.0C ,w. 02 27'00 W FENCE 85.00' ,ET^L ~'00" E 129.00' now or formerly George A. Stepnoski LOCA]]ON MAP SCALE: 1" = 600' Young & Young, Land Surveyors THE WATSR SUPPLY & SEWAGE DISPOSAL FACILI]]ES FOR ALL LOTS IN ~IIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIREMENTS Of 11-1E SUFFOLK COUNTY DEPARTHENT Of HEALTH. THOMAS C. WOLPERT, N.Y.S.P.E. UC. NO. 81483 "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE BUILDINB ZONE ORDINANCE OF THE TOWN OF SOUTHOLD." "1 HEREBY CERTIFY THAT THIS MAP WAS MADE bY AC31JAL SURVEYS COMPLETED JANUARY 2D, 1994 AND THAT ALL CONCREq[E MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSl3]ONS ARE CORREC3Ly SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." KENNETH F. ABRUZZO, N.Y.S. LS. UC. NO. 49999 "THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY AR3]CLE 18 OF THE TOWN LAW" OATE OF APPROVAL CHAIRMAN SITE DATA: 1. TOTAL AREA = 17.5473 ACRES 2. ZONING USE DISTRICT RESIDENTIAL LOW DENSITY A 'R-80" 5. TOTAL NO. OF LOTS = 2 NOTE: 1, · = MONUMENT FOUND 2. 0 = PIPE FOUND 3. SUBJECT PARCEL DESIGNA~D AS LOT 1 AS SHOWN ON "SUBDIVISION MAP OF PROPERTY SURVEYED FOR SET-OFF PREPARED FOR BAYVlEW SOUTH HARBOR LIMITED PAR'[NERSHIP At: SOUTHOLD Town of: SOU~LD Suffolk County, New York Suff. Co. Tax Map: , 1000 I 75 , 4 JUl. 2 TI 50389 Lo% 15 754.5~' ~"" ~ STORy Lot 1 AREA = 5.0001 ACRES FEN FA5 ~ETAL W S 27'00" W 88"26'00" E 129 2 STORy FRAME HOUSE Lot 20 now or ge A. formerly Stepnoski LOCA~ON MAP SCALE: Young & Young, Land Surveyors THE WATER SUPPLy & SEWAGE DISPOSAL FACIU~IES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY OEPAR~ENT OF HEALTH, THOMAS C. WOLPERT, N.Y.S.P.E. LIC. NO. 61483 "l HEREBY CER~FY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH REQUIREMENTS Of THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD. EXCEPT AS MODIDiFIED PURSUANT TO SEC'~ON 278 OF THE TOWN LAW AND ARTfCLE XWlr OF THE CODE OF THE TOWN OF SOUTHOLD, "1 HEREBY CER~IFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED JANUARY 20, 1994 AND THAT ALL CONCRETE MONUMENTS SHOWN THus: · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND BEODE~lC DETAILS ARE CORRECT." KENNETH F. ABRUZZO, N,Y.S. LB. LIC. NO. 49999 "THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY AR~ICLE 16 OF THE TOWN LAW" DATE OF APPROVAL CHAIRMAN AREA = Lot 2 12,5472 ACRES SITE DATA: 1, TOTAL AREA = 17.54-75 ACRES 2. ZONING USE DISTRICT RESIDENTIAL LOW DENSITY A 'R-80" 3. TOTAL NO. OF LOTS = 2 now or formerly Southold Fire District Subdivision Lot 2 "George A. Stepnoski" NOTE: A DECLARATION OF COVENANTS AND RESTRICTIONS NAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE IN UBER C.P. & LIBER C.P. NOTE: 1. · = MONUMENT FOUND 2. 0 = PIPE FOUND 5. SUBJECT PARCEL DESIGNA1ED AS LOT 1 AS SHOWN ON "SUBDIVISION MAP OF PROPERTY SURVEYED FOR OWNER: BAYVIEW SOUTH HARBOR LIMIrED PARTNERSHIP 1490 SOUTN HARBOR ROAD SOUTHOLD, N.Y. 11971 MINOR SUBDIVISION PLAT_~O~UCT~ ) PREPARED FOR BAYVIEW SOUTH HARBOR LIMITED PARTNERSHIP At: SOUTHOLD Town of: SOUTH(, Suffolk County, New York Buff. Co. Tax Map; AIJ6 2 4 1994 ULY 21,1994 DATE :JAN. 2~1994 SCALE :I": 100' JOB NO. :94--0016 SHEET NO.:I OF 1 50989 N 79'29-'&0" E 460.00' DEVELOPMENT AREA = 5.17.51 ACRES 4096 . , X 7io Lot 1 ,/ ' TOTAL AREA = 5.0001 ACR.EG . CONSERVATION EA~MEN , "PECONIC' LA~D vO0" W 85.00' 88'26'00" now or formerly Southold Fire District Lot 2 Subdivision "George A. Stepnoski" now or formerly ge A. Stepnoski LOCA~ON MAP Young & Young, Land Surveyors THE WATER SUPPLY & SEWAGE DISPOSAL FACIUTIES FOR ALL LOTS IN THIS DEVELOPMENT SHALL COMPLY W1TH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNl~' DEPAR]~IENT Of HEALTH. ~40MAS C. WOLPERT, N.Y.S. P.E. UC. NO. 61483 "1 HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE BUILD[NB ZONE ORDINANCE OF THE TOWN OF SOUTHOLD." "1 HEREBY CF. RTIFY THAT THIS MAP WAS MADE BY ACTHAL SURVEYS COMPLETED JANUARY 20. 1994 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · AC~JALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT." KENNETH F, ABRUZZO, N.Y.S.L.S. tiC. N0..49999 'THIS IS TO CERTIFY THAT ~HIS SUBDIVISION PLAN HAS BEEN APPROVED BY ARTICLE 16 OF THE TOWN LAW" DATE OFAPPROVAL CHAIRMAN OPEN SPACE (12 5890 ACRES) SITE DATA: 1. TOTAL AREA = 17.5475 ACRES 2. ZONING USE DISTRICT RESIDENT]AL LOW DENSITY A "R-80" 3. TOTAL NO. OF LOTS = 2 NOTE: A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S'OFFICE IN LIBER C,P, & tIBER C,P. NOTE: 1, · = MONUMENT FOUND ? 2. 0 = PIPE FOUND 3. SUBJECT PARCEL DESIGNATED AS tOT 1 AS SHOWN ON 'SUBDIVISION MAP OF PROPERTY SURVEYED FOR GEORGE A. STEPNOSKI" RLED IN ~HE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON AUG, 5, 1992 AS FILE NO, 9255. OWNER: BAYVIEW SOUTH HARBOR LIMITED PARTNERSHIP 14,50 SOUTH HARBOR ROAD SOUTHOLD, N.Y. 11971 MINOR SUBDIVISION PLAT PREPARED FOR BAYVIEW SOUTH HARBOR LIMITED PARTNERSHIP At: SOUTHOLD Town of: SOUTHOLD Suffolk County, New York Surf. Co. Tax Mop: , 1000 I 75 I 4 i 22,1 AUG. 19,1994 JULY 21,1994 DATE :JAN. 20.1994 SCALE :1"= 100' JOB NO, :94- 0016 SHEET HO.:1 OF I §0589 ~. ~4orbOr subdW~e~°n "So~"-'E~\e ~go. Su~fO\k CouO~¥ ~o~ ~B 4096 N 79"22'~0" E 46(5 .DO' DEVELOPMEhJT AREA 2 = 3.1731 ACRES ,AR, EA ~ 5/~i,4~ AcREs" ",F;ECONLC LAflD, TRUST", ~7!~A ., ,~ ~ .' · .., , // /,' ,// Lot 1 / /," -' ' TOTAL AR~A = 5.0Q0i AdR~ ~ now or formerly 90 Southold Fire District Lot 2 Subdivision "George A. Stepnoski" DEVELOPMENT AREA 1 = 1.7852 ACRES 7'00" 88'26'00" now or formerly George A. Stepnoski LOCA~ON MAP SCALE: 1" = 600' Young & Young, Land Surveyors THE WATER SUPPLY & SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN ~IS DEVELOPMENT SHALL COMPLY W1TH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUN]'f DEPAR~iENT OF HEALTH. %lOMAS C. WOLPERT, N.Y.S.P.~. llC. NO. 614B5 "1 HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE BUILDINB ZONE ORDINANCE OF THE TOWN Of SOUTHOLD." KENNETH F, ABRUZZO, N,Y.S. LS. DC. NO. 49999 "THIS IS TO CER~FY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY ART1CLE 16 OF THE TOWN LAW" DATE OF APPROVAL CHAIRMAN OPEN SPACE - (12,5890 ACRES) SITE DATA: 1. TOTAL AREA = 17.5473 ACRES 2. ZONING USE DISTRICT RESIDENTIAL LOW DENSITY A "R-80" 3. TOTAL NO. OF LOTS = 2 NOTE: A DECLARA~ON OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE IN UBER C,P. & LIBER C,P. 1, · = MONUMENT FOUND 2. 0 = PIPE FOUND 5. SUBdECT PARCEL DESlONA~ED AS LOT 1 AS SHOWN ON "SUBDIVISION MAP OF PROPERTY SURVEYED FOR GEORGE A. STEPNOSKI" FILED IN lt4E OFFICE OF THE CLERK OF SUFFOLK COUNTY ON AUG. 5, 1992 AS FILE NO. 9255. OWNER: BAYVIEW SOUTH HARBOR LIMITED 1450 SOUTH HARBOR ROAD SOUTHOLD, N.Y. 11971 SEP 3 01994 SOUTHOLD TOWN P~NNING BOARD MINOR SUBDlyISION PLAT PREPARED FOR BAYVlEW SOUTH HARBOR LIMITED PARTNERSHIP At: SOUTHOLD Town of: SOUTHOLD Suffolk County, New York Surf. Co, Tax Mop: , 10oo , 75 , 4 22.1 Lot SEP% 26,1994 SEPT. 7,1994 AUG, 19,1994 JULY 21,1994 DATE :JAN. 20,1994 SCALE :1"= 100' JOB NO. :9~- 0016 SHEET NO.:I OF I 50~89