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HomeMy WebLinkAbout1000-84.-4-6.1 G,LUSTERED GONSER\/AT 1 ON 5U5I;) 1 \/ 1 5 1 ON N OF W E 5TEYEN 1%5NERS �� SITUATE: CUTCHOGUE TOWN: SOUTHOW �� o �s ll 2uus b SUFFOLK COUNTY, NEW YORK - `I 5 s ; 9 �� R G¢. h 9 y SUFFOLK COUNTY TAX # duI � _ _ — 1000-84-4-6.1 " C - �� CU 5URVEYED: 07-0-1-033 - ,��(°(\� i�,.o� 26v6 � h„f-,o AMENDED 09 OS 03, 01-2cl-04, 06-I6 04,12-01 04 02-21-05, 05-24-2005, 0-1-15-2005, 10-0(2-20051 - - - deo [1VCYl�YIC n?P 9ANT: p Jany $1(p I Ce 1 __ OCT ` 3 q�1�� 140 lID?C HALF HOLLOW ROAD �� ���`'� � ,�. tig. Lot y F py ��'o � c_�: ��`'' v -• - HDIXHILLS,N.Y. 11746 30v� 5sv'O'q , "Yk?, 'oT J alp P6 mo* °f S.'i 'c m9254+ 9. 2+ CA, AT (' MP A ,�ax3 yh / 2iT n9 of sf 69 DWevy. e \� UE oF 'Cb�� a b ' j — 0° a0 . 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PP as w Wy �p� „ \0 O., •q r mo<� 06 Puditicvoost rIadan: tbcanebuseioanne pansio effretatthetihose mvshoc[im and am sub'x[ b x ararc .M' - J P Pemdro Papumr b those 4r pF rptWQ m 1"III �°q4i- ��. ,, ,,. -I 6, `.7�o fL\ ht oPpyCipad ' g a �rpqv E " 62 s,.dmmaaashall be valid only if me realityawyelwwim she Comedy Clerk w nin \ Ps" k Of wo�•^9_ &. lO,W2 oneyearol•thisaap Cmxv[ishesen enforlhefls, of this map m t e 5 �x� � " - - - APPROVED BY mwldchthis mdoesementa I.deoffincefWeCom C7ed v b\ ecconlanI with pmviaimu of the Wba.Health Law and the Suffolk PLANNING BOARD c VrrOA.MRNE[PE. Re \ x\ 9� 'r61 N6� r t9 pf �3 tl*mp' :•w2 �6 99 TOWN OF SOUTHOLD Director,D vna of en mmmn al ity yed of \ E tiVO 5P' S o nwa p9\O 9 _ _ IR DATE- y S BJECT TO COVENANTS & RESTRICTIONS LIBER III fOPO AFF ".b• 31,eJJa I \q9 G'i5 1Ptn ?S i eta ��o _ - _ _ __ _ _ - �• - (O/ DG // P Qvy p�' 65 OS 69 q� P a o PAGE 476 oli 0" �l " Ped'v9 ped-c�_� D� �V•OyVO�6 /• + 'oic �j NA . 2D N �• 6 ?F�Sg?FS' 53 eN�e - �vIELL DETAIL e >�,I O q _ / - , ToEt Hole. F12 l lcpenclld �Ca�SG�vnc2 TKF Ee�ovatlne_ Plot t�� SGC� I� PpOP zov5' `I �� I K InI, u�nl seal _ — — — I inA'HII'd on pale= Unit l2 _A� nL nL J -6 min - 526ALLO1 I STORAot IFlfJK �° nn I LROUND NATER Ai0TF 51BLE - - - - ' PUMP qo� is�� / ?1' / u'o 5 6ALLONS NIELL NNATER 5UPPLr IJOTEG A, / �� FOP- INDIVIDUAL LOTS NIrIERE TPIE SALTNAI ER IPITEREAGE _ _ I A BOA 15 TO CERTIFY OFRAT THIS WLDI13Y RE PIAT HAS BEEN APPROVED BY 111E BANNING IS rINDI1Nl EKED LE55IHAH 4O EEET THAEATM THE NRTAIL. / -Q �- •S(P BOARD OF THE TOWN OF SOUIF OI.D BY Rf30LUf ON DATED, TABLE THE HELL SORE-EN MAL FSE IHEITAIL_ED ATA SHALLUINFF DEPTH PROVIDED THAI THAT THE TOP OF: THE "BLL _ - all - - - DAIS: BY: - VREEI I IS AT LEAST to FEET FELON TI IF MATER TABLE -- - AbIP THE HnRI_OI,rrAL SEPARATIOn EETINEFH THE wa_L A ID ALL LC-AGHII A, P0,I 15 AT LEAST 150 FEET _ `IrEFTIC E''i 5 EI'I PETAIL // , 1 — — — ' Y�"�. "I -IBREEY GeRTIF r rl-IAT TI-115 HAP MAS HATE CST US EPUI-I ACTUAL SUF,LF5 S Y 6ONPLETEO JUL'r T, 20A5LL THAT ALL CpNIGRE rE I-1011UPIeI ITS SHONIIJ THUS PICS TO SCALE �Vn \ \ 1 - '' ^ HEREG➢V AOIUALCr' EXIST AHIA THEIR PCISITIOI'15 G�2RF.ECTLY SHONIII At,Ll 'JJ Y ALL DII-IEH510HAL AHFI FEOpETL'_ LETAILS ARF_ COFFEGL s - o�AIr v 1AL • ." a, - 1 Air II.rc ,. k/ A H v�`v IN 3Ar"I In .36 , o / i ( ,,.% l LOHm � HLE 1. u G, off, TYPICAL P_OT PLAN RS 'F' 'S LIG SOYP ..Ft. not to Scale _ _ _ , _ / - r' h��t��.«�,hhl,l�,..ea�..t oK�. � 1 ■ MONUMENT FOJND ����ry �. h Pet,®�➢ koAs' o a- ,J' REBAR FOUND p PIPE FOUND HLRFSi �LRTIFY THAI IIIF LA] =UFPLL(SI AIIP/aR SENIASF / / DISPOSAI bl'PT91(5) FOFTNb PROJLOTMERE LC`IbIICG Bl NEAR / �'-' y IUJO �A�� AIDER 1,11 DIRT TIDII EASOD UPON N CARBPUL AND It OF, ANDY ur THE su1L SITE /•nD rRuuHDwA'r5r CONIDmn1s , ALL L urs, AS - , / ,'-„[�r'� DECLARATIONS OF COVENANTS AND RESTRICTIONS AFFECTING SFO d,gNp sU� FRODEFED, GOHFOR' I TO THE SUFFOI_r GOMITY DEPARTne Ir Or HEAT nh - / I (11�� THIS SUBDIVISION HAVE BEEN RECORDED A- THE OFFICE OF THE N eT-, v SEeVICIs F0IHTRuc II HI SrAII IARDs ua EFFECT As OF IT �y' CLERK OF 91�FOLK COUNTY IN LIBER 12412 PI 303 6 304 JOHN C. EHLERS LAND SURVEYOR of NEW, D. O P Y % ,' / ELEVATIONS REFERENCE 5UFFOLK GOUNTY TOPO MAPS \ u 1 CO IZvaFP� GRAPHIC, SCALE "= 100' 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 ----------- 1-Ic-iil<.EL IT -s •,I*:Tr E uc +ITo5o1 ` l � ,�I /' -1A Z RIVERHEAD, N.Y. 11901 TOTAL AREA = 2,342,346 SQ FT OR 53.77 ACRES Z� v, reel Fo 0705 't 0 100 200 500 369-8288 Fax 369-8287 REF'-Z:\pros\03\03-210.pro AROFESSIO, _ _ _ • MAILING ADDRESS: PLANNING BOARD MEMBER P.O. Box 1179 JERILYN B. WOODHOUSE �rjF SO(/lyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS # Town Hall Annex MARTIN H. SIDOR C/a Q 54375 State Route 25 GEORGE D. SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OIyCOUNTV Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 2006 Ms. Marian Sumner Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Clustered Conservation Subdivision for Steven Dubner Located on the s/s/o County Road 48 and the a/s/o Cox's Lane, approximately 1,320' west of Bridge Lane, in Cutchogue SCTM#s1000-84-4-6.1 Zone A-C Dear Ms. Sumner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, June 12, 2006: WHEREAS, this proposal is for a clustered conservation subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.22 acres, upon which the development rights have been sold to the Town of Southold, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.3 acres and Lot 5 equals 1.7 acres in the A-C Zoning District; and WHEREAS, on September 13, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last revised September 5, 2003; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted conditional final approval upon the map prepared by John C. Ehlers, LS, dated as last revised May 24, 2005; and WHEREAS, on November 16, 2005, the applicant submitted copies of the recorded Declaration of Covenants and Restrictions and the Road and Maintenance Agreement; and WHEREAS, on April 12, 2006, the applicant paid the park and recreation fee in the amount of $10,500; and 1 • . Steven Dubner Subdivision Page Two June 13, 2006 WHEREAS, the applicant has requested that the Town of Southold accept the Certificate of Deposit #5200009277 in the amount of$34,185, in lieu of an Irrevocable Letter of Credit, pursuant to Section A106-39(A)(1) of the Town Code; and WHEREAS, on June 9, 2006, the applicant submitted five (5) mylars and eight (8) paper prints of the final plat prepared by John C. Ehlers, L.S. dated July 7, 2003 and last revised on October 6, 2005, each containing the Health Department stamp of approval; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final approval have been satisfied by the applicant; and be it further RESOLVED, that the Southold Town Planning Board accepts the Certificate of Deposit #5200009277 in the amount of $34,185 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant Final Plat Approval upon the map prepared by John C. Ehlers, L.S. dated July 7, 2003 and last revised on October 6, 2005, and authorize the Chairperson to endorse the final maps, after the Town Board accepts the Certificate of Deposit by formal resolution. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, ?Jerilyn B. Woodhouse Chairperson enc: map cc: Assessors w/enc. Building Department w/enc. Land Preservation w/enc. OCT 2 0 ZC+' IIIIIII IIII IIIII IIIII IIIII VIII VIII VIII VIII IIII IIII LSONIC LAND"frsUsT, INC. 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 09/30/2005 Number of Pages: 4 At: 12 :49 :49 PM Receipt Number : 05-0103065 LIBER: D00012412 PAGE: 303 District: Section: Block: Lot: 1000 084 .00 04. 00 006 . 002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5. 00 NO COE $5. 00 NO NYS SRCHG $15. 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $5 . 00 NO RPT $70 . 00 NO SCTM $0 . 00 NO Fees Paid $112 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Number of pages T( Serial # Certificate# Prior Ctf. # Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 1 FEES Page/Filing Fee — Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. 7 C) 6) Dual Town—Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Cop or will be improved by a one or two CYfamily dwelling only. NYS Surchar e 15. 00 Sub Total YES or NO Other — — Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. Section Block I Lot 5 lCommunity Preservation Fund Real Property 1000 08400 0400 006002 Consideration Amount $ Tax Service 1000 08400 0400 006003 Agency 1000 06400 0400 006004 CPF Tax Due $ Verification Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD & RETURN TO: TD TD PO V',OK076 7 Title Company Information Co. Name Title# Suffolk -County Recording & Endorsement Page This page forms part of the attached D[2�� d (-WP–V1&'1fS —made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of 6 rX In the VILLAGE or HAMLET of CL BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATI * OF COVENANTS & RELICTIONS THIS DECLARATION is made this I1 day of , 2005 by Steven Dubner residing at 140 Half Hollow Road, Dix Hills, NY 11746, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the South side of C.R. 48 in Cutchogue, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a conservation subdivision, as shown on the Final Plat--Clustered Conservation Subdivision for Steven Dubner prepared by John C. Ehlers Land Surveyor last dated , 2005 which will simultaneously be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) The clustered open space equal to 41,744 s.f. is included within and a part of Lot 2. Any potential future subdivision of Lot 2 must deduct the clustered open space from the yield calculation. 2) Prior to any construction activity,the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 3) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights. 4) For turn-around purposes, the extension of the road into Lots 4 and 5 will remain free from obstructions or gates that would infringe upon the use of the road. 5) Each of the property owners in the subdivision are responsible for preventing stormwater runoff from being discharged onto the adjacent lots in the subdivision. 6) No further suaision of Lots 3, 4 and 5. No lot linespy be changed without approval of the Southold Town Planning Board. 7) The clearing restrictions on Lots 3 and 5 shall be 35% and on Lot 4 shall be 50% per Town Code A106-56. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner(s) of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. By: Steven Dubner STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the l l day of Q uj�- the year 2005 before me, the undersigned, personally appeared Steven Dubner, perso lly known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. June 1. Pipito Notary Public, State of New York No. 52-4886667 Not ublic: State of New York Qualified in Suffolk County �� Commission Expires Feb. 26,�. � SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT Steven Dubner H.D.REF.NO. OR NAME OF SUBDIVISION S 10-03-0011:Dubner Conservation Subdivision ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT CUTCHOGUE, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (CR 48) DISTANT 798.34 FEET NORTHEASTERLY AS MEASURED ALONG THE SAME FROM THE EASTERLY END OF THE CURVE CONNECTING THE NOR71MMTERLY SIDE OF COX LANE WITH THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (CR 48) ; SAID POINT BEING ALSO AT THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF HOMAN; RUNNING THENCE ALONG THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (CR 48) , NORTH 70 DEGREES 19 MINUTES 20 SECONDS EAST 316.26 FEET TO THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF VANDEN BOSCH; THENCE ALONG SAID LAND THE FOLLOWING 2 COURSES AND DISTANCES: 1. SOUTH 43 DEGREES 32 MINUTES 50 SECONDS EAST 879.25 FEET; 2. NORTH 60 DEGREES 31 MINUTES 10 SECONDS EAST 494.30 FEET TO THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF DAMIANOS; THENCE ALONG SAID LAND, SOUTH 43 DEGREES 48 MINUTES 10 SECONDS EAST 999.77 FEET TO THE NORTHWESTERLY SIDE OF THE LONG ISLAND RAILROAD; THENCE ALONG SAID LAND THE FOLLOWING 3 COURSES AND DISTANCES: 1. SOUTH 59 DEGREES 47 MINUTES 20 SECONDS WEST 350 FEET; 2. SOUTH 43 DEGREES 48 MINUTES 10 SECONDS EAST 20.58 FEET; 3. SOUTH 59 MINUTES 47 MINUTES 20 SECONDS WEST 1274.22 FEET TO THE NORTHEASTERLY SIDE OF COX LANE; THENCE ALONG THE NORTHEASTERLY SIDE OF COX LANE, NORTH 44 DEGREES 05 MINUTES 50 SECONDS WEST 1651.65 FEET TO THE SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF PLANTINGS BY THE SEA INC. ; THENCE ALONG SAID LAND, NORTH 67 DEGREES 37 MINUTES 50 SECONDS EAST 402.84 FEET TO THE SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF FUNN; THENCE ALONG SAID LAND, NORTH 62 DEGREES 40 MINUTES 10 SECONDS EAST 124.05 FEET TO THE SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF HOMAN; THENCE ALONG SAID LAND THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTH 67 DEGREES 05 MINUTES 20 SECONDS EAST 350 FEET; 2. NORTH 43 DEGREES 26 MINUTES 50 SECONDS WEST 425 FEET TO THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (CR 48) AT THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 084.00 BLOCK 04.00 LOT 006.001 I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 09/30/2005 Number of Pages: 9 At: 12 :49 :49 PM Receipt Number : 05-0103065 LIBER: D00012412 PAGE: 304 District: Section: Block: Lot: 1000 084 .00 04 . 00 006. 002 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $27 .00 NO Handling $5 .00 NO COE $5 .00 NO NYS SRCHG $15.00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5. 85 NO RPT $70. 00 NO SCTM $0 . 00 NO Fees Paid $127 .85 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 1 2 • Number of pages TORRENS Serial# Certificate# Prior Ctf. # Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 1 FEES Page/Filing Fee — Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX Dual Town Dual County R.PT.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax Certified Cop The property covered by this mortgage is — — or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other — — Grand Total lob If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. Section Block I Lot 5 lCommunity Preservation Fund Real Property 1000 08400 0400 006002 Consideration Amount $ Tax Service 1000 08400 0400 006003 Agency 1000 08400 0400 006004 CPF Tax Due $ Verification Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN L-a- TO: TD v�I � TD r4A/' TD VO 6c� C7 I (p 7 Title Company Information Co. Name Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached 1-)Pact-� Nv� made by: (SPECIFY TYPE OF INSTRUMENT) Sv� �nets The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION f This Declaration ('Declaration") is made this /( day of�x2005 by Steven Dubner, hereinafter referred to as 'Declarant": WHEREAS,the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York,known and designated on the Suffolk County Tax Map as District 1000, Section 84, Block 4 and Lot 6.1, and WHEREAS,Declarant has made an application to subdivide said real property into five(5) lots, as shown on the Subdivision map of Steven Dubner prepared by John C. Eblers Land Surveyors, and WHEREAS,Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the subdivision lots; NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals,the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The subdivision road shall be located as shown on the subdivision map and shall be of stone blend composition to a width of 16 feet and run a distance of approximately 393.96 feet from Cox Lane. The subdivision road shall be constructed in accordance with Town of Southold specifications. Title to the road shall remain with Declarant, his successors or assigns with its use subject to this Declaration. B. MAINTENANCE AND MANAGEMENT OF ROAD 1. The owners of each of the subdivision lots hereby covenant and agree that Declarant or his successor or assigns in interest shall manage, administer, maintain and operate the subdivision road in accordance with the provisions of this Declaration. Declarant hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but are not limited to: II a. The routine maintenance of the road,including but not limited to, litter collection, snow removal and repair of the surface as necessary to keep the road in good and working order. b. The use of agents, subcontractors or employees deemed by Declarant to be reasonably necessary to carry out his responsibilities under this Declaration. 2. Declarant agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above,Declarant shall be named an additional insured on individual homeowner policies for each of the Lots, and each homeowner shall maintain liability insurance of not less than $500,000. C. MANAGEMENT COSTS 1 . Declarant, in his sole discretion, shall: a. Prepare an annual budget and apportion to the Lot Owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a'Reserve Fund" for extraordinary repair and replacement of the road. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen(15)year period. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve Fund, Declarant may recommend a special assessment, which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Declarant. D. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the road shall be used by the Lot Owners,their guests and invitees subject to the following restrictions: a. When installing,maintaining, or otherwise servicing utility and service lines,Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii)minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Declarant. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon,or exiting from the road may be made. e. No alteration or modification of the road, once constructed, will be permitted without prior written consent of Declarant and the Planning Board of the Town of Southold. E. TERMS OF PAYMENT 1. All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty (30) days after the date of the bill submitted by Declarant. 2. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty(30)days after notice of violation is given by Declarant, then Declarant shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. F. MISCELLANEOUS 1. Declarant, his successors and assigns hereby make a continuing offer of dedication of the road to the Town of Southold which the Town may formally accept in the event one or more of the following events occurs: a. the conditions for acceptance of the offer of dedication I, i ill of the road set forth in the Resolution of Conditional Final Approval for the Conservation Subdivision of Steven Dubner adopted by the Town of Southold Planning Board on June 13, 2005, b. that the road is in a state of disrepair and remains in that state for a period of 120 days after receipt of written notice from the Town of Southold, and/or C. if real property taxes remain unpaid and the road or a parcel including the road is sold at a real property tax sale. 2 . That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances,regulations and/or provisions may hereafter be revised, amended or promulgated. 3 . If any section, subsection,paragraph,clause,phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 4 . The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 5 . The within Declaration shall run with the land and shall be binding upon the Declarant,his heirs, successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 6 . All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. 7 . In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. I I' of the road set forth in the Resolution of Conditional Final Approval for the Conservation Subdivision of Steven Dubner adopted by the Town of Southold Planning Board on June 13, 2005, b. that the road is in a state of disrepair and remains in that state for a period of 120 days after receipt of written notice from the Town of Southold, and/or C. if real property taxes remain unpaid and the road or a parcel including the road is sold at a real property tax sale. 2 . That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances,regulations and/or provisions may hereafter be revised, amended or promulgated. 3 . If any section, subsection,paragraph,clause,phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 4 . The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 5 . The within Declaration shall run with the land and shall be binding upon the Declarant,his heirs, successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 6 . All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. 7 . In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Declarant: Steven Dubner STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the day of UsV in the year 2005 before me, the undersigned, a Notary Public in and for said st rsonally appeared Steven Dubner, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instnunent and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 11. Digits Notary public,state of New York No. 52-4888867 Qualified in Suffolk County�,„dd!!6 Commission Expires Feb. 28,fl�66 SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT Steven Dubner H.D.REF.NO. OR NAME OF SUBDIVISION S10-03-0011:Dubner Conservation Subdivision ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT CUTCHOGUE, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK. AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (CR 48) DISTANT 798.34 FEET NORTHEASTERLY AS MEASURED ALONG THE SAME FROM THE EASTERLY END OF THE CURVE CONNECTING TEE NORTHEASTERLY SIDE OF COX LANE WITH THE SOUTHEASTERLY - SIDE OF MIDDLE ROAD (CR 48) ; SAID POINT BEING ALSO AT THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF HOMAN; RUNNING THENCE ALONG THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (CR 48) , NORTH 70 DEGREES 19 MINUTES 20 SECONDS EAST 316.26 FEET TO THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF VANDEN BOSCH; THENCE ALONG SAID LAND THE FOLLOWING 2 COURSES AND DISTANCES: 1. SOUTH 43 DEGREES 32 MINUTES 50 SECONDS EAST 879.25 FEET; 2. NORTH 60 DEGREES 31 MINUTES 10 SECONDS EAST 494.30 FEET TO THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF DAMIANOS; THENCE ALONG SAID LAND, SOUTH 43 DEGREES 48 MINUTES 10 SECONDS EAST 999.77 FEET TO THE NORTHWESTERLY SIDE OF THE LONG ISLAND RAILROAD; - - THENCE ALONG SAID LAND THE FOLLOWING 3 COURSES AND DISTANCES: I. SOUTH 59 DEGREES 47 MINUTES 20 SECONDS WEST 350 FEET; 2. SOUTH 43 DEGREES 48 MINUTES 10 SECONDS EAST 20.58 FEET; 3. SOUTH 59 MINUTES 47 MINUTES 20 SECONDS WEST 1274.22 FEET TO THE NORTHEASTERLY SIDE OF COX LANE; THENCE ALONG THE NORTHEASTERLY SIDE OF COX LANE, NORTH 44 DEGREES 05 MINUTES 50 SECONDS WEST 1651.65 FEET TO THE SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF PLANTINGS BY THE SEA INC.; THENCE ALONG SAID LAND, NORTH 67 DEGREES 37 MINUTES 50 SECONDS EAST 402.84 FEET TO THE SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF FUNN; THENCE ALONG SAID LAND, NORTH 62 DEGREES 40 MINUTES 10 SECONDS EAST 124.05 FEET TO THE SOUTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF HOMAN; THENCE ALONG SAID LAND THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTH 67 DEGREES 05 MINUTES 20 SECONDS EAST 350 FEET; 2. NORTH 43 DEGREES 26 MINUTES 50 SECONDS WEST 425 FEET TO THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (CR 48) AT THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 084.00 BLACK 04.00 LOT 006.001 THIS4fivOR SUBDIVISION IS FOR '*c ON ACRES LOCATED Oil SCTrvIx 1000 L _1. IN le M NOR SU DIVISION (NO ROAD) � Complete application received 2 S 6 Application reviewed at work session oK uoi l OK Applicant advised of necessary revisions Revised submission received �` oK M L oK i ,ero. Sketch plan approval SG��N -with conditions J�Z r,o,,P_ Lead Agency Coordination in e I SEORA determination Sent to Fire Commissioner �� q C) Receipt of firewell location Notification to applicant to include on final map L o Sent to County Planning Commission i l o ,ro.` oK Receipt of County Report "OL uro. OK Review of SCPC report tll'� Draft Covenants and Restrictions received ,ero ox �� Draft Covenants and Restrictions reviewed �.` oK Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions cnuGr SCmeni of Suudi'vi5lull LUrb (.a \-- PLANNING BOARD BMAS c BENNETT ORLOWSKI,JR. 0� QG Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERSti Southold,New York 11971-0959 KENNETH L.EDWARDS y, Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. G `F Fax(631) 765-3136 RICHARD CAGGLANO - 1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Dubner Conservation Subdivision Suffolk County Tax Map # 1000- 84-4-6 . 1 a n� Type of Subdivision: (Major ) Minor Set-Off Lot-Line Cluster Subdivision: (Yes ) No Hamlet: Cutchogue Street Location: Middle Road and Cox' s Lane Acreage: 6 acres Number of Lots: 5 Zoning District: AC Date: 7/25/03 Please list name, mailing address, and phone number for the people below: Applicant: alluen Bosch 1 Dix Hills NY 11946 23100 ( 631 ) 777-1800 Cu ogue, NY 1935 31 ) 734-6196 Agent handling the application: Peconic r and Trust-. - rnC (Contact Person) Marian Sumner PO Box 1776, Southampton, NY 11969 631 283-3195 ext . 26 Property Owner(s): s v Pn Duhn Surveyor: John C . Ehlers 6 East Main Street Riverhead , NY 11901 ( 631 ) 369-8288 Engineer: Attorney: Other Agent(s): Has this property had a previous application to the Planning Board? Yes ( No ) Has this property previously received a SEQRA review? Yes ( No ) Have you had any pre-submission conferences with the Planning Board? (Yes) No Does this application have variances from the Zoning Board of Appeals? Yes (No ) Appl. No. Date Is this property adjacent to any bodies of water? Yes (No ) Are there any wetlands on the property? Yes (No) Are there public water mains in an adjacent street? Yes ( No ) Is public water proposed for the subdivision? Yes ( No ) Are there any existing easements on the property? Yes ( No ) Is there a proposed sale of development rights on part of the property? (Yes) No Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? ( Yes ) No Are there any building permits currently pending on this property? Yes No Signature of Preparers Date Jul 30 03 04: 14p p• 2 07/30/2003 02:57 6300711 PECONIC LAPID A PAGE 02 OWNER'S ENDORSEMENT STATE OF NEW YORK): SS COUNTY OF SUFFOLK) 5)4E:, J being duly swom,deposes and Says: I am: (check one) a part owner in fee;or VI the sole owner in fec;or _ an officer of the corporation which is the owner in fee of the promises described in the foregoing application. 1 reside at: C -e at utg Aadresa ! I 72 7 am Post Office I have authorized PECONIC LAND TRUST,INC.to represent me with regard to the conservation subdivision application for SCTMN: 1000-844-6.1 Signaturc/Title Date (if the owner is a corporation,please indicate the name of the corporation and the title of the corporation officer whose signature appears above.) Nod WENDYDUBNER wd h /( �- ry Pubgo.-State of Nett York NotaWl public Gluylified in Na 062654 commission Expire"ZOM20A FROM SOUTHOLD TOWN PLANNISOARD FAX NO. : 631 765 3136 • Jul. 30 2003 03:26PM P1 AI.1`LL(:A NT TIIANSACT i11NA1. 17 rsc60SIDlw FOlut The Town of SouthOld's Code or Ethics prohibits conflicts of interest on the. tart of town Vrflcere alld employees. The 2u1pong or this form is_to-129ovide information which can alert the town of_ ossible con;tlicts of interest and allow it to take whatever action is necassary tO avoid sam_. YOUR NANR! (4TSt norms, [Lrer• 'n. me, midd Ae inttia l,' un less you are applying la the name of someone else or other entity, each as n company. if so, IndlcAt:e the other perann'R or rompany IR name. ) NATURE OF AI'pt.li ATI,ON! (tJllgcic nl.l. I:hat apply. ) 'Fax grievance Variance ,-- Change or zone Approval of plat Exemption from plat or official. map Other (if "Other," name the activity. ) Do you peraonally (or through you, cngpany, nponna., nibttnq, Parent, or child) (lave a relationship with any officer or employee or the 'town of Southold? 'Relationsld p- includes by blood, marriage, or business interest. -nueiness interest" means a bwningen, including a partnership, in which the town Officer or omployee has even a partlal ownership or (or emp Loymettt by) 'a corporation in vltich the town officer or employee owns more lagan 5% of the sltaren- YRS NU 1C you answered -YES.' complete the balance of title form and data and sign where indivated. Name or personemployed by the Town of SoutholA l (C e vj l Title or position of that person Describe the relationship between yourself (the appLieant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space. provided. The town officer or employee or lli$ or her spouse, sibling, Parent, or child is (check all. that appiy)1 __A) the owner or greater than 5% or the shares of the Corporate stock of the applicant (when ..the appitcaut Is a corporation); „ q) the legal or beneficial owtlgr of any itlterwst J . a noncorporate entity (when the applicant. in not a corporation); C) an officer, dlreotnr, partner, orwmpll�oyee of the lltl or ica —40) diel aCtwal appl.l �L(, ,ranEov, '11(-�, of DESCAtWrll ON OF REUAT(0NSllrl1 .iuhml tted this 31day of �,Y4q `"•'L/� A I OItA logits 617.20 40 AppenrIx A State Environmental QoaGty Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ 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 not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ©C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. •A Conditioned Negative Declaration is only valid for Unlisted Actions Conservation Subdivision of Steven Dubner Town of Southold Planning Board°f Action Name of Lead Agency Jerilyn B. Woodhouse Planning Board Chair Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature Vesponsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date Page 1 of 21 PART 1—PROJECT INFORMATION 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 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 available 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 Dubner Conservation Easement LOCATION OF ACTION Qnclude Street Address, Munlclpallty and County) MiddleRO BUSINESS TELEPHONE NAME OF APPUCANTISPONSOR ( ) Perii-Q-1- Ing /Marian summer ADDRESS PO Box 1776 STATE 21P CODE CITYlPU NY 1 Southam tOn BUSINESS 1969 BUSINESS NAME OF OWNER of diftereno (631) 777-1800 Steven Dubner Eugene & Marie Vanden ADDRESS Northeast Nurseries 23100 Route 48 140 Half Hollow STATE ZIP CODE Cix Cutchogue, NY 11935 ( 631 ) 734 6196 Dix Hills , NY 11746 DESCRIPTION OF ACTION Conservation subdivision including sale of development rights on approximately 46 acres . 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: Otrban ❑Industrial ❑Commercial ❑Residential(suburban) ❑Rural(non-farm) ❑Forest ®Agriculture Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION acres acres Meadow or Brushland (Non-agricultural) acres Forested -- acres — �--- Agricultural (Includes orchards, cropland, pasture, etc.) $2,17 5j3;25, acres acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres acres _—� Water Surface Area acres Unvegetated (Rock, earth or fill) acres 2 acres �---- acres Roads, buildings and other paved surfaces acres Other (Indicate type) acres �--- 3. What is predominant soil type(s) on project site? HaA a. Soil drainage: T)Well drained 99 % of site ❑Moderately well drained % of site ❑Poorly drained % of site 1 through 4 of the NY' b. If any agricultural land is involved, how manyacres of soil are classified within soil group Land Classification System? 6A--9r,acres. (S 1 NYCRR 370). 4. Are there bedrock outcroppings on protect stt ? ❑Yes AINo a. What is depth to bedrock? (in feet 2 S. Approximate percentage of proposed project site with slopes 1E10-10% 1 0n % 010-15% % 015% 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? OYes @No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ONo 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? OYes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes ENo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes ®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)- OYes IRNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes IDNo If yes, explain 14. Does the present site include scenic views known to be important to the community? ®Yes ONo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? OYes ElNo a) If Yes, does sufficient capacity exist to allow connection? OYes ONo b) If Yes, will improvements be necessary to allow connection? OYes ONo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA. Section 303 and 304? ®Yes ONo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes IGNo ' , 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes ®No B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 40 acres. b. Project acreage to be developed: ''�05a_ acres initially; 7. litresultimately. c. Project acreage to remain undeveloped 46, t1 acres. d. Length of project, in miles: (If appropriate) e. if the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 1 Ultimately 3 I. Dimensions (in feet) of largest proposed structure height width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 • 2. How much natural material (i.e., rock, earth, etc.) will be removed from the sites tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ONO ❑NIA a. if yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes ONO c. Will upper subsoil be stockpiled for reclamation? ❑Yes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes $)No _ 6. If single phase project: Anticipated period of construction months, (including demolition). _ 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). C. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO 8. Will blasting occur during construction? ❑Yes I$No ' 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project n 11. Will project require relocation of any projects or facilities? ❑Yes l3No If yes, explain 12. Is surface liquid waste disposal involved? Oyes ONO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Oyes DNo Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes QNo Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes f>allo 16. Will the project generate solid waste? OYes ®No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ONO c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ONO . e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes ®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? OYes ONO 19. Will project routinely produce odors (more than one hour per day)? ❑Yes UNO 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes ONO 21. Will project result in an increase in energy use? ❑Yes ONO If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity. gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve local, State or Federal funding? ®Yes ONo If Yes, explain Tnwn pnu — 4 2S. Approvals Required: Submittal Type Date City, Town, Village Board OYes ONO D8p City, Town, Village Planning Board UYes ONO Town City, Town Zoning Board OYes QNo City, County Health Department ®Yes ONO Rrnhd i cri Sinn Other Local Agencies OYes KINo Other Regional Agencies Dyes ZINO State Agencies OYes iDNo Federal Agencies OYes ]ENO C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ®Yes ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AC 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Approximately 28 4. _What is the proposed zoning of the site? Na r->,ang S. 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? jaYes ONO 7. What are the predominant land use(s) and zoning classifications within a r/. mile radius of proposed action? agricultural/residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a r/ mile? ®Yes ONO 9. If the proposed action is the subdivision of land[ how many lots are proposed? 5 a. What is the minimum lot size proposed? 1 . 5 acres 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ONO 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes ®No a. If yes, is existing capacity sufficient to handle projected demand? Dyes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes ZINO a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONO D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E Verification 1 certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name /"& P9 S4? Vn Date 3 Signature Title ✓ If the action is in the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment. 5 * * * RECEIPT * * * Date: Receipt#: 276 Transaction(s): Reference Subtotal 1 1 Park& Playground 84-4-6.1 $10,500.00 Total Paid: $10,500.00 ppq Southold Town Plannin Board w�< I Name: Dubner, Steven 140 Half Hollow Road Dix Hills, NY 11746 Clerk ID: MAILING ADDRESS: PLANNING BOARD MEMBER • P.O. Box 1179 JERILYN B.WOODHOUSE %o�1OF SOSouthold, NY 11971 Chair Uryolo OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR G Q54375 State Route 25 GEORGE D.SOLOMON �, �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCouffm a1 Southold, NY R1, Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECE1IV�D APR 2 n 2^ To: Elizabeth Neville, Town Clerk SoaflRs.,;_, From: Planning Department T( ,. Clerk Date: April 20, 2006 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Dubner, Steven Conserv. Sub. 84-4-6.1 $10,500.00 276 P & PFee ck enc(s). Town of Southold - Letter Board Meeting of June 20, 2006 RESOLUTION 2006-559 Item # 29 ADOPTED DOC ID: 1951 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2006-559 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 20,2006: RESOLVED that the Town Board of the Town of Southold hereby accepts the Certificate of Deposit#5200009277, in the amount of$34,185.00, from Steven Dubner for the proposed clustered Conservation Subdivision, based on the Southold Town Planning Board's recommendation, dated June 14, 2006. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER:Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. N �aFrNiS Y y ' 1 Generated June 23, 2006 Page 51 MAILING ADDRESS: PLANNING BOARD MEMBER • P.O. Box 1179 JERILYN B.WOODHOUSE �OF SOUT,yolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D.SOLOMON �O (car. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND ��y , Southold, NY CommI'11, `f•" Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2006 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Clustered Conservation Subdivision for Steven Dubner Located on the s/s/o County Road 48 and the a/s/o Cox's Lane, approximately 1,320' west of Bridge Lane, in Cutchogue SCTM#s1000-84-4-6.1 Zone A-C Dear Ms. Neville: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 12, 2006: RESOLVED, that the Southold Town Planning Board accepts the Certificate of Deposit #5200009277 in the amount of$34,185 and recommends same to the Town Board. Please add this item to the June 20`h Town Board Meeting Agenda. If you have any questions regarding the above, please contact this office. Very trulou s, Anthony rezza Senior Planner Encl. �i if THE BRIDGE GROUP • • Bridgehampton National Bank 549'0 Main Road P.O. sox 1567 Southold,� 11971� Tel (631) 766 5-1500 Fax(631) 765-1605 ww�v.bridgenbxom April 25, 2006 Mr. Anthony T;6 7/czza Ice ofe Engineer Q I Gn n.n 'I3 /d To Southold Sq 3 ije Cox e Cutcho ue, NY S6UM°id Dear Anthony, Please be advised that we have placed a hold on CD#5200009277 in the amount of$34,185.00. The CD is in the name of Steven Dubner. A hold will remain on the Certificate of Deposit until we receive written notification from an authorized representative of the Town of Southold. Very truly yours, �� . Na�icy�IVlesser � Agreed: Steven Dubner Town of Southold Acknowledged: Anthony Tr a -77-eZZ4 � rwrm.m^r -T^4lP gYI11lWM'�IIM'�'e �.W i �j JUN 13 2006 Certificate Inquiry 0 0 Pagel of 2 Certificate 520009277 - STEVEN DUBNER J Rel Birthdate Phone Tax Identification [01] STEVEN DUBNER P Nov 23, [HI 777-1800 SSN 056-34-2154 1942 140 HALF HOLLOW RD DIX HILLS NY 11746 Tax Name: [1] STEVEN DUBNER Account Classification Portfolio: 140911 Responsibility Code: [35] Janet Oddo Product: [50350] REGULAR 1 YR OR Account Type Code: 101 LESS Accounting Branch: [1) Main Office Warnings Funds Held: $34185.00 Account Maintenance Since Last Update Summary Memo Balance: $0.00 Term: 365 Days Current Balance: $34,185.00 Maturity Date: Mar 30, 2007 Interest Balance: $180.76 Last Anniversary Mar 30, $34,185.00 2006: Redemption Amount: $34,133.36 Last Deposit Mar 30, 2006: $34,185.00 Forfeiture: $232.40 Original Issue Date: Mar 30, 2006 Current Rate: 2.7500% Memo Balances Current Balance: $34,185.00 Less Holds: ($34,185.00) Memo Ledger Balance: $0.00 Holds Amount Reason Expiration Date $34,185.00 HELD AS COLLATERAL-SOUTHOLD TOWN Mar 30, 2007 Interest Current Accrued Interest: $180.76 Current Rate: 2.7500% Date Accrued Through: Jun 07, 2006 Current Effective Rate: 2.7571% Date Next Interest: Mar 29, 2007 Deposit Rate Index: [451 365DAY/13-17MONTH CD Interest Payment Frequency: At Maturity Compounding Code: Daily Interest Payment Method: Compound Reg DO Compound Interest Frequency Frequency: Days Into This Period: 70 Interest Method: [0] Date of Deposit-365/365 Previous Accrued Interest: $178.17 Interest Reporting Code: 1099-INT Net Interest Adjustment: $0.00 Withholding Code: No Withholding Interest This Period: $0.00 Rate Change Frequency: At Maturity Total Days This Period: 365 Rate Change Method: [B] Variable Rate Base Rate: 2.7500% Maturity Rate Method: Current Rate Maturity Date: Mar 30, 2007 Interest Cycle Rates Mar 30, 2006 2.7500% http://navigator.iti.fiservne.net/COD_COD 1151/COD 1151.aspx?Action=BALANCES&X... 6/8/2006 r This Certificate STEVEN DUBNER Certificate Number 520009277 Evidences A SSN/TIN 056-34-2154 Deposit In The 140 HALF HOLLOW RD Name(s)Of: D/O/B 11/23/1942 Account Number 520009277 Date 03/30/2006 In The Amount Of Thirty-four Thousand One Hundred Eighty-five And 00/100 dollars $34185.00 ACCOUNT TYPE AND TERMS-Only the boxes that are checked and the lines that are filled in apply. Term(Initial)365 Days O Day Minimum Notice E-1 Single Maturity ®Automatically Renewable Maturity Date(First) 03/30/2007 ®Fixed Rate OMin, Balance Req. $ Interest Rate(Initial)2.7500 % LAVariable Rate: Initial Index Rate % Maximum Rate % Compounded Minimum Rate % First Adjustment Date Interest Calculated 365 /365 Adjustment Frequency No. Endorsements Required For Withdrawal 1 Rate Formula Interest Paid At Maturity (a) MBy BRIDGEHAMPTON NATIONAL BANK (b) OBy Deposit To Acct. No. 2200 MONTAUK HWY - BOX 30 BRIDGEHAMPT N, .Y. 119 BY <� GENERALLY: "We" and "us" means the financial institution. "You' We may terminate this account by written notice to you of our and "your" means the depositor(s). "Certificate" means both this intention to do so, mailed (or otherwise delivered in person) not less original instrument as well as the deposit it shows. This certificate (and than days before the termination date, and no interest will accrue the account it represents) or minimum notice account may not be after the terrriinalion date. transferred or assigned without our prior written consent and is not negotiable. VARIABLE INTEREST RATE: Your deposit will earn interest at the SINGLE MATURITY: If the single maturity box is checked, you initial interest rate stated on this certificate to the first adjustment date. should present this certificate promptly at maturity for payment. Then, and on each succeeding adjustment date, the rate this certificate Interest Owill Owill not accrue after maturity. will earn is subject to be increased or decreased according to the formula described on this certificate. The rate will remain the same AUTOMATIC RENEWALS: If the automatic renewal box is checked, between interest adjustment dates. this certificate will be automatically renewed after the stated maturity If the "first aUlustment date" is phrased in terms of "index change" date for successive terms, each equal to the original term. The interest this means the first adjustment date and the rate adjustment frequency rate will be the same we offer on new certificates on the maturity date after the first adjustment date are not regularly scheduled. In this case, which have the same term, minimum balance (if any) and other features th rate this certificate will earn will be adjusted any time the "index" as this original certificate. You may call us on or shortly before the The interest rate we will pay on this certificate will not, however, be maturity date and we will tell you what the interest rate will be for the nater than the stated maximum rate if an or be less than the stated next renewal term. g ( Y> The automatic renewal of this certificate may be prevented if one of minimum rate(if any) regardless of changes m the index rate. the following things happens: COMPOUNDING: The compounding frequency and interest (1)This certificate is personally presented for payment on a maturity calculation method will not change during the term of the certificate, regardless of adjustments to the interest rate, until we give reasonable date or within days after the maturity date; or notice to you of such change. (2)We receive written notice from you before a maturity date of their DEFINED DAY MINIMUM NOTICE ACCOUNT: If we have intention to cash in this certificate. specified a number of days and checked the minimum notice box, then this account has no definite maturity date. To withdraw all or any YOUR DEPOSIT E]WILL 0 WILL NOT EARN INTEREST portion of the account balance without penalty, you must give us notice AFTER FINAL MATURITY. of your intention to withdraw funds from this account. We must actually receive the notice at least the minimum number of days stated above Endorsements(Sign only when requesting withdrawal): before you may make a withdrawal. Your notice may be in writing or by such other means as we may permit, and must specify the amount and x date of intended withdrawal. Interest Mwill Owill no longer accrue after the withdrawal date specified in your notice, on that portion of the x account balance then available for withdrawal. If any withdrawal reduces the account balance below the "minimum Q4dditions to Single Maturity and Automatically Renewable balance required," the remaining balance in the account will earn Accounts (check one): interest at the annual rate of % until the account balance OYour addition must remain on deposit for a period of time which again equals or exceeds the "minimum balance required." is not less than the original term of this certificate. This means L-Additions: If checked, you may make additions to this account in an that your next (and each succeeding) maturity date will be thedate which follows the date of the addition by a period of time amount equal to or greater than$ at equal to the original term of this account. any time. OYour addition must remain on deposit for a period of time which Qldditions To Minimum Notice Notice Accounts: An addition to a is not less than the original term of this certificate. This means minimum notice account will not be permitted if at the time of the that the first (but not succeeding) maturity date for the addition proposed addition, a request for withdrawal is pending whichwould, will be the second regularly scheduled maturity date following the within the minimum notice period following the proposed addition, date of the addition. Thereafter, all funds on deposit for the Period reduce the account balance below the minimum balance required. If time equal to at least the original term will have the this account has a minimum notice of at least seven and not more same maturity date. than 31 days, additional deposits must remain in this account for a f the addition will not extend the maturity of all, t any portion, o period equal to at least the notice period before such funds may be of the funds on deposit. Additions will earn interest from the date withdrawn without the imposition of an early withdrawal penalty. of deposit, and will mature at the same time as the first deposit. ©982, 1990 Bankers Systems,Inc.,St.Claud,NIN 11 800-397-23411 Form 7/31CDLAZNY 8/1/94 7131 CERTIFICATE OF DEPOSIT /page 1 of 1/ Submission Without a Cover Letter Sender: j ) O,1JIU lid Sl.� MIUZ41— Subject: SCTM#: 1000 - Date: 000 -Date: Comments: Vxu,�V--e --- JUN - 2006 : �f Date: 618106 To: Anthony Tress Pax: 7653136 From: Nancy Messer Phone: 5371001 X8123 Isere is the letter I sent you back in April again and we Changed the hold information to the Town of Southold as Marian Sumner indicated this morning. I will mail you the original letter(unless YOU want to pick it up at our office). There is no "original certificate", It's a book entry and I'm forwarding a print out of it. cc:Holliday Burd fax;777 1806 Marian Sumner 2040711 JUN --& 2006 J Souktotd b/l 'd THE MAGE Mour wol Bridgehampton National Bank 54970 Alain Road ao box 156 . SourbokA,A'Y 11971 Tel (631)'65.1500 Fax(631)765-1605 www..bridgenhemn April 25,2006 Mr.Anthony Tresa Office of the Engineer Town of Southold Cox Lane Cutchogue,NY Dear Anthony, Please be advised that we have placed a hold on CD#520000927,7 in the amount of S34,1 85.00. The CD is in the name of Steven Dubner. A hold will remain on the Certificate of Deposit until we receive written notification from an authorized representative of the Totem of Southold. Very truly yours, Na�ev� esser Agreed: Steven Dubner Town of Southold Acknowledged: Anthony Tresa �/Z 'd Sb9C �^! yNy9 ��1'lvYN3�Gih'8 lh'�b�; � l '� 900? fi trertlncate inquiry Page 1 oft Certificate 520009277 - STEVEN DUBNER Rol Birthdate Phone Tax Identification [,0�] ST YEN D re ER P Nov 21., [H] 777-1800 SSN 056.34-2154 140 HALF HOLLOW RD 1942 DIX HILLS NY 11746 Tax Name: [1] STEVEN DUBNER Account Classification Portfolio: 440411 Responsibility Code: [35]Janet Oddo Product: [503501 REGULAR 1 YR OR Account Type Code: [D] LESS Accounting Branch: [1] Main Office Warnings FyOtls Held: 534 1149.00 Account Maintenance Sl4ce Last Update Summary Memo Balance: $0.00 Term: 365 Days Current Balance: $34,185.00 Maturey Date; Mar 30,2001 Interest Balance: $180.75 Last Anniversary Mar 30, $34,185.00 2006: Redemption Amount: $34,133.36 Last Deposit Mar 30,2006: $34,'85.00 iForfeiture: $2$2.40 Original Issue Date: Mar 30,2006 Current Rete: 2.7500% Memo Balances _ Current Balance; $34,185.00 Less Holds. ($34,185.00) Memo Ledger Balance: $0.00 [Hol:ds �Amount Reason Fxplration Date $34,185.00 HELD AS COLLATERAL-SOUTHOLD TOWN _ _ Mar 30, 2007 Interest —~ Current Accrued Interest: $180.76 Current Rate: 2.75004'c Date Accrued Through: Sun 07, 1006 Current Effective Rate: 2.7571% Date Next Interest: Mar 29, 2007 Deposit Rate index: [45] 365DAY,113-17MONTH Interest Payment Frequency: .At Maturity CompoundingCode: CD Daily Interest Payment Method: Compound Reg DD Compound Interest Frequency Frequency; Days Into This Perlcd: 70 Interest Method; [0] Date of Deposit-365;365 Previous Accrued Interest $178.17 Interest Reporting Code: 1099:NT I Net Interest Adjustment: I $D.00 Withholding code: No W3hnolding Interest This period: $0.00 Rate Change Frequency: At Maturity Total Days This Period: 365 Rate Change Method; r ,B]Variable Rate Base Rate: 2.7500% Maturity Rate Method: Current Rate Maturltv Data Ma-30, 2007 Interest Cycle Rates Mar 30,2706 2.7500% httpllnavioato*if; fivP-Vne.net/COD COD1151/COD115' �ryC„ r b/E d bw 'ON — CNH . NO_A!,VH h9'H8 �t( 1 1 19 8 Thi,Ca d&,te STEVEN OVBNER 520009277 '1 Evidemses A Certificate.•cumber SS';/TIN 066-34-27 64 i Na me((a&)OF p/Ui$eeIn The 740 HALF HOLLOW RD 11/23ti 942. —`- I Na Account Number 520009277 Date 03'8012008 in The Amount a7hirry-four Thouaa U One Huno etl Ek ghty-siva And 00/100 dollar$34195.00 ACCOUNT TYPE AND TERMS-Only Oce boxes that are checked and the.,lines that are filled in apply, Term Qnitjal)388 Days MtttcHty Date(First) 0 313 012 00 7 [::L—(�FDay Minimum NOrce JSngie Maturity [30Aulematicalty Rtruwable ixedRate DMin.BalanceReq. $_ Interest Rate(initial)2.7500 OVarlable Race:Initial Index Rate Compounded �7ri Maximum Rata Minimum Rate %First.fid ushnent hate Interest Calculated 365 /365 ,Adlustmen[Frequency , No.Fndorsemema Required For Withdrawal 1 Rue Formula Interest paid At Maturity _ (a) 1]By EHIDGERAMPTON NATIONAL BANK. (b)1J$y Deposit To Acct.No, 2200 MONTAUK HW'(-B"30 g--) 9F1IDGrHAMPT N,�j,v. 119 $YGENERALLY. "We""We" and "era" means the financial institution ^You° we may terminate this aceoumt by written. noire to you of aur and 'youe means the delmitor(s). "Certificate' means both this intention to do m, mailed (or odlerwrse delranr lr person) net less arigital insuric it re re well as the dlaposit it chows. This certifiate (mad then^-days before the termination date,and no interest wilt accrue the account it represents) or mmmum notice wcoum may not be after the termination date. transferred or asmgned negotiable, wuDOW our prior written consent and is not VARIABLE INTEREST WE: Your deposit will earn interest at the SINGLE MATURITY: If the single rmcuri:v box is choked, you initial inerts[rate stated Oa this certificate to the fust adjustment date. should Present this ccnIticate promptly at maturity for pay�ment- Ther. and on each succeiii adjustment date, the rate Us certificate Interest Jwill Owinmt scent,after matulity. Will �n is aub'ect to be increased or decreased according to the formula interest os this dates. e. The rate will remain 1pe same AUTOMATIC RFNEWALS: If me automatic renewal box is checked, between iMacs[adjustment daces. this anificate will be automatically renewed after the stated apngity cked the fthe fret aidiustment dace and charased t rate�e'ustmenof ntt F ohacge" deft for successive terms, each equal tc the original term. The inters st atter the first o -ustment date are not regularly u � °� rare will be the same we (I on how cmOfcatea on the maturity date the rate this c"tifiiae will earn will badjuted any time the thiuses which have 010 same Lemn, minimum balance (if any) and other features chsnBes. as this original certificate. You may call as on or shortly before the The ia[ereat rate we will pav on this cert±IB)eale will nolo-however, be mfldmily dace's the will tell you what the interest rate will be for the mMiaitnw rate if any)regardless of d f1calkimain chanes in the inor dexrate.rate 0 the stated next ewal term. au ohm is renewal of 11%certificate may be prevented if Ong cf COMPOUNDING: o cemtpoundnng frequency and interest the following tbir happens- calculation method will tot citatticc during the term of thecanificate, (1)This certificate is personally presented for payment on a maturity regardless of adjustments to the interest rate, until we give reascneble date or within`days after the maturity date;or reties to you of such c_hs�ntge�, (2)We receive written notice from you before a maturity date of their DEFINED DAY IIUV1MiTM NOTICE ACCOUNT: If we have intention to cash in this certificate. medfied a number of d yya and checked the minimum notice box, Oren s account has no definite maturity dace. To withdraw all or aaY YOUR DEPOSIT LJ W7LL J WILL NOT EARN INTEREST portion of the account balance without penalty,you most give us notice AFTER FINAL MATURITY, of your lineation to withdraw funds from this account. We mut actually receive the 11012011 at least the minimum number of days sorted above — before you my make a withdrawal. Your notice IaYtdorsamints(Sign Only when r such other means as we may permit, and roust tM ce th writinaer by etrycsring wryWdrawal): apai[y the ammmt and z date of intended withdrawal. Interest Jwill C3will no longer accrue —` after Olt withdrawal date fieri in your notice, on that portion of the ance thea ' aced tut balfor withdrawal, x- If any withdrawal tedtrces the account balance below the "minimum -_ balance required., the remaining balance in Lire account will cam Accounts to Single Ivfacurlty and Automatically Rrtrewable ts(check one): interest at the annual rate of % until the account balance Oyour addition must remain on d again equals or exceeds the"miatmum balance required, ,posit for a period of[laic which N is net leas than the original term of this certificate, Thin means Eaddittom: It checked, you may mitt additions to this account in an than your next (and each succeeding) maturity date will be the amount equal to or greater than$ date which follows the date of the addition by a period of time Any time, at equal to the original term of this account, J'#dtitfons To Minimum ]Notice Atxottnta: An addition to a JYour addition must remain on deposit for a period of time which is not less than the original term of this certificate, This mans minimum notice account will not be permitted if at the time of ntt dmr the fust (but not succeeding) maturity date for the addition PeOPOsed addition, a request tar withdrawal is pending which would, will be the second regularly scheduled maturity date following the Within the minimum notice period following the propoaeQ addition, date of the addition. Thereafter, all funis on deposit for the esthete the account balance below tae minimum balance required, If period of time eVW to at least the original term will have the this account has a nuaimmn notice Of at least say= and not more same maturity dam. than 31 days, additionl deposits must remain in this account for a JYom addition will net extend the maturity of all,or any portion, period equal to at least the notice perlOd before such funds may be of die funds on deposit. Additions will rarer interest from the data withdrawn without the imposition of an early withdrawal penalty, of deposit,and will mature an the as=time as the tint deposit. 0952. 1990 ami l ::SyN ma,In<„So(I MN ry.ac0.397-23[1I Form 7131cou2 Nv 110 15:1 71.1,11.--YE p MVN NO-' -t4f1�L'i�. GF t�� �h it q±J')Z 6 p0�4 of II Or/2412006 12:10 6312040711 PE.'ONI CLANDTRUSTINC PAGE 01/03 • � A PECONIC LAND TRUST 296 Hampton Road-PO Box 1776- Southampton,NY 11969 Phone! (631) 283-3195 Fax: (631) 204.0711 Wimp uniclandtruscotg FAX UTANWESXON COVER SHEEZ DATE: 7/2`Mc)(0 FROM: Maul ca-v-\ vYl�✓ J FAX NO: �-// 5" :�t- NUMBER OF PAGES INCLUDING THIS COVER SHEET: MESSAGE: �p D E c D U E MAYD � 2 4 2006 Southolh evn PlaanirP hoard PEcoNIC i SND TRUST—PROTECT OUR HERITAGE IF YOU DO NOT RF,CRIVE.N.I.OF':'Hli PA06S INDICATED,P'f.'a'XB CAL[,AS FOON AS FOMBLC AT TI15 NUMBER R.SFBRENC„I:D ABO\TT, THIS TRANSMfSBTON CON'I'A:NS INFORMATION TT-TAT IS CONMI)I7 NTIA7. AND/OR I.EGA1.I:f PRIVILEGED. IT IS INIBNDCD ROR UM ONLY BY YHF PERSON 'Ib WITOM IT IS DIRECTED. IF YOU RAVE RR.rEIVED THIS 1'ELLCOPYIN MRQR,PI.R.ASE NOTrnY USBY'CELEPI•iONL IMMLDIATI.IN SOTHATWF C\N hRItANGE FOR THE RZI'URN OF 1".-IG DCxa'MI;NTS TO US A'1'NO CO51'PO YOU. USi'c 412046 1?:i0 03/2040111 PEC HICLANDTRLSTINC PACE 03103 05/111�2200E 12:06 6317006 STEVEN DLJF Ei L* PAGEffi Prim A rbu A V• + Ca PtN catte 52000HaT'7-STEVEN 0U#NER Rel afr MNO Phone tax IdurtlRoadon [011 SS:VEN CL'SNER A NOY 23, [Ma 777-1800 5514 056,14-2.154 1843 140 HALF HOLLOW RD DIX MILLS hY 11746 Taw Name: 111 S-Mkl OUSNER AcvMdll t Ckide flW 0090 Patroliv: 7.40941 Responeibifity Code: [35]7anst060 ROduttl C503501 MULAR I YR OR Account TYpe Cede: 101 LM Aanunnnq Breese: (11 Main OfBte Slummafy Memo Balance: $G.CO Tenn: 365 pays Currenteaianee: 434,i83.oO Meounty Date: Mar 30,2007 InWft Balance: $10834 Last Annfvdrsary Mar 30, $34,183.a0 2009: Redemption Aatadect $mhos3J0 Last Deposit Mor 317,2006: $34,L85,00 Forrelvrs: !282.'16 Original I:mtte Date: MAP 30,20DO Current Rate: 2.7500% NORM malanicat Cbtlent Boloricat y34,185,00 Las Molds: ($34,1iI5.00) memo Ledger aalente! �oAO iletOC ♦moats Oxman f w1rotion Date $34,185.00 4"AS CO"ATERAL,PECDNIC LANDING 11RUST Mar 30,2007 SMe7esf Cunant Accrued intereptf ¢.08.34 Current Race; 2.7500% 08%Aacruad ThIbUOh: M4y 10,20M Ctntem Effectiva Rater 2.7542% Data Neah lnte!eat; Mar 29,2007 0opeot Kota Index: (451 36MAY/13.77MONTH CO interest Payment Frequency: At Maturity Compoundng Code+ Dally, Interest Payment Method: Compound Reg DO Compound Interest crenuency FAdwev Daya Tnte Th14 Period: 42 Intetaat Me*wd: (01 Geta of Oapoilt-365/365 Provisos Acr ed Intowt: 51.05.76 Interest Repertl%Code: 10".Nr Noe tfftTwt Wi otmMnt: #0,00 vath"4119 Code: No Withholding Interest This Period: ;10,00 RAta Change FryuanCy: At MaW lty -eta?Days 1Ws Paelad: 305 Rale Change Method: 191 Variable Rate Base Rate: 2.750o% Ma4ait'y Rate Matned: 111 TM Rate Matirlty Deto: Mer So,7,007 Interest Cycle Rat" Mar 3D,2006 2.7500% tkp 'i-;'riga"~ jw,14ulvne.na*'COD COb7lit/COD1191.A5PX?Acton-OUICICPRINT... 511112006 Z d SlJ eN 1'1475 NO:dW4NDweo fivorI '� g00% :I 'AAV� LI 5i 14!2[,45 11:10 b312040711 PECDd I CLANDTRUST INC PAGE 02/03 61111e2906 IZ;05 6317 j&Nb STEVEN DUPU LAW PAGE a3 °""lalalllla BfidgehatoptanNationalBank $070 Main Road PQ X=1567 Sontb0kl,NY 11971 M (651)761.1507 20(631)765.1605 vmw,bddgmb.c= April 25,2006 Mr.Atony Txeea Oflsrx of the Engine"• To,A.,of Southold COX Low Cutchogue,NY Doer A.ntisony, please be advised that we have placod ahold on C)#5700009277 in the amouot 7f$34,185.00. The CD is in the name of Stevea Dobner. A hold will roWn on the Certificate afDgmit undl we receivr wrlttoll notlflcatiou$o1u an autllotiaed represeatffavg of the Tower of Sollthold. Very truly yours, Nalrcy�� Affned; Stclmn Dubber Town at Southold Acknowledged: �onp Tnsa c � ��� ��� �N�a �cla,�aHa�ainu �v.� 11 ,oaz �•l •Ropy • a '17- p E oar 1 MAY 15 2006 1 D Southold Town s Planni Board d 661.0 'ON }Nt8 Nj'_cW'Vr OiClk dlra^?.S y1.. Gl neJy THE NOGE GW r® Road Bridgehampton National Bank poi o blain . EU.Box 155' Tel f631)hold,NY 11971 Tel (,631) 765.1506 Fax(631) 765-1605 n*wa,bndgerb.com April 25,2006 Mr.Anthony Tresa Office of the Engineer Town of Southold Cox Lane Cutchogue,NY Dear Anthony, Please be advised that we have placed a hold on CD#5200009277 in the amount of$34,185,00. The CD is in the name of Steven Dubner. A hold will remain on the Certificate of Deposit until we receive written notification from an authorized representative of the To'Am of Southold. Very truly yours, p Nahcy�Nlesser Agreed: Steven Dubner Town of Southold Acknowledged: Anthony Tresa 6616 '�N M'Nt6 'd01c4k'i' 3 i`i9 #vv;7 • • 1T THE BRIDGE GROUP Bridgehampton National Bank 54970 Main Road P.O. Box 1567 Southold, NY 11971 �A Tel (631) 765-1500 OAFA r-W Fax(631) 765-1605 NAROPW www.bridgenbxont April 25, 2006 Mr. Anthony Tresa Office of the Engineer Town of Southold Cox Lane Cutchogue, NY Dear Anthony, Please be advised that we have placed a hold on CD#5200009277 in the amount of$34,185.00. The CD is in the name of Steven Dubner. A hold will remain on the Certificate of Deposit until we receive written notification from an authorized representative of the Town of Southold. Very truly yours, Nahc, esser Agreed: Steven Dubner Town of Southold Acknowledged: Anthony Tresa ! i JUN 1 c: 2006 f ,msµ@ „.- ..-._._...: _..L....:.__... ...,.._.�_l '^Wv. nP:rvva;lAvi+.++aenwnr�..a.a�vw•ernxvnMwJfW4'"e'N' Y This Certificate STEVEN DUBNER Certificate Number 520009277 Evidences A SSN/TIN056-34-2154 Deposit In The 140 HALF HOLLOW RD D/O/B 11/23/1942 Name(s)Of: 520009277 Account Number Date 03/30/2006 In The Amount Of Thirty-four Thousand One Hundred Eighty-five And 00/100 dollars$34185.00 ACCOUNT TYPE AND TERMS-Only the boxes that are checked and the lines that are filled in apply. Term(Initial)365 Days O Day Minimum Notice EDSingle Maturity ®Automatically Renewable Maturity Date(First) 03/30/2007 ®Fixed Rate E:1 Min. Balance Req. $ Interest Rate(Initial)2.7500 % Qyariable Rate: Initial Index Rate % Maximum Rate % Compounded Minimum Rate % First Adjustment Date Interest Calculated 365 /365 Adjustment Frequency No. Endorsements Required For Withdrawal 1 Rate Formula Interest Paid At Maturity (a) E-DBy BRIDGEHAMPTON NATIONAL BANK (b) OBy Deposit To Acct. No. 2200 MONTAUK HWY - BOX 30 BRIDGEHAMPT N, Y. 119 BY �� GENERALLY: "We" and "us" means the financial institution. "You" We may terminate this account by written notice to you of our and "your" means the depositor(s). "Certificate" means both this Intention to do so, mailed (or otherwise delivered in person) not less original Instrument as well as the deposit it shows. This certificate (and than days before the termination date, and no interest will accrue the account it represents) or minimum notice account may not be after the termination date. transferred or assigned without our prior written consent and is not negotiable. VARIABLE INTEREST RATE: Your deposit will earn interest at the SINGLE MATURITY: If the single maturity box is checked, you initial interest rate stated on this certificate to the first adjustment date. should present this certificate promptly at maturity for payment. Then, and on each succeeding adjustment date, the rate this certificate Interest Owill [::)will not accrue after maturity. will earn is subject to be Increased or decreased according to the formula described on this certificate. The rate will remain the same AUTOMATIC RENEWALS: If the automatic renewal box is checked, between interest adjustment dates. this certificate will be automatically renewed after the stated maturity If the "first adjustment date" is phrased in terms of "index change" date for successive terms, each equal to the original term. The interest this means the first adjustment date and the rate adjustment frequency rate will be the same we offer on new certificates on the maturity date after the first adjustment date are not regularly scheduled. In this case, which have the same term, minimum balance (if any) and other features the changes.this certificate will earn will be adjusted any time the "index" as this original certificate. You may call us on or shortly before the The interest rate we will pay on this certificate will not, however, be maturity date and we will tell you what the interest rate will be for the greater than the stated maximum rate (if an ) or be less than the stated next renewal term. minimum rate(if any)regardless of changes In the index rate. The automatic renewal of this certificate may be prevented if one of COMPOUNDING: The compounding frequency andinterest the following things happens: calculation method will not change during the term of the certificate, (I)This certificate Is personally presented for payment on a maturity regardless of adjustments to the Interest rate, until we give reasonable date or within days after the maturity date; or nonce to you of such change. (2)We receive written notice from you before a maturity date of their DEFINED DAY MINIMUM NOTICE ACCOUNT: If we have intention to cash in this certificate. sppecified a number of days and checked the minimum notice box, then t11is account has no definite maturity date. To withdraw all or any YOUR DEPOSIT 0 WILL 0 WILL NOT EARN INTEREST portion of the account balance without penalty, you must give us notice AFTER FINAL MATURITY. of your intention to withdraw funds from this account. We must actually receive the notice at least the minimum number of days stated above Endorsements(Sign only when requesting withdrawal): before you may make a withdrawal. Your notice may be In writing or by such other means as we may permit, and must specify the amount and x dale of intended withdrawal. Interest twill Owill no longer accrue after the withdrawal date specified in your notice, on that portion of the x account balance then available for withdrawal. If any withdrawal reduces the account balance below the "minimum OAdditimts to Single Maturity and Automatically Renewable balance required," the remaining balance in the account will earn Accounts (check one): interest at the annual rate of % until the account balance Four addition must remain on deposit for a period of time which again equals or exceeds the "minimum balance required." is not less than the original term of this certificate. This means Qldditions: If checked, you may make additions to this account in an that your next (and each succeeding) maturity date will be the date which follows the date of the addition by a period of time amount equal to or greater than$ at equal to the original term of this account. any time. Your addition must remain on deposit for a period of time which L-Additions To Minimum Notice Accounts: An addition to a is not less than the original tern of this certificate. This means minimum notice account will not be permitted if at the time of the that the first (but not succeeding) maturity date for the addition proposed addition, a request for withdrawal is pending which would, will be the second regularly scheduled maturity date following the within the minimum notice period following the proposed addition, date of the addition. Thereafter, all funds on deposit for the reduce the account balance below the minimum balance required. If period of time equal to at least the original term will have thesame maturity date. this account has a minimum notice of at least seven and not more [--]Your addition will not extend the maturity of all, or any portion, than 31 days, additional deposits must remain in this account for a of the funds on deposit. Additions will earn interest from the date period equal to at least the notice period before such funds may be of deposit, and will mature at the same time as the first deposit. withdrawn without the imposition of an early withdrawal penalty. C7982. 1990 Bankers Systems,Inc_St.Cloud,MIN/1800-397-2341) Form 7/31CDLAZ-NY 8/1/94 7/31 CERTIFICATE OF DEPOSIT /page 1 0/11 Certificate Inquiry • • Page 1 of 2 Certificate 520009277 - STEVEN DUBNER a Rel Birthdate Phone Tax Identification [011 STEVEN DUBNER P Nov 23, [H] 777-1800 SSN 056-34-2154 1942 140 HALF HOLLOW RD DIX HILLS NY 11746 Tax Name: [1] STEVEN DUBNER Account Classification Portfolio: 140911_ Responsibility Code: [35] Janet Oddo Product: [50350] REGULAR 1 YR OR Account Type Code: [0] LESS Accounting Branch: [1] Main Office Warnings Funds Held: $34.185 00 Account Maintenance Since Last Update Summary Memo Balance: $0.00 Term: 365 Days Current Balance: $34,185.00 Maturity Date: Mar 30, 2007 Interest Balance: $180.76 Last Anniversary Mar 30, $34,185.00 2006: Redemption Amount: $34,133.36 Last Deposit Mar 30, 2006: $34,185.00 Forfeiture: $232.40 Original Issue Date: Mar 30, 2006 Current Rate: 2.75009% Memo Balances Current Balance: $34,185.00 Less Holds: ($34,185.00) Memo Ledger Balance: $0.00 Holds Amount Reason Expiration Date $34,185.00 HELD AS COLLATERAL-SOUTHOLD TOWN Mar 30, 2007 Interest Current Accrued Interest: $180.76 Current Rate: 2.7500% Date Accrued Through: Jun 07, 2006 Current Effective Rate: 2.7571% Date Next Interest: Mar 29, 2007 Deposit Rate Index: [45] 365DAY/13-17MONTH CD Interest Payment Frequency: At Maturity Compounding Code: Daily Interest Payment Method: Compound Reg DD Compound Interest Frequency Frequency: Days Into This Period: 70 Interest Method: [0] Date of Deposit-365/365 Previous Accrued Interest: $178.17 Interest Reporting Code: 1099-INT Net Interest Adjustment: $0.00 Withholding Code: No Withholding Interest This Period: $0.00 Rate Change Frequency: At Maturity Total Days This Period: - 365 Rate Change Method: [B] Variable Rate Base Rate: 2.7500% Maturity Rate Method: Current Rate Maturity Date: Mar 30, 2007 Interest Cycle Rates Mar 30, 2006 2.7500% http://navigator.iti.fiservne.net/COD—CODI 15 VCOD 1151.aspx?Action=13ALANCES&X... 6/8/2006 STEVEN DUBNER r' 4 S� g �✓ VENDOR NO: NAME WN OF SOUTHOLD CHECK DATE: Apr 11 06 276 REFERENCE NUMBER INVOICE DATE GROSS AMOUNT DISCOUNT TAKEN NET AMOUNT PAID p`ypr"°eob ,.500 . 00 0 . 00 10 , 500 . 00 TN£FIRST NATIONAL 276 6ANK OF LONG ISLAND STEVEN DUI$NER WaoD500uR332141 1797 000000000276 140 HALF HOLLOW ROAD.. DIX HILLS,NY 11746 DATE Apr 11 2006 AMOUNT o $10 , 500 . 00 e PAY *************** Ten Thousand Five Hundred and 00/100 **************** L m TO THE i ORDER IOF TOWN OF SOUTHOLDLe H - 1'00027611' 1:0214113351:11.073009201u' Holliday�, Hurd Controller Steven Dubner Land f I A 140 Half Hollow Road, scapmg Inc. C / I•,p�,(� l S e,Y�. 631-777-1800 Oix Hills, NY 11746 Landsca ent CO -777-1806 pe Development ComFany MAILING ADDRESS: PLANNING BOARD MEMBE OF SOU,, P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0l Southold, NY 11971 Chair h Q OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON li{'COU,M'� Southold, NY 1111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 Ms. Marian Sumner Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Clustered Conservation Subdivision for Steven Dubner Located on the s/s/o County Road 48 and the a/s/o Cox's Lane, approximately 1,320'west of Bridge Lane, in Cutchogue SCTM#s1000-84-4-6.1 Zone A-C Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, December 12, 2005: WHEREAS, this proposal is for a clustered conservation subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.22 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.3 acres and Lot 5 equals 1.7 acres in the A-C Zoning District; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.22 acres (Lot 1); and WHEREAS, on September 13, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last revised September 5, 2003; and WHEREAS, on June 13, 2005, Southold Town Planning Board granted conditional final approval upon the plat prepared by John C. Ehlers, LS, dated as last revised May 24, 2005; and WHEREAS, in a letter dated December 6, 2005, the applicant has requested an extension of time in order to meet the conditions of conditional final approval; be it therefore RESOLVED, that the Planning Board grant an extension of time for conditional final plat approval effective from December 13, 2005 until June 13, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, enlyn B. oodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator 12/96!2665_16:X36 631204Et�11 PECONICLANDTRUSTINC PAGE 02/92 M - SVS r PECONIC LAID TRUST" November 30,2005 Honorable Jerilyn B. Woodhouse Town of Southold Planning Board 53095 Main Road PO Box 1.179 Southold,NY 11971 Re: Dubner Conservation Subdivision SCTM# : 1000-84-6.1 Dear Chairperson Woodhouse: On behalf of Steven Dubner, I am requesting an extension o'F the conditional final approval of the above-referenced project. We are working to resolve issues related to the Bond Estimate and anticipate that such will occur within the next several months. As you may know, with the exception of payment of the Park and Playground fee, as well as resolution of the Bond Estimate issue, all other conditions are met and your Department is in receipt of the Suffolk County Department of Health Services stamped inylars and paper maps. Thank you for your facilitation of this conservation project, If you need any additional in Formation,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs cc: Anthony Trezza 290 FfAMPTO!1 a7"I POST OFFSCE BOX 1776 1 BOUT It0.MP1'ON MEW YORK 119691 PHONE (1,;1)28;-3195 I'FAB (631)204-0771 �.pecoaiclaridtrus t.org 12/96/2085 16:96 63124349711 PECONICLANDTRI-6TINC PAGE 01/02 Pceonic Land Trust,Inc. PO Box 1776,296 Harvtcm Road Soalham mn,NY 11969 Pliom 631.263-3193 Fax;631-204-0711 old Ali �! lill9 ;I�Ili;'1 dls IV v;,I iki9Y I ,N' "pnal 1 I,r'NI1`_1ld calf �I I11fB!ol ,l i III nl„�{dn Nc 4+'A1;81n Ntl'P'�'Id�” iE1r Ij'111 j" � �� 11 I d) F �d '��61��I�I�;��I� �(i � 4 '���!�k'�?�i��i��i��l���d,l' � ! ��rll� 1 III I II Pr m !, To: Anthony Trezza From: Marian 5\lmner Fax: Date: 12-2-05 Phone: Payee: 2 Re: r CC: XLMgent E: or Review ❑Please Comment ❑Please Reply ❑Please Recyde 1), IIp dt (I' r e Ii4 C1� iI Ih , lil +If b, t II p , nl 1 ,. �I'al ti r'pd{tIN i1Y 1�r of � 4 t141r S ityI�I!� 1,:M ly {1 V IiI I� 2 P 6 I It Ai Submission Without a Cover Letter I Sender: Subj ect: SCTM#: 1000 - / NOV 16 2005 Date: Comments: 111 K\Ak 3� "�� � mss Submission Without a Cover Letter Sender: Mavtc2 Sum kp—v Subject: SCTM#: 1000 - g(f — Lt— � I Date: 10 A-7 Commen / � I � s �gUFFO(,�c /4T JOSHUA Y. HORTON �� � JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD �y • TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015 �'1 41 Tel.(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse September 30, 2005 Chairperson - Planning Board Town Hall, 53095 Main Road h Southold, New York 11971 ,1 I J ! I SEP 3 0 2005 Re: Conservation Subdivision of Steven Dubner SCTM#: 1000—84—04—6.1 Dear Mrs. Woodhouse: As per a request from your office, I have revised the Bond Estimate for the above referenced Project. The estimate has been modified to reflect a reduction in total number of street trees required from thirty six(36)to sixteen (16). In addition,the administration fee has been adjusted accordingly. Please note, I am aware that Planning Board can and often does make changes or modifications to Town Highway Code requirements for planning reasons that deal directly with"site specific" issues regarding subdivision construction. In an effort to expedite a bond estimate review, it would be helpful if your staff indicates all proposed code modifications in writing when the draft estimate is sent to my office for comment. This will also assist my office in the ability to coordinate with and gain approvals from the Highway Superintendent as needed or required. If you have any questions regarding this request, please contact my office. Sin e , Ja es A. Ri er, R.A. Enc: Bond Estimate CC: Peter Harris, Superintendent of ' ways Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator �gOFFOL c JOSHUA Y. HORTON hie ° JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD y. TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-90151 Q`' Tel.(631)-765-1560 4 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE Conservation Subdivision of Steven Dubner Cox's Lane, Cutchogue, NY SCTM#: 1000-84-04-6.1 DATE September 30,2005 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.4 ACRE CLEARING&GRUBBING $ 2,500.00 $ 1,000.00 2. 700 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 1,400.00 3. 2,000 S.Y. FINE GRADING 1.50 3,000.00 DRAINAGE 4. 4 EACH LEACHING POOL/CATCH BASINS (8' Diameter x 8' Deep W/C.I.Grate&Frame) 2,500.00 10,000.00 5. 40 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 1,000.00 SURFACING 6. 150 C.Y. 3/T BLUE STONE BLEND 40.00 6,000.00 7. 750 S.Y. TOPSOIL&SEED 5.00 3,750.00 8. 3 EACH STREET SIGNS 200.00 600.00 9. 16 EACH STREET TREES 250.00 4,000.00 10. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 1,500.0 BOND ESTIMATE TOTAL $ 32,250.00 +6%ADMINISTRATION FEE $ 1,935.00 TOTAL AMOUNT $ 34,185.00 L Li i SEP 3 0 2005 'i` ' • MAILING ADDRESS: PLANNING BOARD MEMBERS O f SOU P.O. Box 1179 JERILYN B.WOODHOUSE �0�� y�lO Southold, NY 11971 Chair l� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G C 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON l.('COU�ay Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Town Engineer From: Anthony Trezza, Sr. Planner Date: September 28, 2005 Re: Conservation Subdivision of Steven Dubner 1000- 84-4-6.1 The Planning Board reviewed the bond estimate for the above-referenced subdivision at their work session on September 26, 2005. The Board would like the bond estimate to be revised as follows: 1. As shown on the map, a total of 16 street trees are proposed, not 36 as provided for in the bond estimate. As a matter of policy, the Planning Board believes that a bond estimate should reflect the improvements that are to be made to a particular site. If street trees or street lights are being waived by the Planning Board for one reason or another, they should not be included in the bond estimate. Because this proposal is for a Conservation Subdivision and is close to obtaining final approval (conditional final approval has already been issued), anything you can do to get the revised bond estimate to this office as soon as possible will be greatly appreciated. If you have any questions, please feel free to contact this office. Cc: Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator �gUFF91 JOSHUA Y. HORTON � JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD y. TOWN OF SOUTHOLD,NEW YORK 11971 Fu. (631)-765-9015 � Tel.(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse SSP September 14, 2005 Chairperson - Planning Board ` Town Hall, 53095 Main Road Southold, New York 11971 Re: Conservation Subdivision of Steven Dubner SCTM #: 1000—84—04—6.1 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the amended Site Plan and Road & Drainage Plan for the above referenced project. Please consider the following: 1. The easement area for the proposed"Tee"shaped road end has been modified to provide a 25' turning radius on all inside corners. This plan is considered adequate for access by emergency vehicles and meets the minimum requirements for accessibility. 2. Drainage designs and installation details have been amended as per my last report and are considered satisfactory.The current road alignment,as indicated on the Site Plan,meets the minimum requirements of Town Code. 3. A Curb Cut detail has been indicated on the Road and Drainage Plan. This detail has been reviewed with the office of the Highway Superintendent and is considered satisfactory. 4. Has the applicant filed a Notice Of Intent (NOI)for compliance with the General Permit for Storm-water Runoff from Construction Activity(GP-02-01)? If you have any questions regarding this review, please contact my office. inc rely, ames A. Ri4hter Enc: `Bond Estimate cc: Peter Harris, (Superintendent of ighways) • �gUFFO(,�c JOSHUA Y. HORTON ��° � JAMES A. RICHTER, R.A. SUPERVISOR : ENGINEER TOWN HALL - 53095 MAIN ROAD Gy • TOWN OF SOUTHOLD,NEW YORK 11971 Fa . (631)-765-9015 1 �a�y Tel.(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE Conservation Subdivision of Steven Dubner Cox's Lane, Cutchogue, NY SCTM#: 1000-84-04-6.1 DATE September 13,2005 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.4 ACRE CLEARING&GRUBBING $ 2,500.00 $ 1,000.00 2. 700 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 1,400.00 3. 2,000 S.Y. FINE GRADING 1.50 3,000.00 DRAINAGE 4. 4 EACH LEACHING POOL/CATCH BASINS (8' Diameter x 8' Deep W/C.I.Grate&Frame) 2,500.00 10,000.00 5. 40 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 1,000.00 SURFACING 6. 150 C.Y. 3/P BLUE STONE BLEND 40.00 6,000.00 7. 750 S.Y. TOPSOIL&SEED 5.00 3,750.00 8. 3 EACH STREET SIGNS 200.00 600.00 9. 36 EACH STREET TREES 250.00 9,000.00 10. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 1.500.00 BOND ESTIMATE TOTAL $ 37,250.00 +6%ADMINISTRATION FEE $ 2,235.00 TOTAL AMOUNT $ 39,485.00 Submission Without a Cover Letter Sender: VA Subject: �jYl9A/ �(���.a,ti„(� ��„ _ /• SCTM#: 1000 - _ �p Date: 7(Z Comments: l�l I JUL 2 7 2005 i 07/25/2005 12:2' 631204a711 PECONIC LAND TRUST PAGE 01 Sib • Picaftind Tms4 Inc P0 BOX 1776.296 HaMtOn ROW IGS southaripm,NY 11969 Dove:631-283.3195 F":631-2"11 riiieV�ii� g4 PIWI :j3 4 TO: Anthony Trezza From: Marian Sumner Fax; Date: 7-25-05 Pham: Papas: 4 Re: Dubner Revised C&R.N CC: 0 UVft OFar Review xPlease Comment MftawReply 13P1wsa*Recycle C,il 6 . . . . . . . . . . . . . . . . . . . . 07/25/2005 12:2= 6312040711 PECONIC LAND TRUST PAGE 02 DECLARAPON OF COVENANTS & REORICTIONS THIS DECLARATION is made this_day of_,2005 by Steven Dubner residing at 140 Half Hollow Road,Dix Hills. NY 11.746,hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property situate on the South side of C.R.48 in Cutchogue,Town of Southold,Suffolk County,New York,more particularly bounded and described in Schedule"A" attached hereto (hereinafter referred to as the Property);and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a conservation subdivision, as shown on the Final Plat—Clustered Conservation Subdivision for Steven Dubner prepared by John C.Ehlers Land Surveyor last dated 2005 which will simultaneously be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed,and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcels; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed,does hereby make known,admit,publish,covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited,which, shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,their heirs, executors, administrators,legal representatives,distributees, successors and assigns, to wit: 1) The clustered open space equal to 39,621 s.f is included within and a part of Lot 2. Any potential future subdivision of Lot 2 must deduct the clustered open space from the yield calculation. 2) Prior to any construction activity,the project will require a General Permit for the storm water runoff from construction activity(GP-02-01)administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES)Program. 3) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise,dust and odors normally associated with agricultural activities pursuant to Article XXTI, Farmland Bill of Rights. 4) For tum-around purposes,the extension of the road into Lots 4 and 5 will remain free from obstructions or gates that would infringe upon the use of the road- b) Each of the property owners in the subdivision are responsible for preventing stormwater runoff from being discharged onto the adjacent lots in the subdivision. 07/25i20a5 12:2_ E31204V!l. PECONIC LAND TPUST PAGE 03 6) No fiuAdivision of Lot's 3,4 and 5. No lot linesfay be changed without approval of the Southold Town Planning Board. 7) � ��r��trictions on Lots 3 and 5 shall be 35%and on Lot 4 shall be 50% }!VA AVv ✓v. If any section, subsection,paragraph,clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful,invalid or bald to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful,invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof,as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner(s) of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. IN WITNESS WHEREOF,the DECL.ARANT above named has executed the foregoing instrument the day and year first written above. By: Steven Dubner STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the_day of the year 2005 before me, the undersigned,personally appeared Steven Dubner,personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. Notary Public: State of New York 07l25/2005 12:221 6312040711 PECONIC LAND TRUST PA13E 04 SCHEDULE A DESCRIPTION OF PROPERTY t �t�� Gr ar Cp\v\��� �L?C MEMORANDUM To: Marian Sumner, Director of Conservation Programs From: Anthony Trezza, Sr. Planner Date: June 30, 2005 Re: Conservation Subdivision of Steven Rohner The Planning Board reviewed the Town Engineer's comments regarding the above- referenced subdivision at their work session on June 27, 2005. The following items are needed in order to obtain final approval for this application: 1. In accordance with the recommendations made by the Town Engineer, please revise the t-shaped turn-around as indicated on the accompanying sketch. Adjust the lot areas for lots 4 and 5 accordingly. Be sure that the new lot areas are correctly shown on the map because I will need to calculate the amount of clustered open space to be included in Lot 2. 2. Please refer to the attached Engineer's report for the additional changes (comments 2 and 3). With respect to comment number 2, if the project Engineer can revise the drainage without having to relocate the road, the Planning Board has no objections. However, if the road needs to be relocated to the center of the right-of-way in order to address the drainage concerns, the street trees, which are currently shown on the north side of the right-of-way, will need to be relocated. They may be relocated to the individual lots. 3. Please submit a revised bond estimate(including the amount of the administrative fee) to reflect the required changes to the road and drainage. Do not pay that fee until the Town Engineer has approved the revised road and drainage plans as well as the bond estimate. 4. Building envelopes need to be shown on the map for each of the lots. You may apply the nonconforming setbacks of the zoning code. 5. Change the title of the map to read Clustered Conservation Subdivision of Steven Dubner. 6. Upon the Town Engineer's approval of the revised bond estimate, you may submit the administrative fee as well as the Performance Guarantee. 7. Submission of the filed Declaration of Covenants and Restrictions and the Road and Maintenance Agreement. 8. Submission of the filed Declaration of Covenants and Restrictions. The amount clustered open space clause will need to be revised because the lot areas will change as a result of the change to the t-shaped turn-around. In addition, please add these statement to the C &R's: a. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. b. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 9. Submission of the filed Road and Maintenance Agreement. There are no changes needed to this document. 10. Payment of the Park and Playground Fee of$10,500. 11. Submission of 5 mylar and 8 paper prints with the Suffolk County Department of Health Services stamp of approval affixed to each sheet. �gUFFO(K � JOSHUA Y. HORTON �� A7 c°�ry� JAMES A. RICHTER, R.A. SUPERVISOR : ENGINEER TOWN HALL - 53095.MAIN ROAD Dy` • TOWN OF SOUTHOLD,NEW YORK 11971,! \ \ Fax. (631)-765.-9015 -7�1 �T Tel.(631)-765 1 �' \ OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ��\J Jerilyn B. Woodhouse June 17, 2005 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Conservation Subdivisi�[ of'Steven Dubner SCTM #: 1000-84-04-6.1 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the site plan for the above referenced project. Please consider the following: 1. As designed,the proposed"Tee"shaped road end may not adequately provide for the turning radius of emergency equipment. Please note, this basic concept for providing turning access has been acceptable in the past. However,due to the narrow width of the Right of Way and the angle at which the"Tee"intersects,there may be problems. If property owners install fencing along the inside comer of proposed property lines on lot#5 it will be difficult for larger vehicles such as rescue or fire trucks to tum around within the Right of Way. This configuration, as proposed, is not recommended but could be made user friendly with only minor changes. 2. The Plan detail for the Storm Water Leaching Basin would indicate that two of the four structures would be on private property and not within the proposed right of way. I understand that it was the Town's decision to locate the 16'stone blend road on the Southeasterly side of the Right of Way to allow for screening of the adjacent property. Initially, I thought moving the road to one side was a good idea but,due to the required drainage structures,it may not have been. The road should be moved back to the center of the Right of Way as shown or indicated by the standard road cross section. If this is not acceptable to the Planning Board the Drainage design should be redesigned and modified to maintain all structures within the Right of Way. 3. The pavement specification for the proposed Curb Cut between the edge of pavement on Cox Neck Road to the Property line of the development should be asphalt(1-1/2"Top&2-1/2"Base)over 4" stone blend / RCA to meet the minimum Town standard for roadways. 4. Please note that the proposed disturbance resulting from construction activities would include the grading of the new road and the construction of new homes. The total ground disturbance forthis project will be greater than one (1)acre in area. [This would include all graded &disturbed areas for the new road/driveway and drainage areas as well as the proposed building envelopes.] This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity(GP-02-01) prior to the initiation of construction activities. If you have any questions regarding this review, please contact my office. Si erreely, James A. Richter, R.A. cc: Peter Harris, (Superintendent 0Hig ays) Melissa Spiro, Coordinator (Lai d reservation Department) JOSHUA Y. HORTON JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 F�. (631)-765-9015 Tel.(631)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Jerilyn B. Woodhouse June 17, 2005 Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Conservation Subdivisidnof Steven Dubner SCTM #: 1000—84—04—6.1 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the site plan for the above referenced project. Please consider the following: 1. As designed,the proposed"Tee"shaped road end may not adequately provide forthe turning radius of emergency equipment. Please note, this basic concept for providing turning access has been acceptable in the past. However, due to the narrow width of the Right of Way and the angle at which the"Tee"intersects,there may be problems. If property owners install fencing along the inside comer of proposed property lines on lot#5 it will be difficult for larger vehicles such as rescue or fire trucks to turn around within the Right of Way. This configuration,as proposed, is not recommended but could be made user friendly with only minor changes. 2. The Plan detail for the Storm Water Leaching Basin would indicate that two of the four structures would be on private property and not within the proposed right of way. I understand that it was the Town's decision to locate the 16'stone blend road on the Southeasterly side of the Right of Way to allow for screening of the adjacent property. Initially, I thought moving the road to one side was a good idea but,due to the required drainage structures, it may not have been. The road should be moved back to the center of the Right of Way as shown or indicated by the standard road cross section. If this is not acceptable to the Planning Board the Drainage design should be redesigned and modified to maintain all structures within the Right of Way. 3. The pavement specification forthe proposed Curb Cut between the edge of pavement on Cox Neck Road to the Property line of the development should be asphalt(1-1/2"Top&2-1/2"Base)over 4" stone blend/ RCA to meet the minimum Town standard for roadways. 4. Please note that the proposed disturbance resulting from construction activities would include the grading of the new road and the construction of new homes. The total ground disturbance for this project will be greater than one (1)acre in area. [This would include all graded&disturbed areas for the new road/driveway and drainage areas as well as the proposed building envelopes.] This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase 11 State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity(GP-02-01) prior to the initiation of construction activities. If you have any questions regarding this review, please contact my office. Si erely, i;d James A. Richter, R.A. cc: Peter Harris, (Superintendent Hig ays) 06eser 0 Melissa Spiro, Coordinator (Lai d reservation Department) MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF S�Urjt.O • Southold,Box 1179 11971 JERILYN B.WOODHOUSE �0 �� Chair OFFICE LOCATION: WILLIAM J. CREMERS N Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 MARTIN H.SIDOROl� 'M ..a (cor.Main Rd. &Youngs Ave.) n1,� GEORGE D.SOLOMON CO � Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Clustered Conservation Subdivision for Steven Dubner Located on the s/s/o County Road 48 and the a/s/o Cox's Lane, approximately 1,320' west of Bridge Lane, in Cutchogue SCTM#s1000-84-4-6.1 and 7.1 Zone A-C Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 13, 2005: The public hearing was closed. WHEREAS, this proposal is for a clustered conservation subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.22 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.3 acres and Lot 5 equals 1.7 acres in the A-C Zoning District; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.22 acres (Lot 1); and WHEREAS, the clustered open space is equal to 41,774 sq. ft. and is included within and apart of Lot 2; and WHEREAS, on September 13, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last revised September 5, 2003; and WHEREAS, by letter dated December 12, 2004, the Cutchogue Fire District determined that no additional fire protection is needed for this project; and WHEREAS, by letter dated December 14, 2004, the Suffolk County Planning Commission determined that the project is a matter for local determination; and f Dubner— Page Two — 6/14/05 WHEREAS, on May 6, 2005, the applicant submitted Health Department approval for the proposed project; be it therefore RESOLVED, that the Southold Town Planning Board finds that because this proposal is for a Conservation Subdivision, the requirement of street lights is inconsistent with the character and land use of the area and is hereby waived; and be it further RESOLVED, that the Southold Town Planning Board hereby grants conditional final approval upon the plat prepared by John C. Ehlers, LS, dated as last revised May 24, 2005, subject to the following conditions: 1. Submission of the filed Declaration of Covenants and Restrictions. 2. Submission of the filed Road and Maintenance Agreement. 3. Final review and approval of the Road and Drainage Plan by the Town Engineer. 4. Submission of the Bond Estimate for the proposed improvements and landscaping. Upon approval of the Bond Estimate by the Town Engineer, a Performance Guarantee will need to be submitted for approval by the Town Board. 5. Payment of the Park and Playground Fee in the amount of$10,500. 6. Submission of a copy of the executed Contract of Sale for Development Rights. 7. Submission of 5 mylar and 8 paper plats with the Suffolk County Department of Health stamp of approval affixed to each sheet. This approval is conditioned upon the satisfaction of the above conditions within six (6) months of the date of this resolution unless an extension of time is requested by the applicant and approved by the Planning Board. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. oodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator • • OFFICE LOCATION: 1 Y gUFFO(� MELISSA A.SPIROrd Town Hall Annex LAND PRESERVATION COORDINATOR =`t d%, 54375 State Route 25 f melissa.spiro@town.southold.ny.us y (corner of Main Road&Youngs Avenue) Z Telephone(631)765-5711 p W Southold,New York Facsimile(631)765-6640 'J.�r �QQ�� MAILING ADDRESS: P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk _ Land Preservation Committee Town Attorney Planning Board dUN 5 2005 Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Suffolk County Division of Real Estate From: Melissa Spiro, Land Preservation Coordinator Date: June 14,2005 Re: STEVEN DUBNER(south)to TOWN OF SOUTHOLD SCTM#1000-84-4-p/o 6.1 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 3670 Cox Lane, Cutchogue PROPERTY OWNER: Steven Dubner PURCHASE DATE: Closing took place June 14,2005 PURCHASE PRICE: $1,294,216.00(based on 46.222 buildable acres @$28,000/acre) EASEMENT AREA: 46.222 acres FUNDING: Community Preservation Funds (eligible for a partial funding reimbursement from a grant from NYS Dept.of Agriculture&Markets) MISCELLANEOUS: This property is part of a conservation subdivision that received conditional final approval from the Planning Board on June 13,2005, dividing the 53.77 acre parcel into Lot 1 (46.222 acres development rights easement to Town), Lot 2(3.0 acres), Lot 3 (1.496 acres), Lot 4 (1.306 acres)and Lot 5(1.747 acres)This property is listed in the Town's Community Preservation Project Plan. f • Submission Without a Cover Letter Sender: (M�/� Subject: SCTM#: 1000 - Date: f vl 1l c Comments: CM( YA&( JUN - 9 2005 r ruCOMPLETE THIS SECTION ON DELIVERY ' ru o ■ Complete Berns 1,2,and 3.Also complete A. 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Article Addressed to: If YES,enter delive ❑No 1. Article Addressed to: ��PNTINGS DSK► S%A , [ lksso(-1 C�� d Gc ��1 I t7 ��uL1lY f u l`l 3. "Ctlfled ' ai ❑Registered pt for Merchandise ❑ Insured Mail 4. Restricted Delivery?f xfre Fee) 0 Yes 2. Article Number 7004 1350 0004 8840 0747 2. Article Number (pander from""'ce (�rerrsfer from service 1abe1) 7 0 04 135--. - PS Form 3811,February 2004 Dome�dic Return Receipt loaseSce.M-lsoo PS Form 3811,February 2004 DI mastic Retun.------ Ana,,,e - , z , D. Is delivery address different from aero 17 1. Article Addressed to: o 1. Article Addressed to: : If YES,enter delivery address below: Couc�n� c>F S4aFFtlL1r— - c �� s (`nfs,S E►�+rNE 1� . �.E`Cl'a�Ga a�s.�� � ani as�S �i ►��1(2�,; �n 3. `/�r• I I J Z- 3. Service Type ^� j'Certified Mail ❑Express Mail ��Ga1 y ( T9� ❑Registered ❑ Retum Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ?1104 1350 2. Article Number (frensfer from service laW (transfer from seMoe 1 7004 ]#350 000 0 4 8840 0 6 7 9 PS Form 3811,February 2004 Domesti Return es[ic Return Receipt 10259502 M 1540 /' PS Form 3811,February 2004 P T.- c ts� ---- ! �' D. Is delivery address different from item 17 ❑Yes ✓ 1. Article Addressed to: If YES,enter delivery address below: ❑No f; •)GF�`�S`� , S '��` 7 , I �s.�T�kt o�*�t l4 t9 3 ce rviceType ed Mali ❑Express Mall ❑ agistered ❑Return Receipt for Merchandise "1 ❑Insured Mail 0 C.O.D. 4 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 1350 0 700 1350 0004 8840 0686 ?����,�� 2. Article Number (Fransfer from service raw PS Form 3$11, February 2004 Domestic Return- PS Forth 3811,February 2004 Dooestic Return Receipt 102595.02-M-1540 "s/F ag�pr�G� LA()b �ow � csFiaq�to� o .�� ' /� C Ct/� I C �SLAC t l 3. �` .t 3. Service Type CNS^TIiI AZO L z 1 N ` ` '` R16$eltlfled Mall ❑Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. / 4. Restricted Delivery?lafra Fee) ❑Yes 2. Article Number MansiarfromarvvIosk 7004 1350 00i 2. Article Number plansfer from service iaW 7004 1350 0004 8840 0693 Ps Form 3811,February 2004 Domestic Return I ps Forth 3811, February 20 Domestic Return Receipt 102595m-10-1540 SENDER: comPLI TE THIS SECTION COMPLETE THIS SECTION DELIVERY ■ Complete iternep,2,and 3.Also complete A. Signature Rem 4 If Rest ad Delivery is desired. 0 Agent ■ Print your name and address on the reverse X -u,aaareeeea. so that we can returnthe the card to you. B, Received by Prin U Nemo) �,rl�D e i ■ Attach this card to the back of the meilpiece, / � (v or on the front rc space permits: 1. Article Addressed to: D. Is delivery address dWonrd from Item 1? 13 Yes rc YES,enter delivery address balm: 0 No RJ 1 of 3. le Type yy� Ified Mall 0 Express Mail 1 013( 0 Registered ❑Return Receipt forMerdhandise 0 Insured Mail 0 C.O.D. I 4. Restricted Delivery?(Exna Fee) 0 Yes 2. Article Number (rnvWrnomsa,vkekW 7004 1350 0004 8840 0839 PS Form 3811,February 2004 Domestic Retn Receipt ts2sesoz-tatsa -deI—NWWMe9sdmaref ?nom amts-vres—._. 1. Article Addressed to: If YES,enter delivery address below: 0 No coo � 3 �C-4t/tct, oFw-r, Meg Express Mall O Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?pft Feel 0 yes z' Article Number (nanalerfrom servke Berl 7004 1350 0004 8840 0815 PS Form 3811,February 20D4 DomesticFornelpt 102595-02-101-1W.uaw• IvEs,enter aeiroery sasses below; 0 No a `t a s co. G� 'L, ktc)rYwc-, KN t m Tyr- 3. Service Type ertlfled Mall 0 Express Mall 0 Registered 13 Return Receipt for Merchandise 0 Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (FMWW eom servrce lel 7004 1350 0004 8840 0730 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-WIs40 I ' / PE\CONIC LAND TRI _ POST O,FICE BOX 17761 SOUTHAMPTON NEW YOB iNAMAO m POST M n MY.31.05 Z o 0ifyZ 7004 1350 0004 8840 0792 \� o OtDe%verabkAsNYAddrftea l •/re', ': I L H1 U 110"d,cert _ o*1wed QRelu esc l° U3 2005 �I �AOfi'GISti_NOtKnown Mr. Eugene Vanden Bosch UgpS 23100 Route 48 Cutchogue, NY 11935 7. 1'7:•'7:`1 ! _• �llyul�iliiiu�iy linllu�l Pughese vmoy��� _ 2705 Bridge Lane ' Cutchogue,NY 11935 FOP GSi -16 N 07 6l0al05 705/ t?35X2P0RI TO SEND pur -WARD TIMEEEA_uoROc467VI14 -0467PO i1y3'S LU1NY RETURN TO SENDER i1.1j... IL i1„:i II1`V �8v Palmer Vineyards 108 Sound Avenue Riverhead m' t 19m OA ❑ INSUFFICIENT ADDRESS pp��11TTEMPTED NOT KNOWN ❑ OTHER r�N0 SUCH NUMBER/STREET j S 0 NOT DELIVERABLE AS TO FORWARDADDRESSED / • MAILING ADDRESS: PLANNING BOARD MEMBERS ��tr SOP.O. Southold,Box 1179 1971 JERILYN B.WOODHOUSE �Q �� Char OFFICE LOCATION: WILLIAM J. CREMERS CA Town Hall Annex KENNETH L.EDWARDS ,�p�p� 54375 State Route 25 GEORGE MARTIN D SOLOMON Ol�00 ON ��.`_ (cor.Mas R h Southold, NY Ave.) ON Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 22 p pp t� May 2, 2005 ` L� 11 V �5 �) Ms. Marian Sumner Director of Conservation Programs U MAY -2 2005 g Peconic Land Trust L_ 296 Hampton Road DFT,°' AND Southampton, NY 11969 Fresrr nTio� 17 Re: Re: Proposed Conservation Subdivision of Steven Dubner (south) . �� ".oz .S Located on the south side of C.R. 48 in Cutchogue eb SCTM#1000-84-4-6.1 & 7.1 Zoning District: A-C c Dear Ms. Sumner: The following information is needed in order for the Planning Board to process this application for final plat approval: Revisions to Map 1 . Emergency turn-around accessing Lot 4 & 5 needs to be shown on the map. 2. The title of the map should be revised to read "Conservation Subdivision of Steven Dubner." 3. Show a proposed buffer consisting of street trees on the north side of the right-of-way. Please indicate the planting specifications on the map. 4. Show the clearing calculations for each of the lots pursuant to Section A106-56 of the Southold Town Code. Outstanding Submission Requirements 1. Bond Estimate 2. Road and Maintenance Agreement 3. Declaration of Covenants and Restrictions e o wing clauses a. 'The clustered open space equal 9,621 s.f s included within and apart of Lot 2. Any potential to a ivision Lot 2 must deduct the clustered open space fro the yield calculation." r:S� b. "Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase it State Pollutant Discharge Elimination System (SPDES) Program" c. "By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code." d. "For turn-around purposes, the extension of the road into Lots 4 and 5 will remain free from obstructions or gates that would infringe upon the use of the road." e. Add a clause that states each of the property owners in the subdivision are responsible for preventing stormwater runoff f beinq dischar ed onto the adjacent lots in the subdivision. o residential structures ma a cons ruc a on Lo g. o further subdivision of Lots 3, o of in may be changed without approval of the Southold Town Planning Board. h. Specify the clearing restrictions for each of the lots in the subdivision. 4. Payment of the Park and Playground Fee of$10,500 ($3,500 per new building lot created) 5. Health Department Approval 1 If you have any questions or need further assistance, please do not hesitate to contact this office. An rezz Senior Planner Cc: Melissa Spiro, Land Preservation Coordinator JU UN, u �� � �, N� C7 • MAILING ADDRESS: PLANNING BOARD MEMBER ��I SO(/Tyo P.O. ,ox 1179 So 11971 JERILYN B.WOODHOUSE Chair OFFICE LOCATION: WILLIAM J. CREMERS CA Town Hall Annex KENNETH L.EDWARDS ,O 54375 State Route 25 MARTIN H.SIDORGEORGED SOLOMON OIyC�U M (cor.MaSouthold, uth ld, MY Ave.) 11 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 13th day of June, 2005 on the question of the following: 6:00 p.m. Proposed standard subdivision for Daniel & Stephanie Charnews located on the w/s/o Youngs Avenue and the a/s/o Horton Lane, approximately 375' south of CR 48 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-25 6:05 p.m. Proposed conservation subdivision for Steven Dubner located s/o County Road 48 and e/o Cox's Lane, approximately 1300' west of Bridge Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-4-6.1 6:10 p.m. Proposed site plan for Moore Law Office located on the a/s/o State Road 25, approximately 783' n/o the intersection with Jockey Creek Drive known as 51020 State Road 25 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-70-2-8 Dated: 5/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, JUNE 2, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The TravelerlWatchman ' • MAILING ADDRESS: PLANNING BOARD MEMBER# fjF SO(/ry P.O. Box 1179 JERILYN B.WOODHOUSE �Q� Ol0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS CA is Town Hall Annex KENNETH L.EDWARDS N H.SIDORa�O 54375 State Route 25 MARGEORGE D SOLOMON Ol'1 COIF rtV �`(•� (cor. MainSouthold, NY Youngs Ave.) 1lIY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 13th day of June, 2005 on the question of the following: 6:00 p.m. Proposed standard subdivision for Daniel & Stephanie Charnews located on the w/s/o Youngs Avenue and the a/s/o Horton Lane, approximately 375' south of CR 48 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-25 6:05 p.m. Proposed conservation subdivision for Steven Dubner located s/o County Road 48 and e/o Cox's Lane, approximately 1300' west of Bridge Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-4-6.1 6:10 p.m. Proposed site plan for Moore Law Office located on the a/s/o State Road 25, approximately 783' n/o the intersection with Jockey Creek Drive known as 51020 State Road 25 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-70-2-8 Dated: 5/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 27th day of May, 2005 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 6/13/05 Regular Meeting: 6:00 p.m. Public Hearing for the proposed standard subdivision for Daniel & Stephanie Charnews SCTM#1000-63-1-25 6:05 p.m. Public Hearing for the proposed conservation subdivision for Steven Dubner SCTM#1000-84-4-6.1 6:10 p.m. Public Hearing for the proposed site plan for Moore Law Office SCTM#1000-70-2-8 L firi rdi 6J&Randolph Secretary, Southold Town Planning Board Sworn to before me this day of G.l,{ / 2005. Notary Public MELANIE DOROSKI NOTARY PUBLIC,State of New York No. 01D04634870 Qualified in Suffolk County Commission Expires September 3R'-2—G • Page 1 of 1 • Randolph, Linda From: Dina Kontokosta [dkontokosta@travelenaatchman.comj Sent: Tuesday, May 31, 2005 1:17 PM To: Randolph, Linda Subject: Re: Legal Ad for publication Thanks Linda I got it! Jackie ----- Original Message ----- From: Randolph Linda To: editorial[@ trayp!gokatchman com Sent: Tuesday, May 31, 2005 12:52 PM Subject: Legal Ad for publication Please print the at6tached ad in the June 2 edition &send confirmation of receipt as soon as possible. Thank you. Linda Randolph 5/31/05 Notice of Pu .me`�earing NOTICE IS HEREBY GIVEN that pursuant to COUNTY OF SUFFOLK Section 2.76 of tine Town Law STATE OF NEW YORK ss: and Article XXV of the Code Nancy M. Mclaughlin, being duly of the Town of Southold, a public h sworn, says that she is the Legal g will be held by Advertising Coordinator, of the Traveler the Southold Town Planning Board, at the.Town Hall,Main Watchman, a public newspaper printed Road, Southold, New York on at Southold, in Suffolk County; and that the 13th day of June,2005 on the notice of which the annexed is a the question of the following: printed copy, has been published in said 6;00 P•m, Proposed standard subdivision for Daniel & Trave17 Watchman once each week Stephanie Charne' located for............week(s) successively, on the w/s/o Youngs Avenue co Ging on the....P�.7.........day of and the a/s/o Horton Lane, •••••••••••• 20P5. approximately 375' 'south of CR 48 in Southold, Town of 1 A Southold, County of Suffolk, Stateof New York. Suffolk County' Tax Map Number Swo to b fore me this... ..day of ti 2005. ... ....L. Thursday,June 2,200 Notary Public V 1000-63-1-25 01 6:05 p.m, Proposed conser rs vation subdivision for Steven Emily Hamill er Dubner located s/o County NOTARY PUBLIC,State of New York A Road 48 and e/o Cox's Lane, No.OIHA505"84 le approximately 1300' WOSt Of Qualified in Suffolk County ,)f Bridge Commission expires May 06,2006 ge Lane in Cutchogue, :d Town of Southold, County of Suffolk, State of New York. io Suffolk County Tax Map le Number 1000-84-4-6.1 d 6:10 p.m. Proposed site plan It for Moore Law Office located d on the a/s/o State Road 25, I approximately 783' n/o the intersection with Jockey Creek Drive known as 51020 State Road 25 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-70-2-8 Dated; 5/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 1X 6/2/05 (832) • • M1 Submission Without a Cover Letter Sender: I 1 t(SLMC 4 Su Subject: DWS- k-q- l/ SCTM#: 1000 - Date: Comments: � � I MAY ,'?� DECLARATION This Declaration ("Declaration") is made this day of , 2005 by Steven Dubner, hereinafter referred to as "Declarant": WHEREAS,the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York,known and designated on the Suffolk County Tax Map as District 1000, Section 84, Block 4 and Lot 6.1, and WHEREAS, Declarant has made an application to subdivide said real property into five (5) lots, as shown on the Subdivision map of Steven Dubner prepared by John C. Ehlers Land Surveyors, and WHEREAS,Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the subdivision lots; NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals,the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots,their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The subdivision road shall be located as shown on the subdivision map and shall be of stone blend composition to a width of 16 feet and run a distance of approximately 393.96 feet from Cox Lane. The subdivision road shall be constructed in accordance with Town of Southold specifications. Title to the road shall remain with Declarant, his successors or assigns with its use subject to this Declaration. B. MAINTENANCE AND MANAGEMENT OF ROAD 1. The owners of each of the subdivision lots hereby covenant and agree that Declarant or his successor or assigns in interest shall manage, administer, maintain and operate the subdivision road in accordance with the provisions of this Declaration. Declarant hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but are not limited to: Y a. The routine maintenance of the road,including but not limited to, litter collection, snow removal and repair of the surface as necessary to keep the road in good and working order. b. The use of agents, subcontractors or employees deemed by Declarant to be reasonably necessary to cavy out his responsibilities under this Declaration. 2. Declarant agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C,below. 3. In addition to the insurance provided above,Declarant shall be named an additional insured on individual homeowner policies for each of the Lots, and each homeowner shall maintain liability insurance of not less than $500,000. C. MANAGEMENT COSTS 1 . Declarant, in his sole discretion, shall: a. Prepare an annual budget and apportion to the Lot Owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including,but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a'Reserve Fund" for extraordinary repair and replacement of the road. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15) year period. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve Fund, Declarant may recommend a special assessment, which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Declarant. D. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the road shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing,maintaining,or otherwise servicing utility and service lines,Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii)minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Declarant. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon,or exiting from the road may be made. e. No alteration or modification of the road, once constructed, will be permitted without prior written consent of Declarant and the Planning Board of the Town of Southold. E. TERMS OF PAYMENT 1. All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty (30) days after the date of the bill submitted by Declarant. 2. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty(30)days after notice of violation is given by Declarant, then Declarant shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. F. MISCELLANEOUS 1. Declarant, his successors and assigns hereby make a continuing offer of dedication of the road to the Town of Southold which the Town may formally accept in the event one or more of the following events occurs: a. the conditions for acceptance of the offer of dedication of the road set forth in the Resolution of Conditional Final Approval for the Conservation Subdivision of Steven Dubner adopted by the Town of Southold Planning Board on 2005, b. that the road is in a state of disrepair and remains in that state for a period of 120 days after receipt of written notice from the Town of Southold, and/or C. if real property taxes remain unpaid and the road or a parcel including the road is sold at a real property tax sale. 2 . That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 3 . If any section, subsection,paragraph, clause,phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 4 . The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 5 . The within Declaration shall nm with the land and shall be binding upon the Declarant,his heirs, successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 6 . All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. 7 . In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Declarant: Steven Dubner STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the day of in the year 2005 before me, the undersigned, a Notary Public in and for said state,personally appeared Steven Dubner,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public DECLARATON OF COVENANTS & ROTRICTIONS THIS DECLARATION is made this day of_, 2005 by Steven Dubner residing at 140 Half Hollow Road, Dix Hills, NY 11746, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the South side of C.R. 48 in Cutchogue, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a conservation subdivision, as shown on the Final Plat—Cluster Conservation Subdivision for Steven Dubner prepared by John C. Ehlers Land Surveyor last dated , 2005 which will simultaneously be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) The clustered open space equal to 39,621 s.f is included within and apart of Lot 2. Any potential future subdivision of Lot 2 must deduct the clustered open space from the yield calculation. 2) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 3) By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights. 4) For turn-around purposes, the extension of the road into Lots 4 and 5 will remain free from obstructions or gates that would infringe upon the use of the road. 5) Each of the property owners in the subdivision are responsible for preventing stormwater runoff from being discharged onto the adjacent lots in the subdivision. 6) No non-agoltural labor residential structures mayoconstructed on Lot 1. 7) No further subdivision of Lots 3, 4 and 5. No lot lines may be changed without approval of the Southold Town Planning Board. 8) The clearing restrictions on Lots 3 and 5 shall be 35% and on Lot 4 shall be 50% per Town Code A106-56. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and his successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. By: Steven Dubner STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the day of the year 2005 before me, the undersigned, personally appeared Steven Dubner,personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public: State of New York SCHEDULE A • DESCRIPTION OF PROPERTY l V 1 • MAILING ADDRESS: PLANNING BOARD MEMBER *pF SO(/j�o P.O. Box 1179 JERILYN B.WOODHOUSE Q �� Southold, NY 11971 Chair 41 OFFICE LOCATION: WILLIAM J.CREMERS w Town Hall Annex KENNETH L.EDWARDS G �O 54375 State Route 25 MARTIN H.SIDOR �0�� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON cou l'M, Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 17, 2005 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 Re: Proposed Conservation Subdivision for Steven Dubner Located s/o County Road 48 and e/o Cox's Lane in Cutchogue SCTM#s1000-84-4-6.1 Zone A-C Dear Ms. Sumner: The final public hearing regarding the maps for the above-referenced conservation subdivision has been scheduled for Monday, June 13, 2005, at 6:05 p.m. at the Southold Town Hall. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex (2nd Floor, North Fork Bank). Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. June 10, 2005. The sign needs to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Y&. erilyn B. Woodhouse Chairperson encl. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1 000-84-4-6.1; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is for a conservation subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.17 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres. The property is located s/o County Road 48 and e/o Cox's Lane in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday. June 13, 2005 at 6:05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler/Watchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Steven Dubner Date: 5/17/05 0 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri.. 6/10/05 Re: Proposed Conservation Subdivision of Steven Dubner SCTM#s: 1000-84-4-6.1 Date of Hearing: Monday, June 13, 2005. 6:05 p.m. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING §58-1. Providing notice of public hearings. [HISTORY- Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] §58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Byj requiring the applicant to erect the sign provided by ':he town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 1-25-96 § 58-1 SOUTHOLD CODE §58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7)days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that As has complied with this provision. I 5802 1-25-96 STEVEN DUBNER DUBNER CONSERVATION SUBDIVISION • 1000 -84=4-6 . 1 Proposal to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46. 17 acres, Lot 2 equals 3 acres, Lot 3 equals 1 .5 acres, Lot 4 equals 1 .5 acres and Lot 5 equals 1 .6 acres. 4MONDAY - JUNE 139 2005 - 6 : 05 P . M . • 0 sir p-r Submission Without a Cover Letter Sender: '(A , S L', VVI YU(,--- Subject: Pt.A� VU-k/ SCTM#: 1000 - gL t_ Lf— Date: 1 Date: /(0 !C)5– Comments: p wJ • MAHING ADDRESS: PLANNING BOARD MEMBERS y��OF SOUTyO Southold,Box 1179 11971 JERILYN B.WOODHOUSE ,�O Chair OFFICE LOCATION: WILLIAM J.CREMERS w ae Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 MARTIN D SOLOMON Oly�'�Un l, (cor.Main Rd. &Youngs Ave.) GEORGE 11 Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2005 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Conservation Subdivision for Steven Dubner Located s/o County Road 48 and e/o Cox's Lane in Cutchogue SCTM#s1000-84-4-6.1 and 7.1 Zone A-C Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, May 9, 2005: WHEREAS, this proposal is for a Conservation Subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.17 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres in the A-C Zoning District; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.17 acres (Lot 1); and WHEREAS, on September 13, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last revised September 5, 2003; and WHEREAS, by letter dated April 28, 2005, the applicant has requested an extension of time for sketch approval as additional time is needed to meet all of the conditions; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a retro-active extension of time of sketch approval from March 13, 2005 until September 13, 2005. Please contact this office if you have any questions regarding the above. Very truly yours, n Jeril B. Woodhouse Y Chairperson cc: Melissa Spiro, Land Preservation Coordinator �w Submission Without a Cover Letter Sender: rn�.Vl(!��/1 c lu vy� Subject: u �JYu� V`-C�Ge U 1l''Ai ` 1 a Sse pa SCTM#: 1000 - Date: �0 Comments: ri Fil . diJh MAILING ADDRESS: PLANNING BOARD MEMBER3r ��OF SOUTy� Sou OIBox 1179 11971 JERILYN B.WOODHOUSE �O l� Chair y_ # OFFICE LOCATION: WILLIAM J. CREMERS CA >c Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 MARTIN H.SIDORGEORGE D SOLOMON OIyCoUn l, (cor. Main Sou h d, NY Youngs Ave.) n Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 2, 2005 Ms. Marian Sumner, Director of Conservation Programs Peconic Land Trust 296 Hampton Road Southampton, NY 11969 Re: Proposed Conservation Subdivision of Steven Dubner (south) Located on the south side of C.R. 48 in Cutchogue SCTM#1000-84-4-6.1 & 7.1 Zoning District: A-C Dear Ms. Sumner: The following information is needed in order for the Planning Board to process this application for final plat approval: Revisions to Map 1. Emergency turn-around accessing Lot 4 & 5 needs to be shown on the map. 2. The title of the map should be revised to read "Conservation Subdivision of Steven Dubner." 3. Show a proposed buffer consisting of street trees on the north side of the right-of-way. Please indicate the planting specifications on the map. 4. Show the clearing calculations for each of the lots pursuant to Section A106-56 of the Southold Town Code. Outstanding Submission Requirements 1. Bond Estimate 2. Road and Maintenance Agreement 3. Declaration of Covenants and Restrictions with the following clauses a. 'The clustered open space equal to 39,621 s.f. is included within and apart of Lot 2. Any potential future subdivision Lot 2 must deduct the clustered open space from the yield calculation." 1 � � b. "Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program" c. "By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code." d. "For turn-around purposes, the extension of the road into Lots 4 and 5 will remain free from obstructions or gates that would infringe upon the use of the road." e. Add a clause that states each of the property owners in the subdivision are responsible for preventing stormwater runoff from being discharged onto the adjacent lots in the subdivision. f. No residential structures may be constructed on Lot 1. g. No further subdivision of Lots 3, 4 & 5. No lot lines may be changed without approval of the Southold Town Planning Board. h. Specify the clearing restrictions for each of the lots in the subdivision. 4. Payment of the Park and Playground Fee of $10,500 ($3,500 per new building lot created) 5. Health Department Approval If you have any questions or need further assistance, please do not hesitate to contact this office. A,)d Anthon rezz Senior Planner Cc: Melissa Spiro, Land Preservation Coordinator 04/28/2905 01:00 6312040711 PECONIC LAND TRUST PAGE 92 I OF pECONIC LAME) TRUST f April A2 , 2005 Honorable Jerilyn B. Woodhouse Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold,NY 11971 Re: Dubner Conservation Subdivision SCTMk : 1000-546.1 Dear Chairperson Woodhouse: On behalf of Steven Dubner, I am requesting an extension of the time for Sketch Approval. For your information,I anticipate that the project will receive approval by the Suffolk County Department of Health Services within the next several weeks. Thank you for your facilitation of this conservation project. If you need any additional information,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, ` Marian P. Sumner Director of Conservation Programs cc: Anthony Trezza APR 2 9 2005 196 HAMPTON ROAD:, POST OFFICE BOX 177/.1 SOIITftA,MPTON WSW YORE: 119691 RHONE (631)283-M51 FAX (631)183-0239 vnv�m.�econ iclandrn�sc,>rg 04/26/2085 D 00 6312040711 PECONIC LAND TRUST PAGE 01 • Pcco�nt lmd'I'ruat,Inc. PO Bax 1770,29611ampton Anad So%lthampM,NV 11969 Phone:031.283.3105 Fax:031-204-0711 To: Anthony Trezza From: Marian Stunner Fax: Dale: 4-28-05 Phone: Pages: 2 Re: Dubncr Ezteaslon Request CC: X UM.,t D For Review ❑Please Comment ❑Please Repy ❑Pkase Recycle z' j APR 2 g 2005 �a 1 . . . . . . . . . . . . . . . . . . . . . . TUN-07-2005 _6!35 SC P'-ANNING P.02 COUNTY OF SUFFOLK • STEVE LEW SUFFOLK COUNTY FXEcLm,/E TNomAs ISIXG. AICP DEPARTMENT CIF PLANNING DIRECTOR OF PLANNING December 14,2004 I Ms.Jerilyn B. Woodhouse, Chair Town of Southold Planning Bd. Main Road Southold,NY 11971 Plat Name: Steven Dubuer Tax Map No.: 1000-84-4-6.1 SCPD File No.: S-SD-04-08 Dear Ms. Woodhouse: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code,the above captioned proposed final plat which has been referred to the Suffolk County Planning COtmniaSion is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval, I Comments: I • The map should clearly state the name of the subdivision and that the map is a preliminary conservation subdivision.Duplicate subdivision names within a town should not be accepted (i.e. Steven Dubuer). i Lot I should be made supJrct to a covenant that will prohibit its future subdivision. I ' i i Sincerely, I Thomas Isles,AICP Director of Planning i I S/s Theodore R Klein Senior Planner TRK:cc L oN MAILING ADDRESS H.a E DENNISON AIAo.-19* �9 ,• P.0 BOX B 1 OO _ • (6 1 61 663-6 1 BO .fyy (}•RINI MAMIiOL' ub..yuv u, mnu u- .�. . . _ _____ TOTAL P.02 • 0 curcNowt CUTCHOGUE FIRE DISTRICT r i 260 New Suffolk Roads Cutchogue, NY 11935 ,p. Telephone (631) 734-6907 • Fax (631) 734-7079 75 Years E-mail: cutfd@optonline.net of Service December 12, 2004 Planning Board Office Mr. Mark B. Terry PO Box 1179 Southold,NY 11971 Ref: Dubner 1000-84-4-6.1 Dear Mr. Terry, With reference to the above property, the Board of Fire Commissioners of the Cutchogue Fire District do not feel that a fire well is needed due to the properties location within range of an existing fire well and is adequately protected. Thank you for your request and please call if you have any questions. Very truly yours, Board of Fire Commissioners 9_ 6�� A2,4 Matthew J. Martin District Secretary MT \ ` N o v S o Oyyu'" y pa �Q O w�J & �� � �Q1 'flay � d S 4. °r / • ss CIA ?`8 .Q Occ� p�t�ce 1 yOQry y ?�Y s Varkcp ryryoa �'� C✓n� � AI�4�� r Y . r � 4y Y r fo 4, 161, 0 1w y r� 9 LO 39dd isnaL ANTI DIN003d IILHtHZ,I£9 £g:GH EOOL/ct/II y gUFFO(�- • PLANNING BOARD MEMBERS DSO C� P.O. Box 1179 JERILYN B.WOODHOUSE Chair Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO0 • Telephone (631) 765-1938 WILLIAM J.CREMERS y `. Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR 7 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 18, 2004 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Theodore R. Klein, 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: Conservation Subdivision of Steven Dubner Hamlet/Locality: Cutchogue S.C.D.P.W. Topo No.: See plat Zoning: A-C S.C. Tax Map No.: 1000-84-4-6.1 & 7.1 Conservation Sub.–XX— Standard Sub._ Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_(X)_ Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Environmental Assessment Form as submitted by the applicant. r Page 2 Southold Town Planning Board Referral Referral Criteria: The property is located on the south side of Middle Road (C.R. 48). SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (X) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( X )No Comments: This proposal is to subdivide 53.77 acres where Lot 1 equals 46.17 acres upon which the development rights are proposed to be sold to the Town of Southold, lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres. This project is classified as a Conservation Subdivision pursuant to Chapter A106 of the Town Code. We request acknowledgement of receipt of this referral ( X ) Yes ( ) No Referral received 2003 by the Suffolk County Planning Commission and assigned File No. Sincerely, Anthony P. Trezza Senior Planner PLANNING BOARMEME D ERS o�Og�FFO(,�co MAIUN BoADD7RESS: may. Gy JERILYN B.WOODHOUSE Southold, NY 11971 Chair w OFFICE LOCATION: x RICHARD CAGGIANO • Town Hall Annex WILLIAM J.CREMERSy�o! �aO� 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631765-1938 Fax: 631765-3136 November 9, 2004 PING BOARD OFFICE TOWN OF SOUTHOLD Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Conservation Subdivision for Steven Dubner Located on the south side of County Road 48 and the east side of Cox's Lane in Cutchogue SCTM#1000-84-4-6.1 & 7.1 Zoning District A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, November 8, 2004, adopted the following resolution: WHEREAS, this application proposes 5 lots on 53.77 acres where Lot 1 equals 46.17 acres, 1/ot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.17 acres (Lot 1); and WHEREAS, the Planning Board classifies this subdivision as a Conservation Subdivision pursuant to Chapter Al 06; and WHEREAS, on September 13, 2004, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQRA coordination process for this unlisted action; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Please contact this office with any questions. Very truly yours, �S "Jenlyn'BCG4W000r dhouse Chairperson encl. cc: Land Preservation Department • o��gOFFO(,��, • MAILING ADDRESS: PLANNING BOARD MEMBERS o.Z. P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair coo Z OFFICE LOCATION: RICHARD CAGGL9NOO Town Hall Annex WILLIAM J.CREMERS y4yp1 ��0� 54375 State Route 25 KENNETH L.EDWARDS (aor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 8, 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Conservation Subdivision of Steven Dubner SCTM#: SCTM#1000-84-6-1 & 7.1 Location: Located on the north side of Oregon Road at the terminus of Cox's Lane in Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This application proposes 5 lots on 53.77 acres where Lot 1 equals 46.17 acres upon which the Development Rights are proposed to be sold to the Town of Southold, Lot 2 equals 3 acres, Lot 4 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. No sensitive features exist on site. The determination was based upon the following: 0 SEQR Negative Declaration - Page Two No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; increase in solid waste production; increase in potential for erosion, flooding, leaching or drainage problems are expected to occur if the proposed action is implemented as planned. Note, however, that the Department of Health approval has not been issued, therefore, the feasibility of a septic system and associated impacts (if any) have not been fully evaluated. No removal or destruction of large quantities of vegetation or fauna is expected to occur. No substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. No Critical Environmental Area as designated pursuant to subdivision 617.14(g) is contiguous with the parcel. The proposed action is not in a significant material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important histrxical, archaeological, architectural, or aesthetic resources or of existing commun). y or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony P. Trezza, Senior Planner Address: Planning Board Telephone Number: (631) 765-1938 cc: Sherry Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo, Esq. Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant �OgUFFO(,�co • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE C y� Southold, NY 11971 Chair yOFFICE LOCATION: r W Af RICHARD CAGGIANO • 'F Town Hall Annex WILLIAM J. CREMERSy�ol �aO� 54375 State Route 25 KENNETH L. EDWARDS (cor.Main Rd. &Younger Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2004 Ms. Marian Sumner C/o Peconic Land Trust 296 Hampton Road Southampton, NY 11969 Re: Proposed Conservation Subdivision of Steven Dubner Located on the south side of C.R. 48 in Cutchogue SCTM#1000-84-4-6.1 & 7.1 Zoning District: A-C Dear Mrs. Sumner: As requested, I have put together a list of the outstanding items needed to obtain final approval for the above-referenced application. The remaining submission requirements are as follows: 1. Health Department approval 2. Amend the map to show a comr:ion driveway with an emergency turn-around accessing Lots 3, 4 & 5. 3. Submission of a Road and Drainage plan. 4. Submission of a Road and Maintenance Agreement 5. Submission of Covenant and Restrictions stating that the clustered open space equal to 39,621 sq.ft. is included within and apart of Lot 2. Any potential future subdivision �J of Lot 2 must deduct the clustered open space from the yield calculation. Nan S 6. The Covenant and Restrictions must also include language that states "Prior to any construction activity, the project will require a General Permit for storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under the Phase 11 State Pollutant Sl � Discharge Elimination System (SPDES) Program." 7. Payment of the Park and Playground Fee of$10,500 ($3,500 per vacant lot). Payment is due prior to the final endorsement of the map. Upon submission of the revised map as approved by the Health Department, the Planning Board will set the final hearing for this application. If you have any questions or need further assistance, please feel free to contact this office. Si e ly 1�) �� nthony P rezza SeniorPfanner ` I • • COUNTY OF SUFFOLK fM 55 STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L.HARPER,M.D.,M.P.H. COMMISSIONER October 13, 2004 Mark Terry Planning Board Office PO Box 1179 r Town Hall, 53095 State Rte. 25 Southold,New York 11971 I I RE: Steven Dubner SCTM#: 1000-84-4-6.1 and 7.1 ---- Wn Dear Mr. Terry: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated September 14, 2004 concerning the above-referenced project. The Department has no objection to the Town Planning Board assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. 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 County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above-referenced project on July 31, 2003 (HD Ref# S10-03-0011), as required by Article VI of the Suffolk County Sanitary Code. The application is incomplete pending the submission of additional technical information including: • restrictive covenants, • PE, RA, or exempt LS signature, and • revised subdivision maps. The applicants must comply with the requirements of the Suffolk County Sanitary Code and ♦DIVISION OF ENVIRONMENTAL QUALITY ♦OFFICE OF ECOLOGY♦ RIVERHEAD COUNTY CENTER♦RIVERHEAD NY 1901-3397 Phone(631)852-2077 Fn(631)852-2743 relevant construction standards for water supply and sewage disposal. Design and flow 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. B. Article 7 In order to determine if this commercial building meets the requirements of Article 7 of the Suffolk County Sanitary Code, a separate report must be submitted. The Office of Wastewater Management has notified the applicant on 7/30/04 on what type of information is needed in this report. The report will be forwarded to the Department's Hazardous Materials Section. C. SCDHS Jurisdiction The 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. The Department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information, please feel free to contact the Office of Ecology at 852-2077. Sincerely, —M A�-4 l� Mara Hogan Environmental Analyst Office of Ecology MH/amf PC: Kimberly Shaw Walter Hilbert, P.E. OgUFFO�,�c Albert J.Krupski,President ��. Q Town Hall James King,Vice-President =� G'f� 53095 Route 25 Artie Foster h P.O.Box 1179 Ken Poliwoda • Southold, New York 11971-0959 Peggy A. Dickerson y�O � Telephone(631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MEMORANDUM ��rr To: Planning Board D l� 1 1 From: Board of Trustees OCT - 8 2004 D Date: October 7, 2004 Southold Town Subject: Major Subdivision of Steven Dubner Pia"°'°a Boa;" SCTM# 1000-84-4-6.1and 7.1 The Southold Town Board of Trustees reviewed the survey prepared by John C. Ehlers dated September 5, 2003 and determined the proposed Major Subdivision to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. However, any activity within 100' of a Wetland line would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Albert�J.�K ps�Jr., Pres Board of Trustees AJK: hct • Town Of Southold P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 10/18/04 Receipt#: 20255 Transaction(s): Subtotal 1 Application Fees $1,760.00 Check#: 20255 Total Paid: $1,760.00 Name: Dubner, Steven 140 Half Hollow Road Dix Hills, NY 11746 Clerk ID: BONNIED Internal ID:101310 r� Submission Without a Cover Letter Sender: iNICl V l W Subject: Ou ner SCTM#: 1000- Date: Comments: e pose c (-e4 c�w�c7 Cis 1 (' r -✓ r PLANNING BOARD MEMBERS p�pSSFFO(�COG • P.O. Box 1179 JERILYN B.WOODHOUSE =`t` y Chair C Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS 'ygyol �a0Fax(631) 766-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2004 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: Major Subdivision of Steven Dubner SCTM# 1000-84.4-6.1 and 7.1 Requested Action: This application proposes 5 lots on 53.77 acres where Lot 1 equals 46.17 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres in the A-C Zoning District. The Development Rights are proposed to be sold to the Town of Southold upon 46.17 acres (Lot 1). SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 5022 Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, iedlyn B. Woodhouse Chairperson cc: Joshua Y. Horton, Supervisor Southold Town Board Patricia Finnegan, Town Attorney *Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher *Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review Enc. PART 1—PROJECT INFORMATION 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 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 available 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 - Dubner Conservation Easement LOCATION OF ACTION(Include Street Address, Munlclpallty and County) Middle Roa BUSINESS TELEPHONE NAME OF APPLICANTISPONSOR ( ) 631 Pe ADDRESS PO Box 1776 STATE ZIP CODE CITYlPoNY 1 "Southam ton BUSINESS TELEPHONE Dubner NAME OF OWNER Of different) hi (631) 777-1800 Steven Dubner Eugene & Marie Vanden ADDRESS Northeast Nurseries 23100 Route 48 140 Half Hollow Road STATE ZIP CODE DtTMreO Cutcho ue, NY 11935 ( 631 ) 734 6196 Dix Hills, NY 11746 g DESCRIPTION OF ACTION I Conservation subdivision including sale of development rights on approximately 46 acres . Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed 9nd undeveloped areas. 1. Present land use: OOrban Olndustrial ❑Commercial OResidential(suburban) r]Rural(nonfarm ❑Forest ®Agriculture CJdther 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Nonacres acres agricultural) � acres Forested �— acres $2,17h acres _---- acres Agricultural (Includes orchards, cropland, pasture, etc.) acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres --- acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres _--- acres Roads, buildings and other paved surfaces 2 acres acres Other (Indicate type) acres 3. What is predominant soil type(s) on project site? HaA a. Soil drainage: T3Well drained 99 % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NN Land Classification System? 6A'Q acres. (Sp 1 NYCRR 370). �1 4. Are there bedrock outcroppings on project site( OYes nND 3. vAit is dspth to bedrock? (in fee!) 2 S. Approximate percentage of proposed project site with slopes: ,f39•1o% 1 nn % 010-15% % 015% 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? OYes Fc1No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ONo 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Dyes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes ®No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes ONo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes, other geological formations). ❑Yes [RNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes KINo If yes, explain 14. Does the present site include scenic views known to be important to the community? (MYes ONo 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary i 16. Lakes, ponds, wetland areas within or contiguous to project area: ; a. Name b Size (In acres) 17. Is the site served by existing public utilities? OYes MNo a) If Yes, does sufficient capacity exist to allow connection? OYes ONo b) If Yes, will improvements be necessary to allow connection? OYes ONo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes ONo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes 3ENo • , 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes ®No B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor an aces. b. Project acreage to be developed: �' acres initially; res ultimately. c. Project acreage to remain undeveloped 46, t') acres. d. Length of project, in miles: (If appropriate) e. 'It the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 1 Ultimately 3 1. Dimensions (in feet) of largest proposed structure height; width; length. I. Linear ICC( UI '(0r1(dgc a1011d a pubdi; (16oYou"...'C pwlcC( WUj "CUNy W rc. 3 l /~ 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yards 3. Will disturbed areas be reclaimed? OYes ONO ❑N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONO c. Will upper subsoil be stockpiled for reclamation? OYes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. - 5. Will any mature forest(over 100 years old) or other locally-important vegetation be removed by this project? OYes K)No 6. If single phase project: Anticipated period of construction months, (including demolition). _ 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONO 8. Will blasting occur during construction? OYes l3No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project n 11. Will project require relocation of any projects or facilities? OYes RNo If yes, explain 12. Is surface liquid waste disposal int,!olved? Dyes ONO ----.-- a. If yes, indicate type of waste/(sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes f3NO Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes QNo Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes @No 16. Will the project generate solid waste? ❑Yes ONO a. If yes, what is the amount per month tons b. If yes, will an eyisting solid waste facility be used? OYes ONO c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONO e. If Yes, explain 17. Will the project involve the disposal of solid waste? Oyes ®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? OYes ONO 19. Will project routinely produce odors (more than one hour per day)? Oyes VNO 20. Will project produce operating noise exceeding the local ambient noise levels? OYes ONo 21. Will project result in an increase in energy use? OYes ONO If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity. gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes ONO If Yes, explain Town PDR 4 t 25. Approvals Required: Submittal Type Date City, Town, Village Board &]Yes ❑No py1� City, Town, Village Planning Board KlYes ONo mnwn City, Town Zoning Board OYes 12No City, County Health Department &)Yes ONo Rr;hr1; iri Sinn Other Local Agencies OYes CNo Other Regional Agencies OYes K]No State Agencies OYes $INo Federal Agencies OYes K)No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ®Yes ❑No If Yes, indicate decision required: ❑zoning amendment Ozoning variance Ospecial use permit ❑subdivision ❑site plan Onew/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AC 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Approximately 98 4. -yVhat is the proposed zoning of the site? No MhAngo S./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? 3BYes ONO 7. What are the predominant land use(s) and zoning classifications within a 1/. mile radius of proposed action? agricultural/residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a r/ mile? ®Yes ONO 9. If the proposed action is the subdivision of land; how many lots are proposed? 5 a. What is the minimum lot size proposed? 1 . 5 acres 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes ONO 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? OYes MNo a. If yes, is existing capacity sufficient to handle projected demand? OYes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes KINo a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONO D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your 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 true to the best of my knowledge. A- Applicant/Sponsor Name 0 & tit Date 3 Signature Title QU2e r✓ W06kT,*WAA yn 11911y"4144& with this assessment. 5 , � • gpFFO(,� • PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE h`t` 0 P.O. Box 1179 ChairC .� Town Hall, 53095 State Route 25 H Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS Oif� �\� Fax(631) 765-3136 KENNETH L. EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2004 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Minor Subdivision for Steven Dubner Located s/o County Road 48 and e/o Cox's Lane in Cutchogue SCTM#s1000-84-4-6.1 and 7.1 Zone A-C Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 13, 2004: WHEREAS, this application proposes 5 lots on 53.77 acres where Lot 1 equals 46.17 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres in the A-C Zoning District; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.17 acres (Lot 1); therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, begin the SEQR coordination for this Unlisted Action; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps, dated as last revised September 5, 2003, subject to meeting the following conditions: 1. Submission of a new application fee in the amount of $1,760.00. 2. Amend the plat to show a common driveway with an emergency turn-around accessing Lots 3, 4 and 5. Dubner— Page Two — 9/14/04 3. Please submit a Road and Maintenance Agreement for the common driveway. 4. Submission of a draft Covenant and Restriction stating that the clustered open space equal to 39,621 sq. ft. is included within and apart of Lot 2. Any potential future subdivision of Lot 2 must deduct the clustered open space from the yield calculation. 5. The Covenant and Restriction must also include the following language: 'Prior to any construction activity, the project will require a General Permit for Storm-Water Run-off from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection under the Phase II State Pollutant Discharge Elimination System (SPDES) Program." Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, eight (8) paper prints and five (5) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the proposed subdivision and has determined that the parcel is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation for Lots 2 through 5 will be required. The amount to be deposited with the Town Board shall be $15,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator PLANNING BOARD METERS o��SpFFO(,��0O • P.O. Box 1179 JERILYN B.WOODHOUSE �`t` y ChairTown Hall, 53095 State Route 25 C2 C2 x Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS 'y?J�l �a0�' Fax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 9, 2004 Mr. Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, NY 11935 Dear Mr. Martin: Enclosed is one map, last revised 9/5/03, for Steven Dubner Subdivision of land located s/o County Road 48 and e/o Cox's Lane in Cutchogue. SCTM#1000-84-4-6.1 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation as to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, Mark . Terry Sr. nvironment Planner enc. Cl x /o y S , 3� O 0 _ ILA la 0 �1 - ewe. `�� c.e, t9-a-��2,✓�, �'t-�y 0-41S� ic�'.�j a i a�) t o cA l , v Ua,l S . ()Uik GL--I-kk�— SZA (- DU)J, b-P— I)ACI.; i n L) Z Cat riS co , i� •�t Submission Without a Cover Letter Sender: ( vIGL 0 �u vvi N� Subject: � !�(l v cs oY� C( Z-a t(-s' SCTM#: 1000- RLSEP E 0V E Date. � 0'3 1 7 2003 �`l Southold Town tannin Board Comments: r7L+ vne gUFFO(,� OFFICE LOCATION: MELISSA A.SPIRO Q'C CD Town Hall Annex LAND PRESERVATION COORDINATOR h`t` Gym 54375 State Route 25 melissa.spiro@town.southold.ny.us !4 (comer of Main Road&Youngs Avenue) ti Southold,New York x Telephone(631)765-5711 p Facsimile(631)765-6640y Q� MAILING ADDRESS: P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Memorandum C U E AUG 2 1 2004 D To: Mark Terry Senior Environmental Planner Southold Town Plannin BoarA From: Melanie Doroski Administrative Assistant Date: August 27, 2004 Re: DUBNER(south)to TOWN OF SOUTHOLD SCTM #1000-84-4-6.1 Premises: 3670 Cox Lane, Cutchogue ±53.78 acres Mark: At the request of Marian Sumner, I am providing you with a copy of the fully executed contract for the Town's purchase of development rights on land owned by Steven Dubner, identified as SCTM #1000-84-4-6.1. Melanie attachment R r COPY (South) FARMLAND DEVELOPMENT RIGHTS PURCHASE AND SALE AGREEMENT between STEVEN DUBNER and TOWN OF SOUTHOLD THIS AGREEMENT, made the day of , 2003, between STEVEN DUBNER, residing at 140 Half Hollow Road, Dix Hills, New York 11746 (hereinafter referred to as the"Seller'l and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (hereinafter referred to as the "Purchaser'l. WITNESSETH : 1. DESCRIPTION. The Seller agrees to sell and convey, and the Purchaser agrees to purchase the Development Rights, as hereinafter defined, in ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York designated as SCTM#1000-84-4-6.1 (the "Property" or the "Premises'. The area and dimensions of the Property are, however, subject to such changes and modifications consistent with the area and dimensions as shown on a survey (see 17 herein) and final subdivision map (see 15 herein). The parties acknowledge that Seller will seek subdivision approval 1 to retain three (3) building lots on the northwest portion (comprised of two lots approximately 1.5 acres each and one lot of approximately 1.6 acres in size) and a reserve area of three (3) acres in the north central portion from SCTM#1000-84-4-6.1. This 7.6 acres is excluded from this Purchase/Sale of Development Rights. 2. DEVELOPMENT RIGHTS DEFINED. "Development Rights" as the term is used in this Agreement shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as that term referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code % of the Town of Southold (the "Town Code'. The Development Rights to be acquired by the Purchaser and the rights of the Sellers are further defined and are set forth in the Grant of Development Rights Easement attached hereto as Exhibit W and made a part of this Agreement. The power and purpose of the Purchaser is limited to acquiring the Development Rights in lands presently used or suitable for agricultural production, as described in the attached Exhibit"A". Purchaser reserves the right, upon obtaining a survey and inspecting the Premises in relation thereto, to hold a public hearing on the acquisition pursuant to §247 of the General Municipal Law. Such acquisition must be approved by an affirmative vote of the Town Board and the adoption of an appropriate resolution following a public hearing. If the Premises are not 2 COPY entirely used or suitable for agricultural production, Purchaser may cancel this Agreement or, subject to Seller's further agreement, accept that portion of the premises which is suitable for agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. The Town of Southold Land Preservation Committee shall also approve the area from which the development rights will be acquired, such area to be shown on a survey obtained pursuant to 167 3. PURCHASE PRICE. The agreed purchase price is ONE MILLION-TWO.HUNDRED AND NINETY-THREE THOUSAND AND FORTY ($1,293,040.00) DOLLARS for the 46.18 acres contemplated to be encumbered under this Agreement, based upon a value of TWENTY- EIGHT THOUSAND ($28,000.00).DOLLARS per acre, and subject to a final survey of the premises (see 16 7herein). Purchaser and Seller hereby agree that if the final survey shows that the total acreage of the premises is different from the 46.18 acre figure used by Purchaser in determining the purchase price of ONE MILLION-TWO HUNDRED AND NINETY- THREE THOUSAND AND FORTY ($1,293,040.00) DOLLARS, the final purchase price will be adjusted at a rate of TWENTY-EIGHT THOUSAND ($28,000.00) DOLLARS per acre for each additional or subtracted acre or portion thereof. 3 The purchase price shall be payable by Town of Southold to the Seller at the Closing. 4. CLOSING DATE/LOCATION. The Grant of Development Rights Easement is to be delivered on or about sixty (60) days of receipt of a title policy and environmental audit, in a form and substance acceptable to Purchaser, or the recording of the final subdivision map in the Office of the Suffolk County Clerk, whichever occurs later. The Closing shall take place at the office of the Town Attorney, Town Hall, 53095 Main Road, Southold, N.Y. 11971, or such other location within Suffolk County of Purchaser's choice, unless otherwise agreed in writing. The delivery to and acceptance of the Grant of Development Rights Easement by Purchaser, the ' disbursement of the purchase price to Seller, and the execution of any other documents as may be reasonably required by Purchaser, Seller or the title company shall constitute the "Closing." 5. SUBDIVISION CONTINGENCY. This Agreement is contingent upon Seller receiving subdivision approval to separate the subject SCTM# 1000-84-4-6.1 into five (5) lots, consisting of one parcel approximately 46.18 acres in size, from which the development rights will be sold, three (3) building lots in the northwest portion (two (2) lots 1.5 acres in size and one (1).lot 1.6 acres in size) and one three (3) acre reserve area in the north central area from all necessary governmental authorities. Nothing herein shall be construed to be an approval of the subdivision by the 4 C� Op� Planning Board of the Town of Southold or a waiver of any provisions of the Town Code. Furthermore, nothing herein shall be construed to be the Town's preference for a particular layout or design. Consistent with paragraphs 1 and 7 herein, the Property from which the Development Rights are to be acquired herein shall be based upon the area and dimensions as shown on the approved and filed subdivision map. Seller may waive this subdivision contingency and seek to close this matter upon written notice to Purchaser. In such an event, the area from which the Development Rights are to be acquired by Purchaser shall be based upon the survey prepared in accordance with the provisions of 17 herein. 6. FURTHER SUBDIVISM. Seller reserves the right to subdivide the Property into parcels at least 10 acres in size. Subject to the subdivision approval contemplated herein and in 15 above, the property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 5 COPY 7. SURVEY. Purchaser and Seller will have the Property surveyed by a licensed land surveyor to determine the actual acreage of the area upon which the Development Rights are to be sold. The survey shall be based upon the area and dimensions as shown on the subdivision map prepared in accordance with 15 herein, unless Seller waives the subdivision contingency. The survey of the Property shall be paid by the Purchaser, at a cost not to exceed $7,000.00. The Seller shall be responsible for all other costs related to the surveying and mapping of the premises for subdivision purposes. 8. ENVIRONMENTAL INSPECTION. Purchaser may conduct an I/ environmental inspection of the Property. If the Town chooses to conduct such an inspection, the Purchaser's obligations under this agreement are subject to and conditioned on the receipt of a report verifying that there are no negative environmental conditions, including but not limited to debris, abandoned vehicles or wells or hazardous substances on or in the premises, including structures. The Seller shall have the right to remedy any defects raised by an environmental inspection, at his sole cost and expense, upon notice to the Town and within a reasonable period of time. In this event, Seller shall provide proof satisfactory to the Purchaser that such defects have been cured. If Seller elects not to remedy the defect(s), the Purchaser may cancel this Agreement and be reimbursed for the costs 6 of title examination, survey and environmental inspection, with no further liability between the parties, or the Purchaser may proceed to closing. 9. FORM OF EASEMENT. The Grant of the Development Rights Easement to be executed by Sellers and delivered to Purchaser at the closing shall be in the form approved by the Town Attorney, or his designated representative, and shall be in substantially the form which is annexed hereto as Exhibit "A". The Grant of Development Rights Easement shall be duly executed and acknowledged so as to convey to the Purchaser the Development Rights of the Property, free of all liens and encumbrances, except as herein stated, and shall be recorded in the Office of the Suffolk County Clerk. Purchaser shall be responsible for the recording fees in connection with the Grant of Development Rights Easement If the Seller is a corporation, it will deliver to the Purchaser at the time of the delivery of the Grant of Development Rights Easement hereunder a resolution of its board of directors authorizing the sale and delivery of the Grant of Development Rights Easement, and a certificate by the secretary or assistant secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of §909 of the Business Corporation Law. The Grant of Development Rights Easement in such case shall contain a recital sufficient to establish compliance with said section. 7 • • C� Op� 10. INSURABLE TITLE. The Purchaser may make its determination of whether the Property is free from all encumbrances, except as set forth in 112, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters having offices in Suffolk County. Purchaser may require the Seller to clear title exceptions raised to the satisfaction of the Purchaser, and if any is involved, the title company. In the event that the Seller is unable to convey the Grant of Development Rights Easement free from all encumbrances in accordance with the terms of this Agreement, Seller shall reimburse Purchaser for the costs of the title examination, survey and environmental inspection, and this Agreement shall be considered canceled with neither party having any further obligation to the other. 11. ACCEPTABLE ENCUMBRANCES. The Seller may convey and the Purchaser may accept the Grant of Development Rights casement subject to existing covenants and easements of record. In the event the property is to be conveyed subject to a mortgage, Seller shall include and record with the Grant of Development Rights Easement the written consent of the mortgagee. The Grant of Development Rights Easement may also be conveyed subject to the assessment of real property taxes, provided that at the time of Closing, all real property taxes are paid in full for the current tax (lien) year with no arrears. All other encumbrances, liens, 8 COPY assessments, charges, judgments, estates, taxes and other limitations shall be satisfied on or prior to Closing. 12. USE OF MONEY TO CLEAR TITLE. If at the date of closing there are any other liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall simultaneously either deliver to the Purchaser at the Closing instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording and filing said instruments. The Seller also agrees to provide duly executed Internal Revenue Service Form W-9 and to sign such proper vouchers for the closing check(s) as may be requested by the Town Fiscal Officer at least two (2) weeks prior to the date fixed for closing. The Purchaser, if request is made within a reasonable time prior to the date of closing title, agrees to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens and encumbrances shall not be deemed objections to title if the Seller shall comply with the foregoing requirements. 13. AFFIDAVITS AS TO JUDGMENTS. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the Seller, the Seller will, on 9 COFT request, deliver to the Purchaser an affidavit showing such judgment, bankruptcies or other returns are not against Seller, if such is the case. 14. OTHER DOCUMENTS AT CLOSING. Seller shall deliver at Closing: a) a certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10% thereof (or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. 15. SELLER'S REPRESENTATIONS. Seller represents that: a) the premises are agricultural lands used for agricultural production as defined herein; b) at no time, to the Seller's knowledge, has the Property been used for the generation, storage, or disposal of hazardous substances, or as a landfill or other waste disposal site; c) there are no hazardous substances or toxic wastes in or on the Property that may affect the Property or any use thereof or that may support a claim or cause of action under common law or under any federal, state or local environmental statute, regulation, ordinance or any other environmental 10 C� Op� regulatory requirement, nor has any action been instituted for enforcement of same; d) to the Seller's knowledge, there are currently no underground storage tanks on the Property, and none were located on the property; e) there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any environmental law, or the disposal, discharge or release or solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the premises or Seller's ownership or use of the premises; f) no consent or approval is needed from any governmental agency for the transfer of the development rights from Seller to Purchaser, and neither the execution of this agreement, nor the closing of title, will violate any environmental law; g) from the date of this Agreement to Closing, Seller will not remove any soil from the property from which development rights will be sold. 16. INDEMNIFICATION. Seller will defend, indemnify, and hold harmless the Purchaser against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering fees and other costs and expenses which may arise out of: 1) any inaccuracy or misrepresentation in any representation or warranty made by 11 COPY Seller in this agreement; 2) the breach or non-performance of any covenants required by this agreement to be performed by the Seller, either prior to or subsequent to the closing of title herein; or 3) any action, suit, claim, or proceeding seeking money damages injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law, or the disposal or release of solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights. This paragraph shall survive closing. 17. PUBLIC DISCLOSURE STATEMENT. The Seller, simultaneously with the execution and delivery of this Agreement, has also delivered the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time of the closing, the Seller shall submit a sworn statement that there have been no changes in interest sinc3 the date of this Agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court. 18. BROKER. The parties agree that no broker brought about this sale. 19. ENTIRE AGREEMENT. It is understood and agreed that all understandings and agreements had between the parties hereto are 12 COPY merged in this contract, which, with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. 20. MODIFICATION. The Agreement may not be modified, changed or terminated orally. This Agreement may be modified or changed only with the prior written consent of both Seller and Purchaser in each instance and any purported modification or change made without such consent shall be void. 21. BINDING EFFECT. This Aqreement shall apply to and bind the heirs, distributes, legal representatives, /successors and permitted assigns of the respective parties. 22. DEFAULTS AND REMEDIES. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not imited to, specific performance. 23. PURCHASER'S LIEN. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey, survey inspection and environmental audit charges, are hereby made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 24. NOTICES. Any notice or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective 13 • • COPY attorneys who are hereby authorized to do so on their behalf by certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party to whom the Notice is to be given, or to such other address as such party shall hereafter designate by Notice given to the other party or parties pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that each Notice delivered in person or by overnight courier shall be deemed given when delivered. 25. NO ASSIGMENT. This Agreement may not be assigned by Sellers or Purchaser without the prior written consent of parties in each instance and any purported assignment(s) made without such consent shall be void. 26. MISCELLANEOUS. If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read "Sellers" whenever the sense of this Agreement so requires. 27. SOUTHOLD TOWN BOARD APPROVAL. Execution of this Agreement by Purchaser and the closing contemplated herein are subject to approval by the Town Board of the Town of Southold in the form of a resolution, following a public hearing as required by applicable law. 28. New York State Department of Agriculture grant language. This Purchase of Development Rights may be subject to reimbursement from the New York State Department of Agriculture through a grant program. 14 • • copy Seller consents to the inclusion of language required by the State in the grant of Development Rights Easement. This language included, but is not limited to, a requirement that any amendments to the Easement must be authorized by the New York State Department of Agriculture. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto on a day and year first above written. STEVEN DUBNER, SELLER TOWN OF SOUTHOLD BY: e�'� J SHUA HORTON, SUPERVISOR C:/Anne/Town of Southold Farmland Purchase of Development Rights/Dubner final Farmland Purchase of Development Rights 15 08/04/2003 06:39 631-7 -7896 NORTFEAST NUP& PAGE 02/03 107/30/2003 02:50 631# NA 711 PECONIO LAPACE 02 OW UR'S B.NDOA 39MENT np STATE OFNEW YORK). SS D C u COUNTY OF SUFFOLK) D being duly ewo A 12003 I am. (cheek one) Southold Town Planning Board a PW Ownct in tee,or titc sok oww is fee,or sa olBcer of the eorpetatim which ie the owner in fee of the preaniw 4smW in the Ibileving applind9n. I ru"o at. w ME x,1435-` tag er MaRpm office I bene aathorieed MCONIC LAN))TRUST.INC.is rapreeeut me wM repro b IM COM10"6010a sabdirMm *Pk""tar SCTMMt lOM4444K« 7.1 T(a I o� si re/Tttie -- Do (If the owner's a corporation,pleue itxlicate the name of Me corpormon and the tide of the corporation other whose signature appears above.) AWLWW N t1Mt 1Mm� 08/04/2003 06:39 631-7 7896 NORTHEAST NU PAGE 03/03 07/30/2003 02:58 631711 PECONIC tANO PAGE e2 OWNER'S W4DOt686M9NT STATS OF NNW YORK): SS COMY OF SUFFOLK) MMU', ,4n/0 6 OSn rt- bwV duly Mom deposes and sayr: i gm.(geek one) a past owner in fce;or the$do owner in fee;or m OEM of the corporation which is the*%nor in fee of the preroiNt described in the fomwips application. I redde at; Melling Adh*n Ofile. I have RIltboeieed rZCQNIC LAND TItUST,INC.is rep *Mt at*a tn"d ee Ot eanurratleN wbdivWop ap'lies"Ar SCT'MM: I WM"4& !7.J ->IfvwwwTitle �'� �• � ,'� � Aatc (If the owner is s«OgwratiOm pleue indicate the tlattte of the corporation and the tide of the officer wboss sipature appear above.) . clary 1'nbtic g0.U5T2%, N A p� O C 0 Wt%l 'G July 31, 2003 Honorable Bennett Orlowski, Jr. Town of Southold Planning DepartmentD '� E 53095 Main Road D PO Box 1179 Southold,NY 11971 J J L Re: Dubner Conservation ubdivision scutho d Town SCTM#'s : 1000-84)k6.1 & 7.1 P!arr.ir, ouard qL Dear Chairman Orlowski: Enclosed please find the application, application fee, owner's endorsement form and disclosure form in relation to the above-referenced project. Thank you for your input during prior Planning Board work sessions. As you are aware, this conservation project will protect 75%of the total acreage through the sale of development rights to Southold Town. The 61.5-acre property is currently divided into 2 tax parcels (a 7-acre parcel and a 54.5 acre parcel). The plan calls for the creation of 3 building lots of approximately 1.5 acres each, as well as expansion of the existing 7-acre parcel into a 10-acre parcel along CR 48. Development rights will be sold on approximately 46 acres. Thank you for your facilitation of this important conservation project. If you need any additional information, please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs cc: Mark Terry 296 Hampton Road / PO Box 1776 / Southampton,NY 11969 /631-283-3195 Fax:636283-0235 / www.peconiclandtrust.org LASER FICHE FORM SUBDIVISIONS Project Type: Conservation Status: Final Approval SCTM # : 1000 - 84.4-6.1 Project Name: Dubner, Steven I Location: The property is located on the s/s/o County Road 48 and the a/s/o Cox's Lane, approximately 1320' west of Bridge Lane in Cutchogue. Hamlet: Cutchogue Applicant Name: Steven Dubner Owner Name: Steven Dubner Zone 1 : A-C Approval Date: 6/12/2006 PLAT Signed Date: 611q10 & OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement: Address: County Filing Date: SCANNED JUL 2 U 2006 Records Management SCAN Date: ROAD & DRAINAGE PLAN FREFfFRED FOR STEVEN DUBNER o _ N SITUATE: CUTCHOGUE TOWN: SOUTHOLD L)�� C - E SUFFOLK COUNTY, NEW YORK �� �� �� 4= - _ ` 1 SUFFOLK COUNTY TAX # 000-84-4-6.1 _ C� SURVEYED: 07-07-03 \ — / ✓� AMENDED 09-05-03, 01-29-04, 06-lb-04, 12-0-T-04, 01-18-2005 I G STEVEN 1DUBNER 000 140 HALF HOLLOW ROS \ � I � 0 1DIX HILLS,N.Y. 11746 r- _- - --- O V-�0\ z I � JUL ? 7 - v_ 0 16' ASPHALT DRIVENAY � O \ S / oto O I 3 _O '51-011 STORM WATER LEACHING .AST I c,wPae� aunv.r Pnrreau �1-1 � 1=16,11 -01 1611-01,16'-O" RO �aECTION 3'-0" 1 '6" CATCH BASIN =I=oTeoRrwa=��ea"n� �� o©oo 1 '411' 3°GRowN " o�©e - irrPIGALI— "1 SLDYC 19 I �- o� eb oI�I.�reR MA% TO I TCP501'_ rsJ h— E%IST N5 6R4pe � TO BE a 6,'=0" RO SECTION __ Ri<CD a seevev tJla" COMPACT€9 ^EARIN6 6" COMPACTED BASE COURSE GOL'RSE 3/4' 5-0N-- GLENO EXISTING BANK RUN OR OHER SUITABLE MATERIAL FIND BRAD€ 71 r �. oaoa4 DRAINAGE CALCULATION: 2" RAINFALL I * ,I DRIVEWAY AREA = 11905 S.F X 0.17 = 2024 OF. 4" 5T01\E BL€KD/RGA �I RUNOFF COEFFICIENT 0.6 X 2024 = 1.214 O.F NEEDED (4) 8' DIA. X 8' DEEP DRANAGE POOLS PROVIDE 1608 G.F. L I/2 BASE T JOAN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. N0. 50202 GRAPHIC SC-ALE 111= 30' RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF—\\Hp server\d\FROS\03-210.pro 0 30 60 90