HomeMy WebLinkAbout1000-116.-1-3IEXEUPT ~m ~ pu~ar~ to Amc~ e ~ m, sdf~
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Young & Young, £~nd Surveyors
STANDARDS OF~D. DEPARTMENT, EFFECTIVE AT ~ SUBMISSION,
OAT;'
Subdivision - "Mop of Country Club Estates"
Lot 30 -~ Suffolk Co File No. 6737. , ~ -
~ now or formerly North Fork Country Club S0U~HOLD~nW~
~ S 4" E S ~8'~ ~ q M:rsh Area ,-.
S
I
I
I
I
POreel to
'~ be COnve~d
~'~ Areo ~ fo the Town
~ 5L0000 ~ now o
~J ", Acres of *°Utho/d
W no~ o
H°d/ev ~ fOrme~
Lot 1
Area
no~ or
Area Lot 2
~ $?'6366 AcreS
N
N
now Or forrt~erly R/chord I. (~inSberg & Marvin M. ~'rown
SUFFOLK COUNTY DEPARTMENT OF .E~;I SE"VICES
BASED Upon THE INFORMA110N SUBMI'rfED FOR ~ PROJECT, FLUNG
OF A REALTY ~dJBOI'VlSION OR OEYELOPMENT J~AP WITH THIS CIEI~ARI~IENT
IS NOT REQUIRED ~ THE tERMS OF ARI~CI~E 5 OF THE SUFFOLK '
COUNTY SANITARY COOE"~INCE ALL PARCELS ARE RESIDEN11AL AND EACH
SUBDIVIDED PARCEL IS GREAT~-.J~I..~AAN § ACRES IN AREA.
APPLICAllON MUST BE MADI~ FOR APPRO~L.~OF CONS'JRUC'JlON OF WATER
NOTE:
1. · = MONUMENT FOUleD
2. IlOTAL AREA = 104.O270 ACRES
3. ZONING USE DISIRICT~
AGRICULTURAL CONSERVATION
MINOR SUBDIVISION
PREPARED FOR
P£CONIC LAND IRUST
At: CUTCHOGUE Town of: SOUTHOLD
Suffolk County, New York
LOCATION MAP
SCALE: 1' = 600'
DATE
SCALE
JOB NO.
~HEET NO.
:MAY 27, 1997
: 1'= 100'
: 97-O39B
(PE970398.DWG)
PLANNING BOARD IV[EMBERS
BENNETT ORLOWSKI, JR.
Chairman
W~LLIAM J. CREMERS
K~NNETI-I L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 25,1997
Tim Caufield
Peconic Land Trust
P.O. Box 2088
Southampton, NY 11969
Re: Minor subdivision for William J. Baxter and the Peconic Land Trust, Inc.
(a.k.a. Fort Corchaug Property)
SCTM# 1000-116-1-3
Dear Mr. Caufield:
The Southold Town Planning Board Chairman endorsed the final survey dated
May 27, 1997 at the June 23, 1997 work session. Conditional final approval was
granted on June 9, 1997. All conditions have been fulfilled.
Enclosed is a copy of the map which was endorsed by the Chairman.
Please contact this office if you have any questions regarding the above.
Sincerely,
Bennett Odowski, Jr.
Chairman
enc.
cc: Tax Assessors
Building Department
PLANNING BOARD IV[EMBERS
BE%NETT ORLOWSKI, JR.
Chairman
WILLL~M J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATH.a~M, JR.
RICHARD G.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telophone (516) 765-1938
June 10, 1997
PLANNING BOARD OFFICE
TOWN OFSOUTHOLD
Timothy J. Caufield
Peconic Land Trust
296 Hampton Road
P.O. Box 2088
Southampton, NY 11969
RE:
Proposed Minor Subdivision for
William J. Baxter and
the Peconic Land Trust, Inc.
(a.k.a. For[ Corchaug Property)
SCTM# 1000-116-1-3
Dear Mr. Caufield:
The following took place at a meeting of the Southold Town Planning Board on
Monday, June 9, 1997:
The following resolution was adopted:
WHEREAS, on June 2, 1997, the Planning Board received the application
materials to subdivide the 104.0270 acre parcel owned by William J. Baxter Jr.
and the estate of William J. Baxter into three (3) lots; and
WHEREAS, the Peconio Land Trust has prepared a limited
Development/Conservation Plan for the 104.0270 acre parcel using a variety of
private and public conservation tools toward the protection of a significant
archaeological site, active farmland, and pristine woodland with limited
residential development; and
WHEREAS, Lot 1 is proposed as a 15.3905 acre wooded parcel that the
Peconic Land Trust is under contract to sell in January of 1998 subject to a
reserved easement reducing the development potential of the property to one
residential unit; and
WHEREAS, Lot 2 is proposed as a 37.6366 acre parcel, a major portion of which
the Peconic Land Trust is negotiating for the development rights to be
purchased by either Suffolk County or the Town of Southold; and
Baxted Peconic Land Trust, Inc.
June 10, 1997
Page 2
WHEREAS, Lot 3 is proposed as a 51 acre parcel to be conveyed to the Town of
Southold, and as set forth in the Town Board resolution dated May 27, 1997, the
Supervisor has been authorized and directed to execute any and all required
documents for the acquisition of said property; and
WHEREAS, as detailed in a letter from his attorney, Charles R. Cuddy, dated
May 29, 1997, William Baxter Jr., on behalf of himself and the estate of William
J. Baxter, has agreed to withdraw the pending seventeen (17) lot proposed
subdivision for the property; be it therefore
RESOLVED that the Southold Town Planning Board grant sketch .approval on
the map dated May 27, 1997.
Further, the following resolution was also adopted:
WHEREAS, the Planning Board has determined that the proposed subdivision
plat, which allows for the preservation of the property through a joint acquisition
effort of Town Purchase, purchase of development rights and the use of
conservation easements, is a plan which provides for the protection of the
archeological resources which were of prime concern during the Planning
Board's review of the original seventeen lot proposal; and
WHEREAS, the Planning Board has determined that the proposed subdivision
will not have a significant adverse impact on the environment; be it therefore
RESOLVED that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, do an uncoordinated review of this unlisted
action. The Planning Board establishes itself as lead agency, and as lead
agency makes a determination of non-significance and grants a Negative
Declaration.
Further, the following resolution was also adopted:
BE IT RESOLVED to adopt the report dated June 4, 1997, from the Suffolk
County Planning Commission with the following amendments:
1. Condition Number 3 is to be omitted.
Any construction or activity which would adversely affect the archeological
integrity of the site is addressed by the joint acquisition effort of Town
Purchase, purchase of development rights and the use of conservation
easements.
2. Condition Number 5 is to be omitted.
Access to Lots 2 and 3 shall be subject to review and approval by the
NYSDOT.
Baxted Peconic Land Trust, Inc.
June 10, 1997
Page 3
3. Condition Number 9 is to be omitted.
Any construction or activity which would adversely affect the site is
addressed by the joint acquisition effort of Town Purchase, purchase of
development rights and the use of conservation easements.
The final public hearing, which was held at 7:05 P.M. was closed.
The following resolution was adopted:
WHEREAS William J. Baxter Jr. and the estate of William J. Baxter are the
owners of the property known and designated as SCTM# 1000-116-1-3, located
on the south side of Main Road and the north side of New Suffolk Road in
Cutchogue; and
WHEREAS, this proposed minor subdivision, to be known as Minor Subdivision
for Peconic Land Trust, is for 3 lots on 104.0270 acres as described in the
Planning Board's resolution granting sketch plan approval; and
WHEREAS, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, (Article 8, Part 617) declared itself lead
agency and issued a Negative Declaration on June 9, 1997; and
WHEREAS, the final public hearing was closed on said subdivision application
at the Town Hall, Southold; New York on June 9, 1997; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice
of Public Hearing, has received affidavits that the applicant has complied with
the notification provisions; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
Southold have been met; be it therefore
RESOLVED that the Southold Town Planning Board grant conditional final
approval on the surveys dated May 27, 1997, and authorize the Chairman to
endorse the final surveys subject to fulfillment of the following condition (s). All
condition(s) must be met within six (6) months of the date of this resolution:
Submission of five final maps, all containing a stamp of approval from
the Suffolk County Department of Health.
Please feel free to contact the office if you have any questions regarding the
above.
Sincerely,
Bennett Orlowski, Jr. /
Chairman
Ba~ed Peconic Land Trust, Inc.
June 10, 1997
Page 4
CC~
eric.
Charles Cuddy, Attorney for William Baxter Jr.
Jean Cochran, Southold Town Supervisor
Town Board Members
Southold Town Landmark Preservation Commission
Joe Gold, Southold Town Land Preservation Committee
Stephen Jones, Director, SC Department of Planning
William Peters, Cutchogue-New Suffolk Historical Council
Abagail Wickham, Attorney for Russell McCall
T,,,,. i~,:;'.,' _:.' .... ~' ~,/ofso~
n~o M~R SUBDIVISION I8 Fn~ - -~
~h~ s~siSe_ o~ Haio v, ~9~LOTS ON~.~'AC~~
~No~ suno~vrszo~oao~
Complete applicatiou received
LOCATED ON
Application reviewed at Work session
Applicant adv!sed of necessary revisions
Revised submission received
Sketch plan approval -with conditions
Lead Agency Coordination
SEQRA determination
Sent to Fire Commissioner
Receipt of firewe]l location
Notification to applicant to include on final map
Sent to County Planning Commission
Receipt of County Report
Review of SCPC report
Draft Covenants and Restrictions received
Draft Covenants and Restrictions reviewed
Filed Covenants and Restrictions received
Receipt of mylars and paper prints with
Health approval .
Final Public Hearing
Approval 'of Subdivision -with conditions
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
Re:
The following statements are offered for your consideration
in the review of the above-mentiohed minor subdivision and its
referral to the Suffolk County Planning Commission:
(1)
No grading, other than foundation excavation for a
residential building is propcsed.
(2)
No new roads are proposed and no changes will be made in
the grades of the existing roads.
(3) No new drainage structures or alteration of existinc
structures are proposed.
Yours truly,
APPLICATION FOR APPROVAL OF PLAT
' To the. Planning Board of tile Town of Southold: ....
The undersigned applicant hereby applies for (tents/lye) (final)app,'oval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Toxvu
. Planning- Board, and represents and states as folloxvs:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
3. The entire land under applicaiion is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The land is held by'the applicant under deeds recorded in Suffolk County Clerk's office as
follows: . '
Liber ........................ Page ...................... On ...
Liber ....................
........................ Page ...................... On
Liber ~, ....................... ;
.......... ~ ...... rage ...................... On .
Liber ..............
......... - · ·. Page .........
", .......... . .On ..:...,
5 T~e area of the land ~s .l.O. 5~...OM~.q ..... acres.
6. Ali taxes which are liens o'n the land at the date hereof have been' paid excep't ..........
The land is encumbered by ...... ~..
mgrtgage (s) as follows: ................................
(a) M'ortgage recorded in Liber } ~, ~,~'.,.~ Page ~' 'ff'(Q...'. in original amount
of $../.0..9~0.O..O.... unpaid amount $ ............ . ......... held by .........
~" ~'n' K' %71~.t(% 'F address
Pa,-e 2. {oq ' ' ..........................
(b)~;,..~.fortg'age recorded in Liber J ~ff...2.'[ .. "' ....... in original amount
" '~ -- SOUTI~OLD TOWN
Pt~NNINO BOARD
................ in original amount
............. unpaid amount $ ........ .:.: ............held br ~..~.~.r..~...,~.~)4..
address -
8. There are no other encumbrances or liens againat the land ~xc~p~ ~
9. The land lles in the following zoning, use districts . ~ - ~
10. No part of the land lies under.water whether tide water, stream, pond water or otherwise, ex-
. .. .~
11. The applicant shall at his expense install all required public improvements.
12. The land (does) ~ie in a Water District or Water Supply District. Nam~ of Dis-
trict, if within a District, is ........
13. Water mains w/Il be' lakl by . ...... ~.
and (a) (no) charge wil} be made for installing said mains.
14. ~lectric lines and standards w/II be ~nstalled by .......... . ....
lines. ' ............ and (a) (no) charge will be made for installing said
Gas mains will be installed by '~
and (a) (no) charge ~vill 1~;'~2',"5" ' ........................................
-- ...uae mr mstauing said mains
If streets sh6wn o ~ the plat are claimed by the applicaut to be existing public streets
Suffolk ~unty Ihgh~ay 'ystem, annex Schedule "B" hereto, to show same. in
If sffeets ~hown on the plat are claimed the appli~n~ to be existing pnbHc streets in the
Town of Southold II ,, wa ...... by ·
z ~ySrem, annex Schedule C hereto to show same.
~8. There are no exlstin~ buildiugs or structures on the land which are not located and shoxvn
on the plat. '
19. Where the plat shows proposed streets which are extensions t,~ streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
~xistin~ maps at their conjunctions with the prop.~ed streets.
20. In the course of these proceediags, the aPl~licant will -fret proof of title as required by See.
335 of the Real Property Law. -
21. Submit a copy of proposed deed for lots ~howin~ all restricth-ms, covenants, etc. Annex
Schedule "D".
15.
16.
17.
22. The applicant estimates that the cost of grading and required public impr6vements will be
$ .......... as itemized in Schedule "E" hereto annexed and requests that'the maturity of the
Performance Bond be fixed at .............. years. The Performance Bond will be xvritten by
a licensed surety company unless otherwise shoxvn on Schedule "F".
(Name of Applicant) ,, ~-
(Sign at~re~ a~ad~Title)
~.o..~.o.~ ~ u~,.. ~.~.~.~%
(Address)
STATE OF NEW YORK. COUNTY' OF ............... ss:
Onthe ~'~ da ~'~' ~
~ " ';i ..... '2 .... ~, ~ ~ .... ~.~ ................ 19~., before me personall came
.... '/'{~"(~.-- Y ........ to }ne known to be the 'n;}vidual described in aJd who
executed the f°~egoing instrument, and acknowledged that . ~... executed the same
.......... .....................
STATE OF NEW YORK, COUNTY OF .............. ss:
.... ..... ........ .......
. ' ..... : '. ................. to me known, who being by me duly sworn did de-
pose antl say that . k~ ........ resides at No .......
................................. that ......................... is the ~t~.~...
the corporation described in and which executed the torugoing instrument; that ..~'. ...... knows
the sea~ of said corporation; that the seal affixed by order ut the board of directors o[ sa'id corporation.
and that ............ signed .............. name thereto by like order.
N~ publ~. State ~ ~w~ r ' '
No. 52~372~ . ~otaryr~ublic ................
~ ' [,N u' )ARD
TO..~ O~7'S 01 ~ .I~,'OL O
· SU t L K=~ 0,1~'~T y
;'-/i ~ "7~ .
Southold, N.Y. 11971
(516) 765-1928
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATIONS FORMS TO THE PLANNING
Please complete, sign and return to the Office of the Planning
Board with your completed applications forms. If your~ a~swer-
to any of the following questions is ~es, please indicate
these on your guaranteed survey or submit other appropriate
evidence; '
1. Are there any wetland grasses on this parcel? ~
(Attached is a list of the wetland grasses defined
by the Town Code, Chapter 97, for your reference)
2. Are there any other premises'under your ownership
abutting this p~rcel? Yes
3. Are there any building permits pending On
this parcel?
Yes
Are there any other applications pending
etc.)
certificat~
if yes please submit.a copy of same
concerning this property before any other
department or agency?(Town , State, County, Yes
5. Is there any application pending before
any other agency with regard to a different
project on this parcel?
- Yes
6. Was this property the subject of any prior
application to the Planning Board? ~
7. Does this property have a valid
of occupancy,
No
Yes No
I certify that the above statements are true and will be relied
on by the Planning Board in considering this application.
Sight,re O~operty owner or authorized agent ~ate
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
The following statements are offered for your consideration
in the review of the' above-mentioned minor subdivision and its'
~eferral to the Suffolk County Planning Commission:
(1)
No grading,
residential
other than f'oundation excavation for a
building is proposed.
(2)
No new roads are proposed and no changes will be made in
the grades of the existing roads.
(3) No new drainage structures or alteration of existing
structures are proposed.
Yours truly,
Attachment to questionnaire for.the Planning Board
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss:
On the ~ day of ' k~/~ , 19~ before me personally'.
came__~ ~ _~ . to me known to be t~e
~ ~n"an='wno executed the foregoing instrument,
and acknowledged that~ executed the same.
CLmthla A. Boumnaie
Notary Public, State of New York
_ No. 52-4837200
uual fled in Suffolk Coun~
COmmission Expires Apli~ 30, ~
14-16-2 [2/87]--7c
617.21
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
SEQR
Purpose: The full EAF is designed to help aPplicants and a§encies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent-
I¥, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. Ih addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: 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 id(;ntified as potentially-large, then Part 3 is used to evaluate w~ether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions
Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 I-IPart 3
Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
[] A. The project will not result in any large an'd 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 si§nif'icant effect on the env ronment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be prepared.*
[] C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
* A Conditioned Neg~ative Declaration is only valid for Unlisted Actions
Name of Action
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer)
Date
5. Approximate percentage of prop I project site'with slopes: E~0-10% ~ % 1310-15% /P. %
1-115% or mte~
6. Is project substantially coni:iguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? ,J~,Yes I-1No
~'7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? r'-iYes [~o
8.. What is the depth of the water table? ~-2,~ (in feet) ,~l/'e/Z~-~,~_ / ~ /
9.' Is site located over a primary,, principal, or sole source aquifer? r-lyes I-1No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~Yes I-1No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
I~No According to-'O~-I~-P ~l~ "~ ,,--elt'~,~
Identify each species C~.,-~.,1.
12. Are there any unique Or unusual [and forms on the project site? (i.e., cliffs, dunes, other §eological formations)
E~]Yes I~No Describe
13. Is the project site presently used by the community or neiBhborhood as an open space or recreation area?
I~Yes I~No If yes, explain
14. Does the present site include scenlc views known to be i'mportant to the community?
I~Yes [~No
1.5. Streams within or contit]uous to project area: ~ 0u~/~ & {'~A,~ ~. ~,
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area: .
a. Name '~l~ud~ C~..~_I~ b. Size (In acres) ~- ~ ///2..,
17. Is the site served by existing public utilities? [~,Yes
a) If Yes, does sufficient capacity exist to allow connection? I~.Yes I-1No
b) If Yes, will improvements be necessary to allow connection? I'~Yes E~No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? r-lYes [~No
· 19 Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 6177 I-lYes ~No ·
20. Has the site ever been used for the disposal of solid or hazardous wastes? ~Yes ~;]No
C
B. Project Description
1, Phy$icat dimensions and~ scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or co~trolled by project sponsor ~0
b. Project acreage to be developed: /¢"/.,~-acres initially;
c. Project acreage to remain undeve!oped A/,/,I~- acres.
d. Length of project, in miles: /V'/~'""-(If /
appropriate)
e. If the proiect is an expansion, indicate percent of expansion proposed Jt,/'/,~ %;
f. Number of off-street parking spaces existing: /~'/~'~. ; proposed
g. Maximum vehicular trips generate~ per hour ~'//~ (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family
Initially
Ultimately
i. Dimensions ('in feet) of largest proposed structure _ height;
j. Linear~. 'feet of. frontage... :."al°ng a p, ublic, thoroughfar~e project, will occupy is?
3
width; ,
ft.
acres.
acres ultimately.
Condominium
length.
25. Approvals Required:
City, Town, Vdlage Board [~Yes ENo
City, Town, Village Planning Board EYes ENo
City, To~,n Zoning Board [~Yes E3No
City, County Health Department []Yes F1No
Other Local Agencies [Yes F'lNo
Other Regional Agencies [~Yes
State Agencies [~Yes [No
Federal Agencies EYes ENo
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? ~.yes ~]lNo
If Yes, indicate decision required:
Ezoning amendment C/zoning variance Especial use permit ..~ubdivision [3site pla~
~]new/revision of master plan Eresource management plan /~other
2. What is the zoning classification(s)of the site? /~'(~¢
3. What is the maximum potential development of the site if devel~)~.ed as permitted by the present zoning¢
4. What is the proposed zoning of the site? /f~ ~
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is the proposed action consistent w'ith the recommended uses in adopted local land use plans? l~Yes ~No
7. What are the predominant land use(s) and zoning classifications within a ~¼ mile radius of proposed action?
C
8. Is the proposed action compatible with adjoining/surrounding land uses within a ~¼ mile? ~Z1Yes ~No
9. If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed? -/ ~" ~?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes
11. Will the proposed action create a demand for any community provided services (recreation. education, police.
fire protection)? []Yes [~o
a. If yes, is existin, g capacity sufficient to handle projected demand? ~]Yes I~No
12. Will the proposed action result in the generation of traffic significantly above present levels? EYes
a. If yes, is the existing road network adequate to handle the additional traffic? EYes E3No
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
Applicant/<~p..~or hlal~eIJi_~e_~,~.~. ('.~ --('~*o~"'~ .~--~,e.~?~.A~.- ~ Date~!f~l~iQ~l
If the action is i~ the CoastJ[ Area, and you are a state agency, complete the Coastal Assessment Form before proceeding
with this assessment.
5
IMPACT ON WATER
3. Will proposed action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
ON• OYES
Examples that would apply to column 2
~ Developable area of site contains a protected water body.
· Dredging more than 100 cubic yards of material from channel of a
protected stream.
· Extension of utility distribution facilities through a protectJd'water body.
· Construction in a designated freshwater or tidal wetland.
· Other impacts:
4. Will proposed action affect any non-protected existing or new body
of water?
ON• ~]YES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
' Construction of a body of water that exceeds 10 acres of surface area.
· Other i.mpacts:'
5. Will Proposed Action affect surface or groundwater
quality or quantity? ON• ~iYE.S
Examples that would apply to column 2 '
· Proposed Action will require a discharge permit.
· Proposed Action requires use of a source of water ·that does not
have approval to serve prbposed {proiect) action.·
· Proposed Action requires water supply from w~lls with greater than 45
gallons per minute pumping capacity.
· Construction or operation causing any contamination of a water
supply system.
· Proposed Action will adversely affect groundwater.
· Liquid effluent will be conveye J off the site to facilities which presently
do not exist or have inadequate capacity.
· Proposed Action would use water in excess of 20,000 §all•ns per
day.
· Proposed Action will likely cause siltation or other discharge into an
· existing body of water to the,~xtent that there will be an obvious visual
contrast to natural condition~. '
· Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
· Proposed Action will allow residential uses in' areas without water
and/or sewer services.
· Proposed Action locates commercial and/or ind6strial uses which may
require new or expansion of existing waste treatment and/or sto.rage
facilities.
· Other impacts:
6. Will proposed action alter drainage fl0w or patterns, or surface
water runoff? ~]NO [~YES
Examples that would apply to column 2
· Proposed Action would change flood water flows.
7
Moderate
Impact
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
Potential
Large
Impact
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
,Can Impact Be
Mitigated By
Project Change
[]Yes []No
OYes •No
[]Yes -[]No
OYes []No
["]Yes []No
[~]Yes []No
[]Yes' []No
I-lyes []No
[]Yes []No
OYes E')NO
[]Yes []No
Oyes []No
I-lyes []No
[]Yes []No
[]Yes []No
~-lYes []No
[~Yes []No
[]Yes []No
OYes •No
[]Yes []No
E]Yes [-)No
· Construction activity would excavate or compact the soil profile of
agricultural land.
· The proposed action would irreversibly con~ert more than 10 acres
of agricultural land or, if located in an Agricultural District, 'more
than 2.5 acres of agricultural land
· The proposed action would disrupt or prevent installation of agricultural
land management systems {e.g., subsurface drain lines,' outlet ditches,
strip cropping); or create a need for such measures {e.g. cause a farm
field to drain poorly due to increased runoff)
· Other impacts:
IMPACT ON AESTHETIC REsoURcEs
11. Will proposed action affect aesthetic resources~ i--iNO I~YES
(If necessary, use the Visual EAEAddendum in Section 617.21,
Appendix B,)
Examples that would apply tO column 2
· Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding [and use patterns, whether
man-made or natural.
· Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
· Project components that will result in the elimination or significant
screening of scenic views known to be important to the area.
· Other impacts:
Ir,~PACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance~ E]NO E]YES
Examples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially
contiguous to any facility or si'te listed on.the State or National Register
of historic places.
· Any impact to an archaed~ogical site or fossil bed located within the
project site.
· Proposed Action will occur in an area designated as sensitive for
archaeological sit~s on the NYS Site Inventory.
· Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that would apply to column 2 E]NO E]YES
C · The permanent foreclosure of a future recreational opportunity.
· A major reduction of an open space important to the community.
· Other impacts:
m~ 2 3
S to.' Potential Can Impact Be
Moderate Large . Mitigated By
Impact Impact Project Change
[] [] F-lyes []No
[] [] []Yes ,[]No
[] [] E]Yes E]No
[] [] []Yes f"lN0
[] [] []Yes []No
[] [] E]Yes []No
[] [] I-lYes D-]No
[] [] []Yes []No
[] [] []Yes E]No
[] [] E]Yes E]No
[] [] I-lYes []No
[] [] []Yes [-]No
[] [] nYes Ir--INo
[] [] []Yes []No
[] ' [] I--lYes []No
IMPACT ON GROWTI-~D CHARACTER
OF COMMUNI~;Y OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community?
E3NO I-lYES
Examples that would apply to column 2
· iThe permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
· The municipal budget for capita[ expenditures or operating services
will increase by more than ,5% per year as a result of thi's project.
· Proposed action will conflict with officia][y adopted plans or goals.
· Proposed action will cause ,3 change in the density of land use.
· Proposed Action will replace or eliminate existi'ng facilities, structures
or areas of historic, importance to the community.
· Development will create a demand for'additional community services
(e.g. schools, police and fire, etc.)
· Proposed Action Will set an important precedent for future projects.
· · Proposed Action will create or elimir~ate employment.
· Other impacts:
~t 2 3
Sm o ' Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] f-lYes [=]No
[] [] []Yes ~]No
[] [] [-]Yes I-~No
[] [] [:]Yes ~No
[] [] F-lYes I-]No
[~ [] []Yes [-~No
[] [] E]¥es E:]No
[] [] ~Yes []No
[] [] E:]Yes .[=]No
19. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts? I-INO []YES
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared i~: one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impa. ct.
2. Describe (if applicable) ho'w~the impact could be mitigated or reduced to a small to moderate impact by project change(s),
3. Based on the information available, decide if it is reasonable to conciude that this impact is important:
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or will be controlled
· The regional consequence of ~he impact
· Its potential divergence from local needs and goals
· Whether ~(nown objections to the project relate to this impact.
(Continue on attachments)
11
0[/./1
Appendix B
lie E. nvironmontal Quality I~vie~t
'Visual EAF Addendum
C
This form may be used to provide additional information relating to (;luestion 11 of Part
the Full EAF.
(To be completed by Lead Agency)
Visibility
I. Would the project be visible from:
· A parcel of land which is dedicated to and available
to the public for the use, enjoyment and appreciation
of natural or. man-made scenic qualities?
· An overlook or parcel Of land dedicated to public
observation, enjoyment and appreciation of natural
or man-made scenic qualities?
· A site or structure listed on the National or State
Registers of Historic Places?
· State Parks?
· The State Forest Preserve?
· National Wildlife Refuges and state game refuges?
· National Natural Landmarks and other outstanding
natural features?
· Hational Park Service lands?
· Rivers designated as National or. State Wild, Scenic
or Recreational?
Distance Between
Project and Resource (in Miles)
O- V4 1/4-1/2 ~/=-3 3-5 5 +
[]
[]
[]
[]
[] [] [] []
[] [] [] []
[] [] [] []
[] [] [] []
[] [] [] [] []
[] [] [] [] []
· Any transportation corridor of high exposure, such
as part of the interstate System, or Amtrak?
· A governmentally established or designated interstate
or inter-county foot trail, or one formally proposed for
establishment or designation?
· A site, area, lake, reservoir or highway designated as
scenic?
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
Municipal p~.rk, or designated open space?
County road}
State?
Local road?
[] [] [] [] []
[] [] [] [] []
2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other
oyes •No
3. Are any of the resources checked in quest!on 1 used by the public during the time of year
during which the project will be visible?
I-lYes ElM•
61
A SEQ
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only '
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsori
I. APPLICANT/SPONSOR
2. PROJECT NAME '~'
4. County
PRECISE LOCATION (St['eet address and road intersections, promine~l ~Andmarks, e~C., Or provide maD) ~ ~
- - Rf . S ' ' -
..
5.. lB PROPOSED ACTION:
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF I.AND AFFECTED:
tnitlally ~ __ acres Ultimately O
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
"~Yes , [~ NO If NO, describe briefly
WHAT lB PRESENT LAND USE IN VICINITy OF PROJECT?
Descri~3e: 9~ ~s u~$~o~/
[] Commercial '~Agricult ute
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
ODES ANY ASPECT OF THE ACT~CN HAVEA CURRENTLy VALID PERMIT OR APPROVAL~ H~;~ ~v~l~
~ Yes ~o H ye~, Fist agency name and pe~mil/apg~Oval
t2. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MCORP CATION~
[] Yes
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE ~EST OF MY KNOWLEDGE
. J If the action.is in the Coastal Area, a"~'~'d you are a sta' .... -"~-. ~ -]
~ ' ~= ug~ncy, complete me
L__. Coastal Assessment Form before'proceeding with this assessment J
OVER
1
~ ~ ....... '~"~'~ Ho De comp eted by Agency)
A. DOES ACTION E.~.CEED ANY TYpE I THRESHOL~
[~] Yes (]No ~ , 7.12. ,, yes, coo.,.[l~nate ,ne rev,aw process and use the FULL EAp'
B. WILL ACT[ON RECEIVE COORDIN~ PROVIDED FOR UNLISTE~ ACTIONS IN NYCRR. PAnT 617.67 If NO, e negatlve~ec*ar~tlon
may be superseded by another Involved agency.
Cl. Existing air quatity, surface or groundwaler quality or quanlity, noise levels, existing traffic patterns, solid waste production or disposal,
polential lot erosion, drainage or flooding problems? Explain brietly:
C7. Other impacts (including changes in use Of either quantily or type ot energy)? Explain t3rietly.
O. IS THERE. OR I$ THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL
[] Yes [] NO If Yes, explain brielly IMPACTS?
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration;
irreversibility; (e) geographic scope; and (f) magnitude. If necessary-, add attachments or reference supporting materials. Ensure tha~
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
[] Check this box if ~/ou have identified one or more POtentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
2
APPLICATION FOR APPROVAL OF PLAT
' To the. Plannln~, Board of the Town of Southold: ....
Tile undersigned applicant hereby applies for (tentailve) (final) app,'oval of a subdivision Plat in
accordance w/th Article 16 of the Town Law and the RaleS and Regulations o£ the Sou~hold Town
· Planning Board, and represents and states as follows:
1. The applicant is the o~vner o£ record of the land under application. (If the applicant is not the
owner o£ record of the land under application, the applicant shall state his interest in said
land under application.)
ZThe name of the subdivision is to be Mi
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
suggested.)
4. The land is held by'the applic~n~ under deeds recorded ia Suffolk County Clerk's office
follows: .
Liber ........................ Pa~e ............. On
Liber ........................ Page ...................... On ..................
Liber ........................ Pa~e ......................
Liber ........................ Pa~e .............. On .
~ ~'~ ~ ~ '~ "_~" . , .......
5. The area o~ the land is '. ~..0~.~ ..... acres.
6. Ail taxes which are Hens on the land at thc date hereof have been' paid excep't .......... :.
, 7. The land is encumbered by ~ .............
mprt~a~e (s) as follows: ......... ' .................. ....
of $ ~9~.0~ ... unpaid amount $ ............ .~ ........ held by ~.C~ .........
~mK~ U~T address
of 0~ unpaid amount $ ...................... held by
(c) ~'~.-.~'~e recorded in Liber . ~.~1 .... Page . ,~Tq in orlglnal amount
...................... address '
8. There are no other encumbrance~ or liens against the land
9. The land lles in the folloxvlng zoning use districts · ·
I0. No part of the land lie~ under.w~ter whether tide water, stream, pond water or otherwise, ex-
I1. The applicant shall at his expense install all required public ~mprovements.
12. The land (does) '~[e in a Water District or Water Supply District. Nram'e of Dis-
trice, if within a District, is ........ ~ ..............................................
13. Water mains wilI be' lald by . ...... ~ ....................
and (a) (no) charge will be made for install~ng said mains.
14. Electric lines and standards w/Il be installed by .......... ~ ......................
lines. ' ............. and (a) (no) charge will be mad~ for installing smd
16. If streets shown on thc plat are clahncd by the applicaot to be existinff public streets in the
Suffolk Count7 I'lighway system, annex Schcdule
~ hereto, to show same.
17. If streets ~hown on the plat are cla~med by the applicant to be ex~sth~g '
Town of Sonthold INghwav system, ammx Schedule "C' publlc streets in the
' hereto to show s~me.
18. Th'crc arc no exlstin~
on the plat. buildings or structures on the land which are not loca~ed and shown
19. ~hcrc the plat slmws proposed streets which are extensions t~ streets on adjoinh~ sub-
division maps heretofore ~iled, there are no reserve str~ps at the end o~ the streets on said
~xlstin~ maps at thcir conjunctions with the proposed streets.
20. In the COurse of these procccdh~gs, thc al~pl[cant will oifcr lmm~ o~ title as required b7 Sec.
335 of thc Real Property Laxv.
21. SuSmit a copy o[ proposed dced ~or lots ~howin~ all restrictions, cox'enants, crc. Annex
Schcdulc "D".
22. The applicant estimates that the cost of grading and required public imprsvement$ will be
$ .......... as item[zed in Schedule 'E" hereto ann,×ed and requests that'the maturity of the
Performance Bond be fixed at ............ '.~ years. The Performance Bon~l will he written by
a Hcensed suret~ company unless, otherwise 'shown on Schedule "F".
DATE ............................... 19 ..
(Name of Applicant)
(Signat~r4 andl~Title)
(Address)
STATE OF NEX~ YORK. COUNTY OF .............. . .... ss:
.... [ ....... ,o
executed the f°~egolng instrument, and a~knowledged that . ~ ..... executed the same
.......... ' .....................
STATE OF NEW YORK, COUNTY OF .............. ss:
......................
f. ..- ................ to me known, who being by me duly sworn did de-
p6se and say th~ . ~C ........ resides at No .................................... ~ ...... · .
.................................. that ....................... is the .~t~ ....
the corporation descrHmd in and which executed the for~oinR instrument; that ..~'. . knows
the seal of sah[ curporation; that the seal affixed by order of the board of directors of sa'id corporation.
nmi that ............ signed .............. name thereto by like order.
N~ ~ub~$tat~ ot ~ . ' ' ~ .........
No. 52~372ffi Notary rPublic ....
Southold, N.Y. 11971
(516) 765-1938
QUESTIONNAIRE TO BE COMPLETED AND SUB~LITTE;~
WITH YOUR APPLICATIONS FOk~S TO THE PLANNING
Please complete, sign and return to the Office of the Planning
Board with your completed applications forms. If your. afiswer.
to any of the following questions is yes, please indicate
these on your guaranteed survey or submit other appropriate
evidence~ '
1. Are there any wetland grasses on this parcel? ~
(Attached is a list of the wetland grasses defined
by the Town Code, Chapter 97, for your reference)
2. Are there any other premises'under your ownership
abutting this parcel? yes
3. Are there any building permits pending on
this parcel?
Yes
4. Are ~here any other applications pending
concerninq this property before any other
department or agency?(Town , State, County, etc.) Yes
5. Is there any application pending before
any other agency with regard to a different
project on this parcel?
- Yes
~. Was thi'~ property the subject of any prior
application to the Planning Board? ~
7. Does this property have a valid certificat&
of occupancy, if yes plea.s.e submit.,a copy of same Yes
No
No
I certify that the above statements are true and will be relied
on by the Planning Board in considering this application.
Southold Town Planning Board
Town Hall
$outhold, New York 11971
Gentlemen:
The following statements are offered for your consideration
in the review of the' above-mentioned minor subdivision a~d its'
~eferral to the Suffolk County Planning Commission:
(1)
No grading, other than f'oundation excavation for a
residential building is proposed.
(2) No new roads are proposed and no changes will be'made in
the grades of the existing roads.
(3)
No new. drainage structures or alteration of existing
structures are proposed.
Yours truly,
Attachment to questionnaire fQr~'the Planning Board
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss:
On th d~y of i , 19~ before me personally'.
came ~ [~..~ . to me known to be the
individual d~scrib~-' · '
~ ~n'an~'wno executed the foregoing instrument,
and acknowledged that~ executed the same.
Nota~P~ublic
Cynthia A. Boumnaie
Not~ry Public, State of New York
~ ..N.o. 52-4837200
,.__upa ~fmd in Suffo k
~omm Salon Expires April 30, ~
14-1,~-2 (2187)-- 7c
617.21
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
SEQR
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent-
ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. Ih addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of'possibieimpac~s 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 id;ntified as potentially-large, then Part 3 is used to evaluate wl~ether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions
Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
A. The project will not result in any large and important impactCs) and, therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.
[] B. Although the project could have a signif'icant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be prepared.*
[] C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
* A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Action
Name of Lead Agency
Print or Type Name of Responsible Officer in Lead Agency
Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer)
Date
5. Approxim~.te percentage of propc project site with slopes: I'q0-10% ~ %
rql0-1
5%
%
" o15% orbiter ~ %
6. Is project substantially con~:iguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? ,,[~Yes [No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I-lYes [~No
8. What is the depth of the water table? ¢-2-~ (in feet)
9/Is site located over a primary,.principa[, or sole sot]rce aquifer? ~lYes []No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? J~Yes I-INo
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
J~Yes f~No According to )"b ~'l~¢+
Identify each species O5~ .
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
f-lYes []No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
[~Yes I~No If yes, explain
14. Does the present site include scenic views known to be important to the community?
I~Yes I-1No
15. Streams within or contiguous to project area: "~ 0~,~r~,~ Cw~'~_ ~(~,
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 '-bo~c~ ~'~-'-& J~ b. Size (In acres) ~ ~_~ /2--
17. Is the site served by existing public utilities? [~Yes. E,'No
a) If Yes, does sufficient capacity exist to allow connection? [~Yes f'qNo
b) If Yes, will improvements be necessary to allow connection? B]Yes E]No
18. Is the site located in an agricultural district certified pu(suant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? I-lYes E3No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuqnt to Article 8
of the ECL, and 6 NYCRR 6177 [~Yes [-1No
20. Has the site ever been used for the disposal of solid or hazardous wastes? r-]Yes UNo
C
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 JO ~ ~ acres.
b. Project acreage to be developed: /'~//.~acres initially; acres ultimately.
c. Project acreage to remain undeveloped ~t'/,'/,P~' acres.
'
d. Length of project, in miles: ~ ~lf appropriate)
e. If the project is an expansion, indicate percent of expansion proposed ~/~ %;
f. Number of off-street pa,kin~ spaces existing' ~/~ ;proposed M/~
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
Ultimately
i. Dimensions(in feet) of largest proposed structure, height; width; · length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
3
25. Approvals Required:
City, Town, Village Board I-lYes i-iNo
City, Town, Village Planning Board []Yes r-lNo
City, Town Zoning Board []Yes I-1No
City, County Health Department J~Yes L--]No
Other Local Agencies i--lYes i-iNo
Other R'egional Agencies J~Yes r-JNo
State Agencies L-lYes r--iN°
Federal Agencies []]]Yes I--INo
C. Zoning and Planning Information
Submittal
Date
1. Does proposed action involve a planning or zoning decision? ~es I"lNo
tf Yes, indicate decision required:
[]zoning amendment r-lzoning variance r~special use permit ,,~.subdivision r-isite plan '
[-1new/revision of master plan r~resource management plan ,J~other
2. What is the zoning cJassification(s)of the site? ~'~'*~
3. What is the maximum potential development of the site if deveJ~o~ped as permitted by the present zoning? '
4. What is the proposed zoning of the site? /~-~.~
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is the proposed action consistent w'ith the recommended uses in adopted local land use plans? J~JYes
7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action?
I-INo
8. Is the proposed action compatible with adjoining/surrounding land uses within a ~/~ mile? I~Yes
9. If the proposed action is the subdivision of land, how many lots are proposed? _'~
a. What is the minimum lot size proposed? .
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lyes
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? il-lYes
a. If yes, is existing capacity sufficient to handle projected demand;~ OYes i-INo
12. Will the proposed acti6n result in the generation of traffic significantJy above present levels? [Yes I~No
a. If yes, is the existing road network adequate to handle the additional trai~fic? i-lYes i-INo
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 infor~jation provided..~above is true to the best of my knowledge. ' I
IMPACT ATER
3. Will proposed action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
[]NO []YES
Examples that would apply to column 2
~' Developable area of site contains a protected water body.
· Dredging more than 100 cubic yards of material from Channel of a
protected stream. ·
· Extension of utility distribution facilities through a pr0tect~d'water body.
· Construction in a designated freshwater or tidal wetland,
· Other imp,~cts:
4. Will proposed action affect any non-protected existing or new body
of water?
[]NO ~]YES
Examples that would apply to column 2
· A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
· Construction of a body of water that exceeds 10 acres of surface area.
· Other i.mpacts:
5.Will Proposed Action affect surface or groundwater
quality or quantity?
[NO E~YE-S
Examples that would apply to column 2 '
· Proposed Action will require a discharge permit·
· Proposed Action requires use of a source of water that does not
have approval to serve pr6posed (pro ect) act on.
· Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity·
· Construction or operation causing any contamination of a water
supply system.
· Proposed Action will adversely affect groundwater.
· Liquid effluent will be conveye J off the site to facilities which presently
do not exist or have inadequate capacity.
· Proposed Action would use water in excess of 20,000 gaUons per
day.
· Proposed Action will likely cause siltation or other discharge into an
· existing body of water to the;extent that there will be an obvious visual
contrast to natural condition~.
· Proposed Action wiU require the storac, e of petroleum or chemical
products greater than 1,100 gallons,
· Proposed Action will allow residential uses in' areas without water
and/or sewer services.
· Proposed Action locates c,~-- · ·
~,.meroal and/or industrial uses which may
require new or expansion of existing waste treatment and/or stora§e
facilities, .
· Other impacts:.
6. Will proposed action alter drainage flow or patterns, or surface
water runoff? '
Examples that would apply to column 2 nNo [~YES
· Proposed Action would change flood water flows.
7
Moderate
Impact
2
Potential
Large
Impact
3
,Can impact
Mitigated By
Project Change
I--~yes I-'lNo
I-qYes [No
[]Yes · [--]No
[Yes L-'lNo
I-Ires [No
["-]Yes ~"l No
I-'lYes' i--INo
~-lyes [-]No
[Yes ['INo
[Yes []No
[Yes ['-INo
lyes
~Yes ' ~No
~Yes ~No
~Yes ~No
~Yes
[Yes I-]No
[Yes F'INo
[~]Yes
[-]Yes F'lNo
[Yes C-INo
· Construction activity would excavate or compact the soil profile of
agricultural land.
· The proposed action would irreversibly con~,ert more than 10 acres
of agricultural land or, if located in an Agricultutal District, 'more
than 2.5 acres of agricultural land
· The proposed action would disrupt or prevent installation of agricultural
land management systems {e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due to increased runoff)
· Other impacts:
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resources;~ ¢-INO r-lyES
(If necessary, use the Visual EAF. Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2
· Proposed (and uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural
· Proposed ]and uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
· Project components that will result in the elimination or significant
screening of scenic views known to be important to the area.
· Other impacts:
Ir/tPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance~ []NO I-lyES
Examples that would apply to column 2
· Proposed Action occurring wholly or partially within or substantially
contiguous to any facility or site listed on the State or National Register
of historic places.
· Any impact to an archaed[ogical site or fossil bed located within the
project site.
· Proposed Action will occur in an area designated as sensitive for
archaeological sit~s on the NYS Site Inventory.
· Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities;~
Examples that would apply to column 2 I-INO [YES
· The permanent foreclosure of a future recreational opportunity.
· A major reduction of an open space important to the COmmunity.
· Other impacts:
9
m~l 2 3
S to.' Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [-I I'lYes F-INo
[] [] I--lYes .['-] No
[] [] i--lYes f-INo
[] [] I'-lYes r']NO
[] [] I-'lYes I--INo
[] [] r-lYes E3No
[] [] I'-]Yes E]No
[] [] I'-iYes [--INo
[] [] I--lYes i--iNo
[] [] J']Yes [-'1 No
i-"l [] i--lYes r']No
[] [] I'~Yes ['"1 No
[] [] i'lyes ['-]No
[] . [] r-lyes E3No
[] I-I I-}Yes i--INo
IMPACT ON GROWTH~[IND CHARACTER
OF COMMUNI'I;Y OR NEIGHBORHOOD
Will proposed action affect the character of the existing community?
E3NO E3YES
Examples that would apply to column 2
· iThe permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
· The municipal budget for capital expenditures or operating seC'vices
will increase by more than 5% per year as a result of thi's project.
· Proposed action will conflict with officially adopted plans or goals.
· Proposed action will cause a change in the density of land use.
· Proposed Action will replace or eliminate existihg facilities, structures
or areas of historic importance to the Community.
· Development will create a demand for'additional community services
(e.g. schools, police and fire, etc.)
· Proposed Action will set an important precedent for future projects.
'o Proposed Action will create or elimin, ate employment.
· Other impacts:
Sm~to' 2 3
Potential Can Impact Be
Moderate Large Mitigated By
Impact Impact Project Change
[] [] I-lYes L--~No
[] [] ['-)Yes
[] [] ["']Yes I'--INo
[] [] f-lYes EE]No
[] [] IZ]Yes E]No
[E3 [] r-lYes I--1No
[] [] I--lYes I'~No
[] [] L-'I Yes E3No
[] [] ~Yes .E3No
19. Is there, or is there likely to be, public controversy related to
potential adverse environmental mpacts? I-1NO I-lyES
If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3
Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impa. ct.
2. Describe (if pp ~cable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
· The probability of the impact occurring
· The duration of the impact
· Its irreversibility, including permanently lost resources of value
· Whether the impact can or will be controlled
· The regional consequence of ~he impact
· Its potential divergence from local needs and goals
· Whether known objections to the project relate to this impact.
(Continue on attachments)
11
C
14-14-1'1 (~/BT)--g¢ ~0 ! / .~Y ]. t'~
Appendix B -.
~l~te Environmental Quality t~Iview
'V sua] FAF Addendum
C
This form may be used to provide additional information relating to Question .1 1 o1: Part 2 ol~
the Full EAF.
(To be comp!eted by Lead Agency)
Distance Between
Visibility . .
1. Would the project be visible from:
· A parcel of land which is dedicated to and available
to the public for the use, enjoyment and appreciation
of natural or. man-made scenic qualities?
· An overlook or parcel 0f land dedicated to public
observation, enjoyment and appreciation of natural
or m~n-made scenic qualities?
· A site or structure listed on the Nat'iona] or State
Registers of Historic Places?
· State Parks?
· The State Forest Preserve?
· National Wildlife Refuges and state game refuges?
· National Natural Landmarks and other outstanding
natural features?
· National Park Service lands?
· Rivers designated as National or State Wild, Scenic
or Recreational?
Project and Resource (in Miles)
O-V,~ I/.~. 1/2 1/2-3 3-5 .5+
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
[] [] [] [] []
· Any transportation corridor of high exposure, such [] [] [] [] []
as part of the Interstate System, or Amtrak?
· A governmentally established or designated interstate [] [] [] [] ~ []
or inter-county foot trail, or one formally proposed for
establishment or designation?
A site, area, lake, reservoir or highway designated as
scenic?
[] [] [] [] []
· Municipal pork, or designated open space?
· County road}
· State?
· Local road? .-
2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other
seasons)
[]Yes []No
3. Are any of the resources checked in question I used by the public during the time of year
during which the project will be visible?
[]Yes I-]No
61
Apl
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
.£
SEQ
,. APPL,OANT,SPONSOR
3. PROJECT LOCATION:
4. PRECISE LOCATION (Streel
5.. IS PROPOSED ACTION:
DESCRIBE PROJECT SRIEFLY:
[] Modiflcalionlalteratlon
7. AMOUNT OF LAND AFFECTED:
9. WHAT IS PRESENT LANO USE IN ViCINITy OF PROJECT?
DescriOe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL}?
~ 1, DOES ANY ASPECT OF THE ACT~CN HAVE A CURRENTLY VALID PERMIT OR APPROVAL~
12· AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[]Yes
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
I! the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before'proceeding with this assessment
OVER
1
A. DOES ACTION E. XCEED ANY TYPE I THRESHOLD IN E NYCRR, PART 617.127 II yes, nato the review ~)~OCeSS and use the FULL EAF.
[] Yes [] No ~k
· S. WILL ACTION RECEIVE COORDiNA'Iq~IFREViE~N AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If NO, a negative ~ec~a~a~on
may be superseded by another Involved agent.
C. COULD ACT]ON RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be I1andwdtten, if legible)
C1. Existing air quality, surface or groundwater quality or quandly, noise levels, existing trallic patterns, solid waste production or disposal.
potential for erosion, drainage or flooding problems? ~xplain briefly:.
C~. VegetaHon or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
Growth. subsequent development or related activities likely to be induced by the proposed action? Explain brielly.
C6. Long te~m, short term, cumulative, or other enacts not identified in C1-C57 Explain briefly.
C7. Other impacts (including changes in use of either quantity or 1ype of energy)? Explain briefly.
D. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY REi-ATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] NO If Yes. exqlain briefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significa
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration;
irrevetsibility; (e) geographic scope; and (f) magnitude. If necessa~/, add attachments or reference supporting materials. Ensure
explanations contain sufficient detail to show that all relevant adverse impacts have been identified end actequa[ely addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
JUOITO T. TERRY, TOWN CLERK RECEIPT 6 4 019
Town of Southold
A18
, f OR-Y ]
Above, the remains el Fed Corchaug sit near the tree line along a salt creek in
Cutchogue. At left, a skutch by New Sulfolk artist Teresa Shaw depicts the fort as
m.,.~,~ ~'m~. ~ a paltsaded quadrangle with nearby wigwams and dugout canoes.
Archeologists hope a buried fort V~ill reveal!new secrets of Indian civilization
The Promise ofi: corchaug
BY STEVE WI~K; ~arly 1800s, and When [ talked to'th~ knew hold potential' as an archeologlcal' 'Zt~a. D~ringasummer ofdigging, So-
st^~ wmt~ family they said stories about the fort site, But it Wa~ the fiat land whore the ! lecki found Dutch trade goods on the
had been passed down through the gen:' fort once ~at that intrigued him; site, which, he said, suggested that the
D eep in the woods alongside orations. It's clear now that the site Was In the stillness alongside the creek,! fort may have been connected to a v&t
a salt creek on tho North abandonedaffertheEnglichcametothe
Fork, history is buried
under a carpet of top soil
and decayed leaves.
The history alongside a creek in Cut-
chogue is unlike anything that exists in
the Northeast. It is more than 350
years old, and is mostly untrampled.
There were others like it at one time on
other creeks and woodsy hills nearby,
but they are all gone now. ·
What once sat in these verdant woods
was a log fort built by the Indians who
lived on the North Fork at the time of
contact with English colonists who ar-
rived ih the late 1630s. When they poked
into the woods alongside the creeki the
English found a fort made of lbgs, rough-
ly rectangular in shape, and enclosing
an area of less than three acres.
around it were the corn and bean fields
that fed the IndianS. '..
Today, 3V~ centuries later, the se-
crets of Fort Corchaug, as the site is
cE, led, are hidden away un,d, erground.
[t is the rarest of rare, said Ralph
Solecki, a Texas-based archeologist who
raw up a quarter-mile from the site in a
~ouse in Cutchogue. "There is nothing
else like it anywhere in the region be-
cause the other 17th-Century Indian
forts have been lost. It is a wonder."
As a child, Solecki began finding
arrowheads in farm fields around his
house. As a teenager, he read an article
that said a log fort had been built bythe
Indians in the late 1630s alongside
Cutchog~e creek, was later abandoned
and lost to time. In the summer of 1935,
Soleckl went looking on a nearby creek,
but found nothing promising. Then an
amateur archeologist told him to look on
the west side of Downs Creek.
"The site was right where he said it
was," it. had
area. The logs would have fallen down
and rotted away. Luckily, the family had
cattle on the site, which had probably
never been plowed. It was a miracle it
h/~d not been destroyed by farming prac-
Standingby the creek that day, Solecki
could make out a low, rounded berm that
protruded from the ground and ran per-I
pendieular to the creek. The berm; he
thought, probably anchored one Wall of
the fort. Just south of the fort was the
remains of an ancient well, which he
Solecki could vividly imagine the dis- trading system that channeled warn-
rant past ~ the four walls of the fort pure from the Peconic Bay to the Dutch
built asa refuge for the Indians, the in New Amsterdam. Near the ancient
salt creek on one side, farm fields on Indian well, Solecki found arrowheads
the other side. ~'It seemed incredible to more than 1,000 years old.
me on that day, and it still holds true Today, the site and 105 acres around
today, that this site was untrampled." it -- an area co, led Fort Neck in old
Soleckicamebackinthelato 1940ate So.uthold Town records -- will be p~e-
write his master's,thesis on the site. servedunderanaccordalgnedlastJuly.
What he found then, ho said, convinced According to a plan submitted in June,
himtha~th~fortWaSbuilt~iththehetp; thePecOnicLandTrust, anonprofitcon-
of Europeansasadefensesgelnstattaak servafion group, bought the site from
from Indians fr~n~ New England who ' William B~xter of Stamford, Conn., for
travciedtoeasternLonglalandtocollect $1.2 m 11 on. A Georgia businessman,
~.. ~ ~ ~·; Rusovfi McCall, agreed to buy back part
JACOB K, JAVIT$
WASHINGTON, D.C. 205t0
February 27, 1974
~lr. William J. Baxter
Nassau Point Road
Cucchogue, New York 11937
Fort Corchau~ Slte
The Director of the National Park Service
has informed me that the above-named site has been
designated as historic property ami has accordingly
been entered in the NatiomLt Registsr of Historic
Places.
This is indeed good nays and we are
delighted to have this opportunity co extend our
congratuhtlons.. ,
With best wishes,
Dear Property Owner:
STATE OF' NEW YORK
F:>ARKS AND RECREATION
ALBANY
L~vem~er 20, 1981
Re: Fort Corchaug Site
Cutchogue Vicinity, Suffolk County
I am pleased to advise you that, as a result of the newly enacted New YOrk State
Historic Preservation Act of 1980, the propertyfreferred to above has been listed on
the New York State Register of Historic Places,.
This new State legislation provides t~at every historic site, district, strucOure,
building, area, or object lished on, or nominated to, the National Register of Historic
Places on or before August 22, 1980 (the effective date of the law) shall also be
included in the State Register of Historic Places.
Activities of State agencies affecting properties listed in the National or State ·
Registers will be subject to certain review procedures
procedures, during project planning State agencies are under the Amt. Under the review
called upon to give consideration
to ways in which actions having an adverse effect on registered properties can be
avoided or minimized.
The Act also requires the Cou~,~ssioner of Parks and Recreation to maintain a list
of those State Register properties whose owners have indicated be available for
la~,se or purchase for use by State a~encie~ ~--_~. _. . to
ann owners are not r~,~red ~^ ~ ~- ~- -' znc~us%on or ur roe is not r uired
--~~ ~ ~_~ or zease property to t
Yon ease advise me in ~-~hng.
Give details such as address of property, owner of property, sqn~re footage, stories,
how zoned, when available and send to: Conmissioner, New York State Parks and Recreation
(AITENTION: Leasing I/st), Agency Building 1, Nelson A. Rockefeller F~,nire State Plaza,
Albany?., New ibrk iz238. ~our property may be considered ~or eventual p~rctmse or rental
by State agencies when and if they have a need for a property such as yours.
This new legislation is an important and positive step for New York State toward
t~he preservation and protee.~nn nF-{~= h=~.~g~ o.a ~ __.~_~_.__.=__ . .
............................ ===~,, of ~ts cities
and rural areas. I hope you will join with us in making this legislation work to the
advantage of all New Yorkers.
Sincerely,
William J. Baxter Jr.
Nassau Point Road
Cutchogue, NY 11935
Gl-IA.RI,ES P~. GIJDD¥ P4'~
~TTOR2NEY AT LAW
August 12, 1997
Planning Board
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Attention: Melissa Spire
Re: Indian Shores
Dear Ms. Spiro:
Enclosed herewith please find my firm check in the sum of $50.00
made payable to the Town of Southold in payment of the balance of
the environmental fee in connection with the above.
Charles R. Cudd,~/
CRC/pc
Enc.
Members of the Committee to Save Fort Corchaug, from left,
Myra Case, Ralph $olecki anti Ronnie Wacker, meeting at the slt~
of the fort, built by the Cutcbogue tribe 400 years ago.
Sale o£lndian,. Fort on L.I.
Preserves a Piece °£History
By JOHN T, MeQUISTON
CUTCHOGUE, N.y., Juae 30 --
The deed to a 400-yem.-o[d ludiaa
fort, which archeologists say is
the best-preserved ludiaa site on
Long Island aad perhaps in tbe
Northeast, was passed from pri-
vate to public hauds today, ending
a three-decade battle to save it
end of a well-bidden creek on
placed by colonial currency, tbe
10,000 years.
Recreation, $286,400 from Sulfolk
County, $1.1 million h'om the
Town of Southold, $100,000 from
two local civic groups and a liIIle
over $800,000 from a private con.
servalionist. The COmplicaled
deal wa~ brokered by the Peconic
Land Trast, a nonprofit group
tree of tile East Ead.
The seller was Wdliam Baxler,
"l, too, would like to see the [orl
North Fork for several genera.
tions. A
field, vice president of tile Pe-
coaic Land Trust, 51 wooded
acres Were sold directly to Sooth.
old, which plaas to preserve 2~
cheological study. Twenty-eight
acres will be used for public
· The remaining 53 acres, 38 o!
chased by tile Peconic Land
months, Ihe Lmld Trust will sell
er y to Saf[olk County, which said
today it was contributing $286,400
Tbe Land Trust will then sell
the Im~d far a little over $800,00a
to Russell McCall, a private in.
Today's purchase was fhlm<Jed "This is a big eveut for the
with $200,000 from tile New Yurk whole tOWnship and it's been
GHA~L~S 1~. GUDD¥
ATTOi~N~¥ AT LAW
July 1, 1997
Planning Board
Town of Southold
Town Hall
53095 Main Road
Southold, NY 11971
Re: William J. Baxter, Jr.
Dear Members:
Enclosed herewith please find check of Peconic Land Trust Inc. made
payable to Charles Voorhis in the sum of $1,800 in payment of his
consulting fee in connection with the Baxter environmental review.
Very truly yours,
Charles R. Cuddy/~
CRC/pc
Enc.
PLANNING BOARD M]EMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAzM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-SiGnificant
June 9, 1997
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared.
Name of Action:
Proposed minor subdivision for William J. Baxter/Peconic
Land Trust (a.k.a, Fort Corchaug property)
SCTM#: 1000-116-1-3
Location:
South side of Main Rd. & North side of New Suffolk Ave.
SEQR Status: Type I ( )
Unlisted ( X )
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
Subdivision of 104.0270 acre parcel into 3 lots.
A limited Development/Conservation Plan has been prepared by the Peconic Land Trust
for the 104.0270 acre parcel using a vadety of pdvate and public conservation tools
toward the protection of a significant archaeological site, active farmland, and pdstine
woodland with limited residential development.
Lot 1 is proposed as a 15.3905 acre wooded parcel that the Peconic Land Trust is under
contract to sell in January of 1998 subject to a reserved easement reducing the
development potential of the property to one residential unit.
Page 2
SEQR Negative Declaration-Ba~eflPeconic Land TruM
June 9,1997
Lot 2 is proposed as a 37.6366 acre parcel, a major portion of which the Peconic Land
Trust is negotiating for the development dghts to be purchased by either Suffolk County
or the Town of Southold.
Lot 3 is proposed as a 51 acre parcel to be conveyed to the Town of Southold, and as set
forth in the Town Board resolution dated May 27, 1997, the Supervisor has been
authorized and directed to execute any and ail required documents for the acquisition of
said property.
Reasons Supporting This Determination:
An Environmental Assessment Form has been submitted and reviewed, and it was
determined that no significant adverse effects to the environment were likely to occur
should the project be implemented as planned.
The proposed subdivision plat, which allows for the preservation of the property through a
joint acquisition effort of Town Purchase, purchase of development dghts and the use of
conservation easements, is a plan which provides for the protection of the archeological
resources .
The applicant will have to comply with the requirements of the Suffolk County Sanitary
Code (SCSC) and all relevant standards of water supply and sewage disposal systems.
Design and flow specification, subsurface soil conditions and site plan details will have to
be approved by the Suffolk County Department of Health Services (SCDHS). This impact
is not considered significant due to the anticipated project compliance with
established requirements of the SCSC and the SCDHS and the required relevant
permits.
For Further Information:
Contact Person: Melissa Spiro
Address: Planning Board
Telephone Number: (516) 765-1938
cc: John P. Cahill, DEC Albany
Roger Evans, DEC Stony Brook
Suffolk County Dept. of Health
Suffolk County Planning Commission
Suffolk County Water Authority
New York State Dept. of Transportation
Judith Terry, Town Clerk
Southold Town Trustees
Applicant
May 29, 1997
Southold Town Planning Board
Town Hall
Southold, New York 11971
This is to confirm our understanding that William J. Baxter Jr. has
agreed to withdraw the existing subdivision application pending
before the Planning Board upon the specific condition that the
Board approve, not later than June 30, 1997, a subdivision of the
parcel proposed by Peconic Land Trust into two or three lots, one
of which is to be conveyed to the Town of Southold.
This is to confirm that the owner, William J. Baxter Jr. indiv-
idally and as ce-executor of the Estate of William J. Baxter has
granted permission to Peconic Land Trust to proceed with the
subdivision as above indicated.
In the event that the two or three lot subdivision as referred to
is not completed by June 30, 1997, as evidenced by a resolution of
the Planning Board, then it is the specific understanding of
William J. Baxter Jr. individually and as co-executor of the Estate
of William J. Baxter that the existing subdivision application and
all of the proceedings in connection with that application will be
reinstated. If this is not the understanding of the Planning Board
or if you have any questions whatsoever concerning the contents of
this letter, please promptly contact me.
Thank you.
Very truly yours,
Charles R. Cuddy ~
CRC/ec
JUDITI-t T. TEILRY
TO ~ ,'~' C LEtLK
REGiST~ OF ~7T.~ STATIS~C$
5i.~RIAGE OF~CE~
RECOgDS ~L~N'AGEME~ OFFICER
FREEDOM OF INFO~%IATION OFFICER
Town ~all. 53095 .5fain Road
P.O. Box 1i79
Southoid, New York 11971
Fmx (516) 765-1823
Telephone (516~ 765-1800
OFFICE OF THE TOWN CLER/{
TOW~' OF SOUTHOLD
THiS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR ,%IEETING HELD ON ,%4AY Z7, 1997:
'NHERF-~&S, the Town Board of The Town of Southotd wishes to purchase the
open space property of William J. Baxter, Jr.; and
'NHERFAS, the Town Board heJd a public hearing with respec~ to said acquisition
on ~he lTth Cay of ~lay, I997, pursuant to the provisions of the Southoid Town
Code; and
WHEREAS, the Town 8oard deems it in the public ~nterest ~h~t the Town of 5ou;hold
~czuire the open ~pace as set forth {n the proposed acquisition be?,veen ~he Town
cf 5outhoid and Wiiliam J. Baxter, Jr.; now, t~erefore, be it
RESOLVED that the Town ~oard hereby e~ects to purchase ~he open space properq/
of '~Villiam J. Sax~er, Jr., comprising 5~ ~cr~s, a~ a saie pric~ of ~23,500.00 per
acr~; sac prooerty bcated on the ~outh side of NY5 Rou~e 15, Cutcho~ue, New
York; and be it
FURTHER RESOLVED that the Town Clerk be and ~he hereby is authorizes and
directed to give notice of such acceptance to William J. Sexier, Jr.; and be it
FURTHER RESOLVED that the Supervisor be and hereby is author[zed amd directed
to execute amy and all required documents for the acquisition of ~said proper~y, ail
Jn accordance with the approval of the Town Attorney.
/ ' ]udith T. Terr/
Southotd Town C]erk
,~ay 28, 1997
COUNETY' OF SUFFOLK
.Itm¢ 4., I997
Yr. Richard G. ~ard, Ch:~irman
Tovm o£ Southold ?lan, ning Board
Main Road
SouLh, oJd, New Ydrk ! i971
Dear Sir:
Re: "Minor Subdivision - Peeonic Land Truse'
.... t~m Co,om. rv . Corn.mission at its reg~a!ar mee:~g on ~'oz,,e 4, I !)97 reviewed
the proposed subdb.ision sial entitled. "Minor Subdivision - P~comc L~d T~st", refe~ed to it
' ~, .-=4, .~ =~,e >~V of tt~e Suffolk k.o~Py Ad:~s~ative Code
Tae artac.bed Resolution sigT"fies action token by the CommSssion relazive to ~is application.
VeW truly yours,
Stephen ,.'vi. Jones
Director of ?Immmg
Robert E. Riekert, Principal Plmmer
Subdivision Review Section
i:~ER:cu
File: S-SD-97-02
Attachment
File No. S-SD-97-02
R~tut-'un No. ZbR-9/-20 of Suffolk Cokm¢' P{ammng Corrmmsston
~ .... ~,,,s Azg-2Z. A~cte XIV o~ Suffolk Co~ Admi~s~ativ,: Code
":VHEREAS,
pursuant to Sections A!4-24. A~icle 5215' of the Suffolk County Admin./sl:rafive
(_'ode. 2 referr.ql was received by the Suffolk County, ?!arming Corrmfission on
:o,ne 3, 1997. '*Sub respect to a proposed plat entided, "Minor Subdivision -
Po:omc Land Trust" submirted by the Town of Sou~hold Plzuming Bo~d,
affecting premises lo:amd on the northerly side of New St~lbLk Avenue, opposite
Beachwo0d Drive. Cutchogue, and
sai~ referral was considered by the Suffolk Cou.nty Pinning Commission al: its
m~dng on June 4, i997, and
~e ~onxmss~on ' ~ voted approve, with certain chm~. said referral. Be It
Therefore
5ur,oa~. couu,: Ploa,~,in~ Commission herebv approves ald adoets the
:es,-,, or _ts staffas the repo~ of the Corm~fission, Be k Further
Tkat sad propozed plat is approved subjec~ tn the following conditions:
No iot snal oe subm aacd or its lot iines changed m troy manner at anv ~trure
date unless authorized by the Southold Town Planning Bo~d.
Since this ~rac. ,'ms the potential to be further subdivided, any subdivision of
~.y part of dUs tract in ~Se futt~re shall have a map of the subdivision filed in
the office of the Cotu~r/Clerk.
That portion of !or 3 contalmng the a'ea of a. rchaeologic~ significance shall be
protec'red by means of a restrictive covenant precluding any construction or
activity which would adversely aff=ct the archeological integrity of the sire.
4
Ail sl:om~warer t'unoff resulting from ~5.e development m~d in'tprovement of
this subdi~iqon ol' ~'7 of its lots shall be retain~t on d~e site by adequate
drainage structures so that it will not flow out onto the right-of-way of Main
Road. a state ror~.
in order to nlinim.uz= the ntm~ber of access points on Main Road. and the
ms'ur: ±ar ~',ere ',v!!l not be ,my conflicts between tile points of access tha~ are
created, lots 2 :.,nd 3 shall be restricted to a single point of access for each int.
Cznsider:~.t..'on sh~l be given to estabiisifing, dxough the creation of
easements, corr..non use of a co .m~mon acc-'ss point.
mc&f: shall be cons,.~-r,xcted
otherwise located ,,,dthin !00 r~eer of Do ¢ms Creek.
540 s,*.om~arer ,.mnof'z'~esuhmg from &e de',eiolument and improvement of the
surpmv,.s~on or any or :rs Cots shall be discharged izt~o the adjoining wedands.
Eros/on -smd se. aliment control measttrcs shal[ be required dur/pxg and
immediately ~c-ter construct.ion on each lot [o Lnsure that stormwater runoff
will not carD'' eroded and other deleterious ~Baterials into Down's Creek and
· e tidal wetlands border/.ng the creek.
A conseD'adon or scen. ic easement having a minimum width of 100 feet shall
be established along the shoreline of Down's Creek to ir.sure that no
development adverse to ,.'he aesd~etic quality of the shoreline ,MiI take place
:dong the shoreline. Clearing and cutting 'Mthin this area shall be limited to
that necessa_,7 for proper maintenance and removal of disease:L decayed or
dead matedaI ~md obaoxious plant species. Such cleating and c:.~ning sh~l be
subject to rev/e,,',' by r'nc Tovq: ~o insure proper mainten'ance and preseD'arion
of the natural buffer
Mo¢on ~y: Commissioner Cichanoa4cz
Com-m.ission Vote: Pre~ent - ! 3
Seconded by: Conzm~ssmner Rosawtcn
Yeas 13
Nays 0
Abstentions 0
Dated: June 4, 1997
Hauppauge, Naa' York
5uzotK County- Ptan.mng Comm/ssion
Z 395 856 31
US Postal Service
Receipt for Certified I~
No Insurance Coverage Provided.
Do not use for Intemational Mail (5
Z 395 856 360
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail
)63 237 014
ervice
:for Certified Mail
=e Coverage Provided.
'or Intemational Mail (See reverse)
'e~/Fee
~,ivery Fee
TOTAL Postage & F~ ~'~1~
Postmark or Date ,~
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
FORT CORCHAUG
by placing the Town's official poster notices(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 June 9 1997.
I have sent notices, by certified mail, the receipts of which are attached, to the
owners of record of every property which abuts and every property which is across
from any public or private street from the above mentioned property
On June 2 1997.
Address ' I ' '
June 9, 1997
Date
Notary Public
MELANIE A. TEBBEN$
Notary Public, State of New ¥orll
No. 01T/5035908, Suffolk Coun~
Cemmis~'l E~l'e~ November 14. I ~
PLEASE FETIJFN THIS AFFIDAVIT AND CEFTIFIED M/tll FECEIPT$ ON THE DAY' OF.
OF ~Il- THE PUBUC HEAFING
Re: Fort ,Corchaug
Date of Hearing:
DEPAF2FMEIxF[ OF PLANNING
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUffOLk COUN]Y exEcLmve
STEPHEN H. JONES, A.I.C.P.
DIRECTOR Off PLANNING
June 4,1997
Mr. Richard G. Ward, Chairman
Town of Southold Planning Board
Main Road
Southold, New York 11971
Dear Sir:
Re: "Minor Subdivision - Peconic Land Trust"
The Suffolk County Planning Commission at its regular meeting on June 4, 1997, reviewed
the proposed subdivision plat, entitled, "Minor Subdivision - Peconic Land Trust", referred to it
pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code.
The attached Resolution signifies action taken by the Commission relative to this application.
Very truly yours,
Stephen M. Jones
Director of Planning
Robert E. Riekert, Principal Planner
Subdivision Review Section
RER:cc
File: S-SD-97-02
Attachment
A:~C 0 M LT R WP D\RR-LTR.WPD
220 RABRO DRIVE · P.O. BOX 6100 · HAUPPAUGE, LONG ISLAND, NY 11788-0099 · (516) 8535190 · FAX (516) 8534044
File No. S-SD-97-02
Resolution No. ZSR-97-50 of Suffolk County Planning Commission
Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code
WHEREAS,
pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative
Code, a referral was received by the Suffolk County Planning Commission on
June 3, 1997, with respect to a proposed plat entitled, "Minor Subdivision -
Peconic Land Trust" submitted by the Town of Southold Planning Board,
affecting premises located on the northerly side of New Suffolk Avenue, opposite
Beachwood Drive, Cutchogue, and
WHEREAS, said referral was considered by the Suffolk County Planning Commission at its
meeting on June 4, 1997, and
WHEREAS, the Commission has voted to approve, with certain changes, said referral, Be It
Therefore
RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the
report of its staffas the report of the Commission, Be It Further
RESOLVED, That said proposed plat is approved subject to the following conditions:
1. No lot shall be subdivided or its lot lines changed in any manner at any future
date unless authorized by the Southold Town Planning Board.
Since this tract has the potential to be further subdivided, any subdivision of
any part of this tract in the future shall have a map of the subdivision filed in
the office of the County Clerk.
That portion of lot 3 containing the area of archaeological significance shall be
protected by means of a restrictive covenant precluding any construction or
activity which would adversely affect the archeological integrity of the site.
All stormwater runoff resulting from the developmem and improvement of
this subdivision or any of its lots shall be retained on the site by adequate
drainage structures so that it will not flow out onto the right-of-way of Main
Road, a state road.
In order to minimize the number of access poims on Main Road, and the
insure that them will not be any conflicts between the points of access that are
created, lots 2 and 3 shall be restricted to a single point of access for each lot.
Consideration shall be given to establishing, through the creation of
easements, common use of a common access point.
No new residential structure or sanitary disposal facility shall be constructed
or otherwise located within 100 feet of Down's Creek.
No stormwater runoff resulting from the development and improvement of the
subdivision or any of its lots shall be discharged into the adjoining wetlands.
Erosion and sediment control measures shall be required during and
immediately after construction on each lot to insure that stormwater runoff
will not carry eroded and other deleterious materials into Down's Creek and
the tidal wetlands bordering the creek.
A conservation or scenic easement having a minimum width of 100 feet shall
be established along the shoreline of Down's Creek to insure that no
development adverse to the aesthetic quality of the shoreline will take place
along the shoreline. Clearing and cutting within this area shall be limited to
that necessary for proper maintenance and removal of diseased, decayed or
dead material and obnoxious plant species. Such clearing and cutting shall be
subject to review by the Town to insure proper maintenance and preservation
of the natural buffer.
Motion by: Commissioner Cichanowicz
Seconded by: Commissioner Rosavitch
Commission Vote:
Present -13
Yeas 13
Nays 0
Abstentions 0
Dated: June 4, 1997
Hauppauge, New York
Suffolk County Planning Commission
A:~RESOLUTI~JUNE\SD97~2 JUN
Plume lo ~ae~sm ~6 of the Town
Le~ · public hearing will he held by
the Southoid Town Planning Board, at
the "gawn Hall. Main Road, ~
Nl~ ~k in said ~Ibwn on tlm,.~b dlf
I{~l~, 1997 o~ th~ question
Ioq~ EM, Public heating ~lm
~ minor subdivision fat ~Slen
~ ~{~lc Suffolk Counly {{U
~ 1000-116-1-3,
~rly is bm,deted
~1~ of W~lliam & Sh~
~ by land
now ~ ~ ~r
uu~ ~ ~on~rly ,o~
~ md~ s. wimnn &
~[lil~ Williams, andby lnuin~
~ISlIWI~ ~ff Hadley K Wtllisl~ ~
STATE OF NE.~ YORK)
) SS:
s~d Co~, bel~ d~y s~m. np ~at he/she
is Principal Clerk of THE S~OLK TIM~, a
Wee~y Newspa~r, published at Mattituck. in
the To~ of Southold. County of Suffolk and
State of New York. and ~at the Notice of which
~e ~nexed is a p~ted copy. h~ been ~-
ly p~lished in said Newspaper once each week
for ~ weeks successively, c~enc~ on
~e ~ day of~ J_~ 19~
~clp~ Clerk
~UT~0~D ~0W~
~NNING B~RD
kday of ~.
~ ~TARY PUBLIC, STATE
NO 52~55242, SOfFOtg
COMMISSION ~PIRES AUGUST 31,19~
PLANNING BOARD MEMBER~
RICHARD G. WARD
GEORGE RITCHIE LATHAM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 2, 1997
Robert E. Riekert
Suffolk County Department of Planning
220 Rabro Drive
P.O. Box 6100
Hauppauge, NY 11788-0099
RE:
Minor Subdivision for '
William J. Baxter and the Peconic Land Trust
SCTM# 1000-116-1-3
Dear Mr. Riekert:
Attached is the referral form to the Suffolk County Planning Commission
for the above referenced subdivision. The maps will be sent via Federal
Express or hand delivered to the Planning Commission prior to the June
4, 1997, meeting. The Planning Board appreciates your scheduling of this
subdivision before the Planning Commission at such short notice.
The Planning Board received a letter dated June 2, 1997, from the
Peconic Land Trust which describes in detail the three (3) lot proposal.
A copy of the Peconic Land Trust letter is attached. Both the Town
Board and the Planning Board are in support of the preservation
proposal. It is expected that the Town Board will take action on the
purchase of the 51 acres before the end of the month. The Planning
Board has scheduled the final public hearing for the three lot subdivision
for June 9, 1997. The Planning Board asks for your help in expediting
this project to enable the joint preservation effort to come to fruition.
Thank you in advance for your time and effort.
Ch irm n ~
enc.
cc: Stephen Jones
PLANNING BOARD MEMBERS
RICHARD G. WARD
GEORGE RITCHIE LATI4AM, JR.
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 2, 1997
Robert E. Riekert
Suffolk County Department of Planning
220 Rabro Drive
P.O. Box 6100
Hauppauge, NY 11788-0099
RE:
Minor Subdivision for
William J. Baxter and the Peconic Land Trust
SCTM# 1000-116-1-3
Dear Mr. Riekert:
Attached is the referral form to the Suffolk County Planning Commission
for the above referenced subdivision. The maps will be sent via Federal
Express or hand delivered to the Planning Commission prior to the June
4, 1997, meeting. The Planning Board appreciates your scheduling of this
subdivision before the Planning Commission at such short notice.
The Planning Board received a letter dated June 2, 1997, from the
Peconic Land Trust which describes in detail the three (3) lot proposal.
A copy of the Peconic Land Trust letter is attached. Both the Town
Board and the Planning Board are in support of the preservation
proposal. It is expected that the Town Board will take action on the
purchase of the 51 acres before the end of the month. The Planning
Board has scheduled the final public hearing for the three lot subdivision
for June 9, 1997. The Planning Board asks for your help in expediting
this project to enable the joint preservation effort to come to fruition.
Thank you in advance for your time and effort.
Sincerely,
Bennett Orlows ,~.~/
Chairman /~//,-~
enc.
cc: Stephen Jones
acres
WILLIAM J, BAXTER
CONCEPT
PLAN
?cconic lend
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICIZ~a~RD G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLAzNNING BOARD OFFICE
TOWN OF SOUTHOLD
--~'o ~ ~- AI 1997
Suffolk County Planning Commission
220 Rabro Ddve
P.O. Box 6100
Hauppauge, NY 11788-0099
Attention: Mr. Frank Dowling, Senior Planner
Subdivision Review Division
Gentlemen:
Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town
Planning Board hereby refers the following proposed subdivision to the Suffolk County
Planning Commission:
~Jm;,....%1 ~+,~
Map of %,~_ ~e~o-~,'c L~,&
S.C.D.P.W. Tope No.:
S.C. Tax Map No.: 1000-
Major Sub,__ Minor Sub.
Hamlet/Locality d,~,k°~u <.
Zoning ~-C_.
Site Plan Cluster Lot Line Change
MATERIAL~,~\ SUBMITTED: x/~e &,~,~ ~_lz?l ~7
Pmiimmar/Plat (3 copies) /~, Road Profiles (1)
Drainage Plans (1)
Topographical Map (1)
Site Plan (1)__
Grading Plan (1)
Other materials (specify and give number of copies)
Waiver of Subdivision Requirements - See attached sheet'
Page 2
Southold Town Planning Board Referral
Referral Cdteda:
SEQRA STATUS:
1. The project is an (~) Unlisted Action ( ) Type I Action
( ) Type II Action
2. A
( ) Negative Declaration
( ) Positive Declaration
( ) Determination of Non-significance
has been adopted by the Planning Board.
3. E.I.S. statement enclosed. ( ) Yes
Q:) No
4. The proposed division has received approval from the Suffolk County Department
of Health, ( )Yes ( ~ )No
Comments:
We request acknowledgement of receipt of this refe~al ( ) Yes
()No
Referral received
Commission and assigned File No.
1994 by the Suffolk County Planning
Sincerely,
Bennett Oflowski, Jr. ~ /'~,.~
Chairman
cc: Frank Cichanowicz rev. 6/94
JEAN W. COCHRAN
SUPERVISOR
Town Hall, 53095 Main Road
P,O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765~1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
June 2,1997
Mr. Stephen Jones, Director
Suffolk County Department of Planning
12th floor
Veterans Memorial Highway
Hauppauge, NY 11788
Re: Fort Corchaug
Dear Mr. J.p,'"'~: ~,~¢~.v-¢._ '
Please be advised that the Town of Southotd is in full support of the proposal to
subdivide the Fort Corchaug property, which will be before your commission on
June 3, 1997. As you can see from the attached resolutions, the Town has
authorized the purchase of 51 acres of open space on the property.
The subdivision is necessary to allow the Town to complete a property transfer
in a timely manner. Your prompt attention to this matter will be greatly
appreciated and will enable this joint preservation effort to come to fruition.
Please call me if you have any questions or if I can be of assistance.
Very truly yours,
Je ochran
Supervisor
JWC:lld
Encl.
06/02/97 ~0N i0~i3 F,LI $~$2830235 P£CONIC LAND TRST ~002
___~.~ PECONIC LAND TRUST
~l~~ ~,~=~,,. ~,t,~.o.~,,:,z~,,.s,,=~,~,,.,m' .%,
(SI&) 2113-3195 F~: ($16) 293-0235
June2, 1997
Ms. Melissa Spiro
Southold Town p]annlng Depaxtment
Town Ia, all
5309~ Maha Road P.O. Box 1179
Southold, New York 11971
RE: Minor Subdivision for Willium J. Baxter and the Peconic Land Trust, Iac.
Dear Ms. Spiro:
A~ per our conversation on May 30, kindly accept tiffs le.ttcr as a supplcm?.t.t9 .your .
application-to the Suffolk County p~anning Commission explaining the current sobdivtsion project
on the Baxter / Fort Coghaug property located in the Town of $outhold, Suffolk County New
York, further ~scribed as SC~'IVI~. 1000-116-1-3. .
pcconic Land Trust has been working closely with th~ Baxter f~mfly as well as o~¢r
After considerable ncgottauon w~tn mc iown oi aoutuolu, ua~ *,,~- y, ~
an inter~sted conservation buyer named Russell McCall, we have anSved at a joint acquisition
effort that will enable thc P¢conic Land Trust to protect thc property via a three lot subdivision
whereby thc thre~ proposed lots will ncvcr be subject to farther subdivision.
Thc final tzansaction that has resulted from months of negotiations begins with Peconic
Land Trust's purchase of the entire parcel from William J. Baxter and others. We will thcn need to
reconvey certain parts of this parcel to thc inteircstod parties. To this end, we arc submitting an
at~lication for a 3 lot minor subdivision of the 105 acm parcel with the following three lots to bc
· One 51 acre lot containing the Fort site and woodland area. which will be
ond Funds in conjunction with a grant zrom mc r~ew xor~ ~u~c um
Parks, Recrcation, and Historic Preservation.
· Thc sccond lot consists of an agricultural/farmland parcel of approximately 37.6
acres. We are hopeful that Suffolk County will pu~h~ thc developmcut
fights of this parcel. Howcver, should Suffolk County be unable to acquire
thc~¢ rights, thc Town of Southold Ls prepmed to purchase the dcv¢lopmem
rights, and has passed a resolution stating this intention on May 27, 1997.
· The third lot consists of a wooded area of approximately 15.39 acres. Pcconic
Land Trust is prepal~d to .enter. ill_to a con .ll~. t based on this ~tl~_.l_o_t..° and
Subdivision, whereby the l.ann 'lmst wom~ convey propo~-a ~o~ cw
thre& to an interested conservation minded buyer. Closing under this proposed
con~act would be on January 25, 1998, at which tim~ Peconic 'Land Trust will
reserve a conservation casement over this lot limiting the development potential
of the property to no mor~ than one residenc~ with appurtenant structm~.
08/02/~7 ~09 10:i4 F.~X ~$283023S PECONIC ~ TRST ~uu~
As you m:c well awmm,.the ~i_mc f~ame for this u-ansactlon has ~n co~s~, ~d we
- ~ 0~ ~e ~0~ O~ ~ou~v~ ~ ~ -~ . . ,
~ m~smd ~ g - · c ' ' ~ ff~t ~ os~bl~.
look f~ ~ ~e ~]~on of ~is ~ ~ ~J~
~d
PECONIC LAND TRUST
296 Hampton Road, EO. Box 2088, Southampton, NY 11969
(516) 283-3195 Fax:(516) 283-0235
Mr. Bennet Orlowski, Chairman
Southold Town Planning Board
Town Hall
53095 Main Road P.O. Box 1179
Southold, New York 11971
June 2, 1997
Minor Subdivision for William J. Baxter and the Peconic Land Trust, Inc.
Dear Mr. Orlowski:
Enclosed please find the completed minor subdivision application and attachments for the
Baxter / Fort Corchaug property located in the Town of Southold, Suffolk County New York,
further described as SCTM#: 1000-116-1-3. Due to the complexities surrounding this project, I
thought it might be helpful to recap the major points of this cooperative conservation effort.
Peconic Land Trust has been working closely with the Baxter family and other interested
groups in an effort to preserve the property and its valuable archaeological resources while
allowing the landowner to realize some equity from the land. After considerable negotiation with
the Town of Southold, the Baxter family, Suffolk County and an interested conservation buyer
named Russell McCall, we have arrived at a joint acquisition effort that will enable the Peconic
Land Trust and the Town of Southold to protect the property via a three lot subdivision whereby
the three proposed lots will never be subject to further subdivision.
The implementation of this cooperative conservation effort begins with Peconic Land
Trust's purchase of the entire parcel from William J. Baxter and others. We will then need to
reconvey certain parts of this parcel to the interested parties. To this end, we are submitting an
application for a 3 lot minor subdivision of the 105 acre parcel with the following three lots to be
created:
One 51 acre lot containing the Fort site and woodland area, which will be
purchased from Peconic Land Trust by the Town of Southold with Open Space
Bond Funds in conjunction with a grant from the New York State Office of
Parks, Recreation, and Historic Preservation.
The second lot consists of an agricultural/farmland parcel of approximately 37.6
acres. We are hopeful that Suffolk County will purchase the development
rights of this parcel. However, should Suffolk County be unable to acquire
these fights, the Town of Southold is prepared to purchase the development
rights, and has passed a resolution stating this intention on May 27, 1997.
The third lot consists of a wooded area of approximately 15.39 acres. Peconic
Land Trust is prepared to enter into a contract based on this three lot
subdivision, whereby the Land Trust would convey this lot to a conservation
minded buyer who is also going to purchase the aforementioned 37.6 acre
parcel. Closing under this proposed contract would be on January 25, 1998, at
which time Peconic Land Trust will reserve a conservation easement over the
15.39 lot limiting the development potential of the property to no more than one
residence with appurtenant structures.
To this end, please find enclosed:
· Two copies of the subdivision application with accompanying EAF form
· 2 Copies of a plat titled "Minor Subdivision Prepared for Peconic Land
Trust" prepared by Young and Young on May 27, 1997.
· Copies of the latest title report for the property, dated April 28, 1997.
· Two copies of a letter from Charles R. Cuddy withdrawing the existing
subdivision application before the Planning Board and authorizing Peconic
Land Trust to submit this application for your consideration.
As you are well aware, the time frame for this application has been compressed, and we
will need to act quickly to preserve the momentum we have gained to this point. To this end, we
are concurrently providing the Town of Southold, the Suffolk County Planning Commission and
the Department of Health with all the materials needed to expedite this effort. Should you need any
additional materials or information in order to review this application, do not hesitate to contact the
Land Trust office. Thank you for your time and effort, and we look forward to the completion of
this important conservation project.
Sincerely yours,
Ti~m J.~aufield
Vice President
Revised 6/1/97
tic
DRAFT
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT, is made on the day of June, 1997 at
, New York. The parties are Russell McCall ("C-Ta~tor") ~siding at 275
Sp~ng Sa'cat, Atlanta, GA 30319, and the PECONIC LAND TRUST, INCORPORATED, a not-for-
profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088),
Southampton, New York 11968 (herein called "Grantee").
INTRODUCTION
WHEREAS, the Grantor is the owner in fee simple of certain real property located in the
Town of Southold, Suffolk County, New York hereinafter more fully described in Schedule A
attached hereto, further described as part of Suffolk County Tax Map Parcel Number 1000-
116-1-3, and hereinafter referred to as the "Property"; and
WHEREAS, the Grantor acquired the "Property" as part of a joint public/private
conservation effort including the Grantor's 15 acre parcel, a 51-acre wooded parcel
immediately adjacent to the north of the Grantor's Property and a 39-acre restricted
agricultural parcel immediately adjacent to the west of the Grantor's Property; and
WHEREAS, the Grantor's property is part of a 25 acre area that was nominated as a
National Landmark as defined by the United States Department of the Interior and is on record
with the United States Department of the Interior, National Park Service, and is in the National
Register of Historic Places; and
WHEREAS, the Grantor wishes to grant a Conservation Easement on the 15-acre parcel
of Property so that a portion of the Property (hereinafter referred to as the "Easement Area",
shall remain in its archaeologically valuable, undeveloped and undisturbed state. Another
portion of the Property (hereinafter referred to as the "Development Area", may be further
developed with no more than one single family residence, with appurtenant improvements; and
WHEREAS, the Grantor intends to restrict the Properly against any residential,
commercial, or industrial use and to limit the use of the Property generally for research,
educational, and open space purposes.
WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master
Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code,
Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime
agricultural soils, to protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present open space condition has substantial and
significant value as a historic, archaeologically important resource by reason of the fact that it
has been identified as Fort Corchaug and is, therefore, on the National Register of Historic
Places, and has not been subject to any development.
NOW, THEREFORE:
Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit
charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and
any amendatory or supplemental legislation (herein called "the Code"), and incorporated under
the Not-For-Profit Corporation Law of New York State for the purpose of conserving and
preserving the unique environmental, agricultural, scenic and open space values of rural lands
located in Suffolk County of Long Island.
The parties recognize the environmental, archaeological, and open space values of the
Property and have the common purpose of preserving these values. This Deed is intended to
convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its archaeological value and natural open space character in perpetuity
by preventing the use or development of the Property for any purpose or in any manner
contrary to the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
0.03 Grantee's Warranty
Grantee warrants and represents that it possesses the intent and ability to enforce the
terms of this Conservation Easement on the Property, as determined by its Board of Directors,
at a duly constituted meeting of that Board, and that the Property salisfies the criteria adopted
by Grantee relating to the quality and characteristics of a Nationally nominated Historic Place
possessing archaeologically valuable land as well as natural habitat land that should be
protected and maintained as a preserve.
The Grantee acknowledges by acceptance of this Easement that Grantor's historical and
present uses of the Property are compatible with the purposes of this Easement. Grantor has
made available to Grantee sufficient documentation to establish the condition of the Property at
the time of the gift of this Easement. In order to aid in identifying and documenting the present
condition of the Property's natural, wildlife, watershed, scenic, and aesthetic resources and
otherwise to aid in identifying and documenting the Property's open space values as of the date
hereof, to assist the Grantor and Grantee with monitoring the development and use of the
Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the
Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the
"Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a
conservation easement map as shown in Exhibit A, an aerial photograph, photographs of the
Property, a topographical map, a description and site plan of existing land uses, features, and
structures, if any. The Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's historical and present
uses of the Property or its physical condition as of the date hereof, the parties shall not be
foreclosed from utilizing any other relevant or material documents, surveys, reports,
photographs, or other evidence to assist in the resolution of the controversy.
2
0.05 Recitation
In consideration of the previously recited facts, mutual promises, undertakings and
forbearances contained in this Easement, the parties agree upon its provisions, intending to be
bound by it.
This Deed conveys a Conservation Easement (herein called the "Easement"). This
Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in
this Deed. Reference to this "Easement" or its "Provisions" in this Deed shall include any and
all of those covenants, restrictions, rights, terms and conditions.
This Easement shall be a burden upon and run with the Property in perpetuity.
The covenants, terms, conditions, restrictions and purposes of this Easement shall run
with the Property as an incorporeal interest in the Property, and shall bind the successors and
assigns of each of the parties respectively. This Easement shall extend to and be binding upon
Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and
assigns and all other individuals and entities. Any rights, obligations, and interests herein
granted to Grantee shall also be deemed granted to each and every one of its subsequent agents,
successors, and assigns, and the word "Grantee" when used herein shall include all of those
persons or entities. Any rights, obligations and interests herein granted by Grantor shall also
be deemed granted by each and every one of its subsequent agents, successors and assigns, and
the word "Grantor" when used herein shall include all of those persons or entities.
GR,N'qT AND ACCEPTANCE
GRANTOR hereby voluntarily and irrevocably grants, releases and conveys to Grantee
this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners,
tenants, occupants, assigns and possessors of said Property.
3
PROHIBITED ACTS ON THE PROPERTY
From and after the date of this Easement, the following acts, uses and practices shall be
prohibited forever upon or within the Property:
;~,01 Structures
The construction or placement of residential, commercial, industrial or other buildings
or structures of any kind or nature, permanent or temporary, on, over or under the Property
except as permitted in section 4.05,
3.02 Excavation and Removal of Materials
The excavating, mining or filling of the Protected Area except as may be necessary to
undertake further amhaeological reseamh and study of the fort site as allowed in section 4.05.
The removal of topsoil, sand, or other materials shall not take place on the Property nor shall
the topography of the Property be changed except to undertake further archaeological research
and study of the fort site without the prior written consent of the Grantee.
~.03 Subdivision
The subdivision or partitioning of the Property without the prior written consent of the
Grantee.
The dumping or accumulation of unsightly or offensive materials including, but not
limited to trash, garbage, sawdust, ashes or chemical waste on the Property except for the
archaeological research and excavation that may take place on site. Any such accumulation must
be deposited in a pre-determined location and disposed of within a reasonable period of time as
determined by the Grantor and Grantee.
3.05 Sians
The display of signs, billboards, or advertisements on the Property except un-
Illuminated signs, whose placement, number, and design do not significantly diminish the
scenic character of the Property and only for the following purposes: a) to state the name and
historical value of the Property, including interpretive signs and signs announcing New York
State and other municipal grants or contributions, b) to post the Property to control
unauthorized entry or use, c) to announce the Grantee's conservation easement.
:3,06 Cuttina of Timber
The clearing, cutting or harvesting of timber or woodland on the Property except for
the following purposes: a) to clear and restore forest cover that has been damaged or disturbed
by forces of nature or otherwise, b) to prune and selectively thin trees to create limited vistas
in accordance with good forest management practices and the purposes of this Easement, as
4
determined by the Grantee in its sole discretion, c) provide access to the fort site, and d) to
excavate the fort site and surrounding archaeological area, all of the above with the prior
written consent of the Grantee and only in accordance with the other restrictions of
this document.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility poles, wires,
pipes, wells or drainage and septic systems on the Property except with the Grantee's prior
written consent. Underground utilities must, to the extent possible, be constructed within 30
feet of the center line of roads or driveways, and may be used primarily to service the
permitted research uses on the Property.
3.08 Uses
The use of the Property for any residential, commercial, industrial, or other use or
purpose of any kind or nature except in conformance with the provisions, spirit, and
Intent of this agreement and as permitled in Section 4.03.
GRANTOR'S RESERVED RIGHTS ON THE PROPERTY
4.01 Ownershio
Subject to this Easement, Grantor shall retain all other customary rights of ownership
in the Property, some of which are more particularly described in this ARTICLE FOUR.
4.0A Possession
Grantor shall continue to have the right to exclusive possession of the Properly.
4,03 Use
Grantor shall have the right to use the Property in any manner and for any purpose
consistent with and not prohibited by this Easement, as well as applicable local, New York State,
and federal law, which will not defeat or derogate from the purposes of this Easement.
Grantor recognizes that there are special archaeological resorces present on the
property and agrees not to use the property in any manner inconsistent with the preservation of
those archaeological resources. This Easement is not intended to affect, limit or restrict
Grantor's right to the quiet use and enjoyment of the Property. This Easement shall not be
interpreted or construed in a manner contrary to or inconsistent with the foregoing.
4,04 LandscaDina Activities
Except as otherwise restricted by this agreement, Grantor shall have the right
to conduct landscaping activities necessary to the uses and improvements intended in the Article
5
Four, including, without limitation, restoration of natural vegetation, pruning and
grounds maintenance on the Property. Grantor shall have the right to conduct natural habitat
restorations consistent with Section 4.03C above. Grantor shall have the right to remove or
restore trees, shrubs, or other vegatation when dead, diseased, dangerously decayed or damaged
on the Property with the Grantor's written permission.
4,05 Structures and Imorovements
A. Allowable Residential Improvements.
Grantor shall have the right to construct no more than one (1) single-family residence
on the property with appurtenant structures and improvements reasonably necessary to serve
such residence including, without limitation, unpaved driveways, garages, storage sheds,
septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other
family-scale athletic facilities. Grantor shall have the right to remove trees, shrubs, or other
vegetation reasonably necessary to construct, repair, renovate, reconstruct and maintain the
single-family residence and accessory structures and improvements as permitted by the Town
Code of the Town of Southold. The residence and accessory, structures and improvements shall
be constructed, maintained and replaced within the Development Area as described in EXHIBIT D
except as provided in Section 3.01.
B. Allowable Non-Residential Improvements.
Grantor shall have the right to erect and maintain the following non-residential
improvements in the Easement Area which are necessary to and consistent with the uses and
purposes of this easement.
(i)
Agricultural Structures, including but not limited to barns, sheds, and silos as is
necessary for the agricultural use of the property or adjacent areas, placed such
that they do not detract from and adversely affect the scenic value of this
Easement. Such Structures are subject to the provisions of the Town Code of the
Town of Southold; and
( i i ) Unpaved Access Drives, to provide access to the improvements permitted in the
development area.
Underground facilities normally used in connection with supplying utilities,
removing sanitary sewage effluent, and controlling stormwater runoff from the
improvements permitted under the terms of this paragraph B hereof. Any such
underground utilities must, to the extent possible, be constructed within 30 feet
of the center line of roads or driveways, and may be used solely to service the
permitted structures.
(iv) Unpaved walking and hiking trails, cleared in a manner sensitive
the environmental resourses.
(vi) Modest structures related to the nature trails including but not
limited to fences, interpretive signs, boardwalks, etc.; and
to
(vll)temporay sheds and tents related to archaeological activities that
may take place on the property; and
(viii)Unimproved Access Drives to provide access to the archaeological
areas.
C. Replacement of Structures In-Kind.
In the event of damage resulting from casualty loss to an extent rendering repair of an
existing improvement impractical, erection of a structure of comparable size, bulk, use, and
general design to the damaged structure shall be permitted within the same location subject to
the review and written approval of Grantee.
D. Environmental Sensitivity during Construction.
The use and location of such improvements shall be consistent with the conservation
purposes intended herein, and constructed by methods which are attentive to minimizing
disturbances to the environment, and the archeological resources located on the
property, including but not limited to minimal removal of vegetation, minimal movement of
earth and minimal clearance of access routes for construction vehicles.
4.06 Notice
Grantor shall notify Grantee, in writing, before taking any action or before exercising
any reserved right with respect to the Property which could adversely affect the conservation
purposes which are the subject of this Easement. This includes the construction of any
permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide
Grantee with complete documentation including architectural plans of any proposed structures
which are subject to Grantees approval which shall not be unreasonably withheld. Such
approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all
necessary documentation and information is submitted to Grantee.
4.07 Alienability
Grantor shall have the right to convey all or any part of its remaining interest in the
Property but only subject to this Easement. Grantor shall promptly notify Grantee of any
conveyance of any interest in the Property, including the full names and mailing addresses of all
Grantees, and the individual principals thereof, under any such conveyance. The instrument of
any such conveyance shall specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this Easement, and shall
incorporate this Easement by reference, specifically setting forth the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply with the provisions
hereof shall not affect Grantee's rights hereunder.
7
GR/~,,r'FOR'S O~UGAT~ONS
5.01 Taxes and Assessments
If at any time, the owner of the property shall not be a governmental entity of a tax
exempt entity, such owner shall then continue to pay all taxes, levies, and assessments and
other governmental or municipal charges which may become a lien on the Property, including
any taxes or levies imposed to make those payments. If such owner fails to make such payments,
Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten
days prior written notice to Owner, according to any bill, statement or estimate procured from
the appropriate public office without inquiry into the accuracy thereof. That payment, if made
by Grantee, shall become a lien on the Property of the same priority as the item if not paid
would have become, and shall bear interest until paid by Owner at two percentage points over
the prime rate of interest from time to time charged by Citibank, N.A.
Grantor shall indemnify and hold Grantee harmless for any liability, costs,
attorney's fees, judgments or expenses to Grantee or any of its officers, employees, agents or
independent contractors arising from the physical maintenance or condition of the Property or
from any taxes, levies or assessments upon it or resulting from this Easement, all of which
shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's
fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent
contractors resulting: a) from injury to persons or damages to Property arising from any
activity on the Property, except those due solely to the acts of the Grantee, its officers,
employees, agents, or independent contractors; and b) from actions or claims of any nature by
third parties arising out of the entering into or exercise of rights under this Easement,
excepting any of those matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors.
6,01 Entry and InsDection
Grantee shall have the right to enter upon the Property at reasonable times, upon
reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's
quiet use and enjoyment of the Property, for the purpose of inspection to determine whether
this Easement and its purposes and provisions are being upheld. Grantee shall not have the right
to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to
permit access upon the Property by the public.
Grantee shall have the right to require the Grantor to restore the Property to the
condition required by this Easement and to enforce this right by any action or proceeding that
the Grantee may reasonably deem necessary. However, it is understood and agreed by the
parties hereto that the Grantor shall not be liable for any changes to the Property resulting
from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and
earth movement, or from any prudent action taken by the Grantor under emergency conditions
to prevent, abate, or mitigate significant injury to the Property resulting from such causes.
6.03 Enforcement Riahts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this
Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of
Grantee hereunder at law or in equity, in the event any breach, default or violation of any term,
provision, covenant or obligation on Grantor's part to be observed or performed pursuant to
this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which
notice requirement is expressly waived by Grantor with respect to any such breach, default or
violation which, in Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the open space values or otherwise to further the purposes of this Easement),
Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) to
institute a suit to enjoin or cure such breach, default or violation by temporary and/or
permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to cause the restoration of that
portion of the Property affected by such breach, default or violation to the condition that existed
prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as
may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or
(iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any failure, delay or election to so act
by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or violation or with respect to any other
breach, default or violation of any term, condition, covenant or obligation under this Easement.
Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's
fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in
connection with any proceedings under this Section 7.03.
6.04 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SEVEN shall not have the
effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in
exercising any remedy shall not have the effect of waiving or limiting the use of any other
remedy or relief or the use of such other remedy or relief at any other time.
Grantee shall have the right to assign any and all of its rights and responsibilities under
this Easement.
6.06 Succession
If at any time Grantee or any successor or assignee is unable to enforce this Easement
fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a
qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in
such qualified corporation, body or agency as defined and upon the conditions contained in
Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee
or any successor or assignee fails to assign all of its rights and responsibilities under this
Easement and all of its rights, title and interest in and to this Easement to a qualified
organization, then the rights and responsibilities under this Easement shall become vested in
another qualified organization, in accordance with a cy pres proceeding brought in any court of
competent jurisdiction.
This easement gives rise to a property right and interest immediately vested in the
Grantee. For purposes of this Section 6.07, the fair market value of such right and interest
shall be equal to the difference, as of the date hereof, between the fair market value of the
Property subject to this Easement and the fair market value of the Property if unencumbered
hereby (such difference, divided by the fair market value of the Property unencumbered by this
Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material
unforeseeable change in the conditions surrounding the Property makes impossible its continued
use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or
any material term or provision hereof by a judicial proceeding; then upon a subsequent
transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by
purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x)
the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share
of the proceeds of such transfer or the fair market value of the property.
If all or any part of the Property is taken under the power of eminent domain by public,
corporate, or other authority, or otherwise acquired by such authority through a purchase in
lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise
effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate
proceedings at the time of such taking to recover the full value of the interests in the Property
subject to the taking and all incidental or direct damages resulting from the taking. All expenses
reasonably incurred by the parties to this Easement in connection with such taking shall be paid
out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the
remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a
manner consistent with the purposes of this Easement. The respective rights of Grantor and
Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights
they may have by law with respect to a modification or termination of this Easement by reason
of changed conditions or the exercise of powers of eminent domain as aforesaid.
10
7,01 Entire Understanding3
This Easement contains the entire understanding between its parties concerning its
subject matter. Any prior agreement between the parties concerning its subject matter shall be
merged into this Easement and superseded by it.
This Easement can be terminated or modified only in accordance with the common and
statutory law of the State of New York applicable to the termination and modification of
easements and covenants running with the land. Grantor and Grantee recognize that
circumstances could arise which would justify the modification of certain of the restrictions
contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in
their sole discretion, to agree to amendments to this Easement which are not inconsistent with
the purposes of this Easement set forth in herein.
Any provision of this Easement, restricting Grantor's activities, which is determined to
be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be
reduced or limited to whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement which is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which shall remain
enforceable and effective.
7,04 Notice
All notices required by this Easement must be written. Notices shall be given either by
manual delivery or by mailing in a mail receptacle maintained by lhe United States Postal
Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked
for delivery by first class registered or certified mail, with sufficient prepaid postage affixed
and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's
address as recited herein, or to such other address as Grantor may designate by notice in
accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal
office, recited herein, marked for the attention of the President, or to such other address as
Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed
given and received as of the date of its manual delivery or the date of its mailing.
New York law applicable to deeds and conservation easements pertaining to land located
within New York shall govern this Easement in ali respects, including validity, construction,
interpretation, breach, violation and performance.
11
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party's attorney. No
alleged ambiguity in this Easement shall be construed against the party whose attorney drafted
it. tf any provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that provision shall be
given such interpretation as would render it valid and be consistent with the purposes of this
Easement as intended by parties. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the construction or interpretation
of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement, which is by
nature and character primarily negative in that Grantor has restricted and limited his right to
use the Property, except as otherwise recited herein, be construed at all times and by all
parties to effectuate its purposes.
7.07 Warranties
The warranties and representation made by the parties in this Easement shall survive
its execution.
Grantee shall record this Easement in the land records of the office of the Clerk of the
County of Suffolk, State of New York.
7.09 Headin(]s
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
12
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and
received this Deed of Conservation Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
(Grantor)
BY:
Russell McCall
Grantor
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST (Grantee)
BY:
John v.H. Halsey
President
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS.:
On this day of June, 1997, before me personally appeared Russell McCall, who,
being by me duly sworn, said that he resides at and that he is the Grantor
mentioned and described in and which acknowledged and accepted all the rights and
responsibilities under the foregoing instrument and this Easement conveyed therein; and that he
signed his name thereto.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS.:
On this __ day of June, 1997, before me personally appeared JOHN v.H. HALSEY,
who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton,
New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned
and described in and which acknowledged and accepted all of the rights and responsibilities under
the foregoing instrument and this Easement conveyed therein; and that he signed his name
thereto by authority of the Board of Directors of the said Corporation.
Notary Public
Schedule A: Metes and Bounds Description of the Property.
Schedule B: Metes and Bounds Description of the Protected Area.
Schedule C: Metes and Bounds Description of the Access Area.
Schedule D: Metes and Bounds Description of the Inlerpretive Center/Management Area.
Exhibit A: Conservation Easement map.
13
COMMO~TH LAND TITLE INSURANCE COMP~
TITLE NUMBER : RH970698
CERTIFICATE AND REPORT OF TITLE
FEE:
COMPANY CERTIFIES TO: Peconic Land Trust
CERTIFICATION DATE: 04/28/97
OWNER LIABILITY: $ 2,500,000.00
TYPE OF FEE:
MORTGAGE:
COMPANY CERTIFIES TO:
MORTGAGEE LIABILITY: $
TYPE OF MORTGAGE:
PURCHASER/BORROWER: PECONIC LAND TRUST
PREMISES:
Main Road, Cutchogue
TOWN: Southold
DISTRICT: 1000
SECTION: 116.00
BLOCK: 01.00
LOT: 003.000
COUNTY: SUFFOLK
SOUTHOLD TOWN
PLANNING BOARD
title No. RH970698
THIS COMPANY CERTIFIES THAT A GOOD AND MARKETABLE TITLE TO THE PREMISES DESCRIBED IN
SCHEDULE A, SUBJECT TO THE LIENS, INCLrMBP~kNCES AND OTHER MATTERS, IF ANY, SET FORTH IN
THIS CERTIFICATE MAY BE (CONAFEYED) (MORTGAGED) BY:
THE NORTH FORK BANK & TRUST CO., as co-executor and WILLIAM J. BAXTER,
JR., individually and as co-executor of the Estate of William J.
Baxter, deceased.
William J. Baxter and William J. Baxter, Jr. acquired title by deed dated 3/25/59 and
recorded 3/31/59 in Liber 4605, cp 380.
SCHEDULE B IN WHICH ARE SET FORTH THE ADDITIONAL MATTERS WHICH WILL APPEAR IN THE POLICY
AS EXCEPTIONS FROM COVERAGE, UNLESS DISPOSED OF TO THE COMPANY'S SATISFACTION PRIOR
TO THE CLOSING OR DELIVERY OF THE POLICY:
DISPOSITION
5(a).
TAXES, TAX LIENS, TAX SALES, WATER RATES, SEWER RENTS AND ASSESS-
MENTS SET FORTH IN SCHEDULE HEREIN.
MORTGAGES RETURNED HEREIN (TWO ). DETAILED STATEMENT WITHIN.
ANY STATE OF FACTS WHICH AN ACCURATE SURVEY MIGHT SHOW.
OR
SURVEY EXCEPTIONS SET FORTH HEREIN.
RIGHTS OR CLAIMS OF PARTIES OTHER TH~2q THE INSURED IN ACTUAL
POSSESSION OF ANY OR ALL OF THE PROPERTY.
COVENANTS, CONDITIONS, EASEMENTS, LEASES, AGREEMENTS OF RECORD,
ETC., MORE FULLY SET FORTH IN SCHEDULE HEREIN:--
Boundary Line Agreement in Liber 4673, cp 203; as amended
by Agreement in Liber 6908, cp 356; (to include Right of
Way).
Senate Bill 6794B/Assembly Bill 9149B signed into law on
3-31-90 requires penalties on transfer tax not paid within
15 (fifteen) days of closing. Company will not be
responsible for transfer tax penalties due and owing at
time of closing.
Closing deed to contain recital, "Premises are the same as
those described in Liber 4605, cp 380", to William J.
Baxter and William J. Baxter, Jr.
Company excepts all unpaid water charges and does not make
searches for same.
Closing deed to be a Executor's Deed reciting full
consideration.
10. Original contract of sale must be presented at,
to, closing.
(Continued)
or prior
SCHEDULE B CONTINUED:
TITLE NO. RH970698
11.
12.
RIPARIAN EXCEPTIONS:
bo
No title insured to any lands now under the waters
Down's Creek.
Subject to the rights of the public to navigate the
waters of Down's Creek.
do
Subject to the Riparian rights of others fronting on
DoWn'S Creek.
Riparian rights of the owners of the subject premises
are not insured.
Rights of the Governmental Authorities to improve
navigation and change bulkhead lines without
compensation to upland owners.
The following TWO (2) judgments vs. William J. Baxter to
be satisfactorily disposed of:
Suffolk Aneshesiology Amount:
Associates, P.C. Dock:
48 Route 25A Perf:
Smithtown,NY 11787 Court:
vs
William B Baxter Atty:
32 Ridge Road
Ridge,NY 11961
865.17
10/10/95
9/20/95
4th-suffolk
Howard S Dworkin
662 Franklin Ave
Suite 300
Garden City,NY
11530
Commissioner of Tax- AmOlknf:
ation & Finance Dock:
POB 5149 Perf:
Albany,NY 12205 Court:
vs
Willie R Baxter Atty:
121 Industrial Blvd
Riverhead,NY 11901
428.81
4/24/97
4/17/97
Warr-Suffolk
N/A
Continued)
SCHEDULE B CONTINUED:
TITLE NO. RH970698
13.
In the absence of a survey, Company will not certify as to
the location nor dimensions of within described premises
on all sides, and will except any state of facts an
accurate survey may show.
NOTE:
NOTE:
Effective July 1, 1993 each document that is to be
recorded in the Suffolk County Clerk's Office must
be accompanied by the Recording and Endorsement
page, a copy of which is enclosed for your
information and use.
Ail documents to be recorded in the Office of the
Suffolk County Clerk must be executed in BLACK INK
only, and all pages thereof must be CLEARLY
LEGIBLE, or this Company can assume no
responsibility for the recording of same.
Title NA RH970698
TAX SCHEDULE
T.M. 1000-116-01-003
Described property
104.5 Ac.
w
N The tax ~earch made herein covers
only the premises shown on above
E diagram, and no search is made
against any part of the street on
which said premises abut.
ASSESSED TO:
County Suffolk
Section
Block
Lot (s)
Assessed Valuation
Baxter Prop.
City
Town Southold
Village Mattituck (Not Inc. )
School District No. 9
PROPERTY CLASS: 120
Land $ 27,100 Total $
28,600
Disposition
KXCEPT
2215-3
RETURNS
1996/97 Total Tax $19,163.93
1st half - Paid 1/10/1997
2nd half - OPEN
1Q82/83 to 1995/96 paid
, ,~81/82 & prior need chain of title
WATLR: No QTS: 5/19/1997
Water meter and sewer rental charges accruing since the date of the last
reading and building purpose or unfixed water frontage charges subsequently
entered.
Commonweaith
SUFFOLK COUNTY REAL ESTATE TAXES
The information provided is believed to be accurate, but is not guaranteed.
LOCAUTY TAX* DUE DATE** PERIOD COVERED GRACE PENALTIES
Bablyon Town 12/1 & 5/10 Tax year is 40 & 2t days
Brookhaven Town 12/1 & 5/10 12/1 - 11/30 40 & 21 days
East Hampton Town 12./1 & 5/10 40 & 21 days
Huntington Town 12/1 & 5/10 40 & 21 days
Islip Town 12/1 & 5/10 40 & 21 days
Riverhead Town 12/1 & 5/10 40 & 21 days
Shelter Island Town 12/1 & 5/t0 40 & 21 days
Smithtown Town 1 2/1 & 5/10 40 & 21 days
Southhold Town 12/1 & 5/10 40 & 21 days
Southhampton Town 12/1 & 5/10 40 & 21 days
All Towns:
After Jan. 10- 1%
After Feb. 10 - 2%
After Mar. 10 - 3%
After Apr. 10 - 4%
After May 10 - 5%
After May 31, penalty plus 5% interest
After June 30, penalty plus 6% interest
After July 31, penalty plus 7% interest
After August 31, penalty plus 8% interest
After Sept. 30, penalty plus 9% interest
After Oct. 30, penalty plus 10% interest
NOTE: Whenever unpaid taxes are advertised for sale advertising charge is added to tax bill.
*School Tax included in Town Tax~
**The entire tax is a llen on Dec. 7, even though payable in two installments.
VILLAGE REAL ESTATE TAXES FOR INCORPORATED VILLAGES
DUE PERIOD DUE PERIOD
LOCALITY DATES COVERED GRACE LOCALITY DATES COVERED GRACE
6/1 & 12/1
6/1
Amityville 6/1 - 5/31 30 days both
Asharoken 6/1 - 5/31 30 days
Babylon 6/1 6/1 - 5/31 30 days
BelleTerre 6/1 6/1 - 5/31 30 days
Bellport 6/1 6/1 - 5/31 30 days
Bright Waters 6/1 6/1 5/31 30 days
Dering Harbor 6/1 & 12/1 6/1 - 5131 30 days 1st Y'~
East Hampton 8/1 8/1 - 7/31 30 days
Greenport 6/1 6/1 - 5/31 30 days
Head of Harbor 3/1 311 2/28 30 days
Huntington Bay 6/1 6/1 5/31 30 days
Lake Grove 6/I 6/1 5/3t 30 days
Lindenhurst 3/1 3/1 2/28 30 days
Lloyd Harbor 6/1 6/1 5/31 30 days
NJssequogue 6/1 6/1 5/31 30 days
North Haven 6/1 6/1 - 5/31 30 days
Northport 3/1 3/1 - 2/28 30 days
Ocean Beach 6/1 6/1 - 5/31 45 days
Old Field 3/1 3/1 - 2/28 30 days
Patchogue 6/1 6/1 - 5/31 30 days
Poquott 6/1 6/1 - 5/31 30 days
Port Jefferson 6/1 6/1 5/31 30 days
Quogue 6/1 6/1 - 5/31 30 days
Sag Harbor 6/1 6/1 - 5/31 30 days
Saltaire 8/1 8/1 7/31 30 days
Shoreham 8/1 8/1 7/31 30 days
Southampton 6/1 6/1 - 5/31 30 days
The Branch 6/t 6/1 5/31 30 days
Westhampton 6/1 6/1 5/31 30 days
NO. RH970698
MORTGAGE SCHEDULE
Disposition
(1)
MORTGAGOR:
The North Fork Bank and
Trust Co., as co-executor
of the Estate of William
J. Baxter, deceased and
William J. Baxter, Jr.,
individually, and as
co-executor of the Estate
of William J. Baxter,
deceased
MORTGAGEE:
The North Fork Bank
and Trust Company
AMOb~T: $ 100,000.00
DATED: 10/5/90
RECORDED: 10/17/90
LIBER 16353 MP
550
(2) MORTGAGOR:
North Fork Bank, as
Successor by merger to
The North Fork Bank and
Trust Co., as co-executor
of the Estate of William
J. Baxter, deceased and
William J. Baxter, Jr.,
individually and as
co-executor of the Estate
of William J. Baxter,
deceased
MORTGAGEE:
North Fork Bank, as
Successor by merger to
The North Fork Bank
and Trust Company
AMOUNT: $ 30,000.00
DATED: 12/23/92
RECORDED: 1/7/93
LIBER 18521 MP
269
(Continued)
MORTGAGE SCHEDULE CONTINUED:
TITLE NO. RH970698
CONSOLIDATION AND EXTENSION AGREEMENT:
BETWEEN
North Fork Bank, as
Successor by merger to
The North Fork Bank
and Trust Company
AND
North Fork Bank, as
Successor by merger to
The North Fork Bank
and Trust Company, as
co-executor of the Estate
of William J. Baxter,
deceased and William
J. Baxter, Jr., individually
and as co-executor of the
Estate of William J. Baxter,
deceased
DATED: 12/23/92
RECORDED: 1/7/93
LIBER 18521 MP 274
CONSOLIDATES AND EXTENDS MORTGAGE IN LIBER 16353, MP
550 WITH MORTGAGE IN LIBER 18521, MP 269 TO FOP=M A
SINGLE LIEN OF $130,000.00.
(Continued)
MORTGAGE SCHEDULE CONTINUED:
TITLE NO. RH970698
EXTENSION OF MORTGAGE:
ASSIGNOR:
ASSIGNEE:
DATED:
P~ECORDED:
LIBER
North Fork Bank, as
Successor by merger to
The North Fork Bank
and Trust Company
North Fork Bank, as
Successor by merger to
The North Fork Bank
and Trust Company, as
co-executor of the
Estate of William J.
Baxter, deceased and
William J. Baxter, Jr.,
individually and as
co-executor of the
Estate of William J. Baxter,
deceased
6/9/95
6/20/95
18955 MP 867
EXTENDS MORTGAGE IN LIBER 18521, MP 274
THESE MORTGAGE RETURNS, UNLESS THE MORTGAGE IS TO BE INSLrRED,
WILL APPEAR AS EXCEPTIONS FROM COVERAGE. THE INFORMATION SET
FORTH HEREIN IS OBTAINED FROM THE RECORDED INSTRUMENT.
SOMETIMES, TH~ PROVISIONS OF A MORTGAGE ARE MODIFIED BY
AGP. EEb~TS W~ICH ARE NOT RECORDED. WE SUGGEST THAT YOU
CO~4UNICATE WITH THE MORTGAGEE, IF YOU DESIRE ANY ADDITIONAL
INFORMATION. IF THEP~E HAS Bk~ A CHANGE IN TH~ OWNERS AND
HOLDERS OF THE MORTGAGE, SUCH INFOP~MATION SHOUI/) BE FU~RNISRED TO
US PROMPTLY TO ENABLE FURTHER SEARCRES TO BE MADE.
second Dart immediately adjoin~n(; the above descr}bed land of
f
COMMON~FEALTH LAND TITLE INS~CE COMPA~NY
TITLE NO. RH970698
SCHEDULE A
THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being in Cutchogue, in the Town of Southold, County
of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southerly line of the Main Road, 1421 feet more or less
westerly along said southerly line from Linden Avenue, said point of beginning being
the northwesterly corner of land now or formerly of William Wickham, from said point of
beginning running along said land now or formerly of Wickham, two (2) courses as
follows:
1) South 16 degrees 14 minutes East 142.33 feet; thence
2) North 75 degrees 01 minute 10 seconds East 70.00 feet to land now or formerly of
Muzinic~ thence in a general southerly direction along a gutter and land of Muzinic,
about 2500 feet to Down's Creek; thence still in a general southerly direction along
ordinary high water mark of said Down's Creek, about ~420 feet to land now or formerly
of Ruth Houston;
THENCE along said land now or formerly of Houston, three (3) courses, as follows:
1) South 84 degrees 42 minutes 40 seconds West 270 feet;
2) South 10 degrees 48 minutes 40 seconds West 99.65 feet; thence
3) South 17 degrees 54 minutes 10 seconds West 242.96 feet to an iron pipe at the
northwesterly corner of land now or formerly of Robert Dart; thence along said land now
or formerly of Dart, South 15 degrees 50 minutes 40 seconds West 327.04 feet to an iron
pipe on the northerly line of New Suffolk Avenue North 64 degrees 58 minutes 20 seconds
West 30.40 feet to a monument and land now or formerly of Donald Wineman;
THENCE along said land now or formerly of Wineman, four (4) courses, as follows:
1) North 15 degrees 50 minutes 40 seconds East 322.73 feet;
2) North 17 degrees 54 minutes 10 seconds East 241.63 feet to a monument;
3) South 64 degrees 26 minutes 40 seconds West 380.00 feet to a monument; thence
4) South 13 degrees 39 minutes 20 seconds West 270.00 feet to a monument on said
northerly line of New Suffolk Avenue; thence along said northerly line of New suffolk
Avenue, North 64 degrees 58 minutes 20 seconds West 1107.06 feet to land now or
formerly of Andruski;
THENCE along said land of Andruski, four (4) courses, as follows:
1) North 83 degrees 50 minutes 00 seconds East 536.10 feet to an iron pipe;
2) North 11 degrees 28 minutes 30 seconds East 1055.34 feet;
3) North 12 degrees 24 minutes 10 seconds East 847.95 feet; thence
4) North 08 degrees 06 minutes 00 seconds West 1078.44 feet to said southerly line of
the Main Road;
(Continued)
of the Main Road, five (5) ~rses,
SCHEDULE A: (continued)
TKENCE along said southerly
l) North 60 degrees 20 minutes 20 seconds East 236.72 feet;
2) North 55 degrees 17 minutes 30 seconds East 471.65 feet;
3) North 58 degrees 21 minutes 50 seconds East 238.69 feet;
4) North 62 degrees 08 minutes 50 seconds East 274.26 feet; thence
5) North 65 degrees 10 minutes 40 seconds East 288.16 feet to the point of
BEGINNING.
as follows:
FOR CONVEYANCING ONLY, (Together with all right, title and interest of,
IF IN'r~NDED FOR CONVEYANCING(and to any streets and roads abutting the above
(described premises, to the center line thereof.
CHARLES R. G~JDDY
May 29, 1997
Southold Town Planning Board
Town Hall
Southold, New York 11971
This is to confirm our understanding that William J. Baxter Jr. has
agreed to withdraw the existing subdivision application pending
before the Planning Board upon the specific condition that the
Board approve, not later than June 30, 1997, a subdivision of the
parcel proposed by Peconic Land Trust into two or three lots, one
of which is to be conveyed to the Town of Southold.
This is to confirm that the owner, William J. Baxter Jr. indiv-
idally and as co-executor of the Estate of William J. Baxter has
granted permission to Peconic Land Trust to proceed with the
subdivision as above indicated.
In the event that the two or three lot subdivision as referred to
is not completed by June 30, 1997, as evidenced by a resolution of
the Planning Board, then it is the specific understanding of
William J. Baxter Jr. individually and as co-executor of the Estate
of William J. Baxter that the existing subdivision application and
all of the proceedings in connection with that application will be
reinstated. If this is not the understanding of the Planning Board
or if you have any questions whatsoever concerning the contents of
this letter, please promptly contact me.
Thank you.
Very truly yours,
Charles R. Cuddy /j
CRC/ec
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL ST.X. TISTICS
MARRIAGE OFFICER
RECORDS MANAGEMEN~C OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 27, 1997:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Jean W. Cochran to execute a Letter of Intent to
purchase the agricultural development rights in the property of William J.
Baxter, Jr., all in accordance with the approval of the Town Attorney.
T. Terry
Southold Town Clerk
May ZS, 1997
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS .MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 27, 1997:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Jean W. Cochran to execute a Deed of Conservation
Easement between the Town and the Peconic Land Trust, [nc. with regard
to the William J. Baxter, Jr. property, all in accordance with the approval
of the Town Attorney.
Judith T. Terry ~/
Southold Town Clerk
May 28, 1997
JUDITH T. TEKRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
I~ARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY Z7, 1997:
WHEREAS, the Town Board of the Town of Southold wishes to purchase the
open space property of William 3. Baxter, Jr.; and
WHEREAS, the Town Board held a public hearing with respect to said acquisition
on the lTth day of May, 1997, pursuant to the provisions of the Southold Town
Code; and
WHEREAS, the Town Board deems it in the public interest that the Town of 5outhold
acquire the open space as set forth in the proposed acquisition between the Town
of Southold and William J. Baxter, Jr.; now, therefore, be it
RESOLVED that the Town Board hereby elects to purchase the open space property
of William 3. Baxter, Jr., comprising 51 acres, at a sale price of $23,500.00 per
acre; said property located on the south side of NYS Route 25, Cutchogue, New
York; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorizes and
directed to give notice of such acceptance to William J. Baxter, Jr.; and be it
FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed
to execute any and all required documents for the acquisition of said property, ail
in accordance with the approval of the Town Attorney.
Judith T. Terry
Southold Town Clerk
May 28, 1997