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HomeMy WebLinkAbout1000-17.-6-14.1GLUSTEP-.IED SUBDIVISION POP-. THE TUTHILL PAhllL¥ SITUATE: ORIENT TOI~IN: 54)UTHOLD SUFFOLK COUNTY, NY SE.F~TI~, S'r'ST~h" OR.TAIL T'fPIOAL PLOT PLAN T'~PICAL kq~LL no~ to 5cate r O! SUBJECT TO COVENANTS & RESTRICTIONS LIBRR PAGE APPROVED BY PLANNING BOARD T~ .'N OF sOUTHOLD k f ", / / / / / / / / ¢~.APHI C 5CALE IOO' JOHN' C. EHLERS LAND SURVEYOR 6 EAST lCu~ IN STREET Iq.Y.S. LIC. NO. 50202 I RIVERHEAD, N.Y. 11901 369-82881:;I x 369-8287 REF.-\~-IP SERVER~D~PROS~99-273n.pro PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR, JR. P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August13,2002 Ms. Peri Youmans cio Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off for John Tuthill Located on the southwest corner of the intersection of Main Road & Rackett's Court in Orient SCTM # 1000-17-6-14.1 Zoning District: R-80 Dear Ms. Youmans: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, August 12, 2002: WHEREAS, a Term Scenic and Conservation Easement for the 35.92 parcel was recorded on December 31, 2001, filed as Liber D0012160 Page 868 with the Suffolk County Clerk; and WHEREAS, the Southold Town Planning Board, granted conditional final approval on August 13, 2001 on the map dated April 26, 2001; and WHEREAS, the conditions of conditional final approval have been met; 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 final approval on the maps, dated April 26, 2001, and authorize the Chairman to endorse the final map. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Tuthill - Paqe Two - 8/13/02 Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman CC: Land Preservation Coordinator Land Preservation Board Tax Assessor Building Department Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage lnstrament Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) KP.T.S.A. Comm. of Ed. Affidavit Reg. Copy Other -- GRAND TOTAL ~,~? Service ,~ ;ency Verification ection 7. ao B lock Lot 06.00 O/q. Suffolk TNs page fom~s part oft_he ,50/-tff/3,/W'#/.~. TO BOXES 5 THRU 9 MUST BE q ;es List Property Owners Mailing Address D & RETURN TO: . ? Mortgage Amt. 6 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT, MTG. TAX Dual Town__ Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ improved Vacant Land TD TD TD 8 [ Title Company Information Co. N am eOOf'vl/3q · County Recording & Endorsement Page attac~ Ic 7"~',~ /}/ ~ E I'J I(2 ~_~/de-w~ !//iTI O a/ (SPECIFY TYPE OF INSTRUMENT ) 17~) ff~'fllC~ The premises herein is situated in 5.7'//77-///2./~J~/z.¢ A/~. SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of made by: YPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, ~ (OVER) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT/DOP N~ber of Pages: 8 TRANSFER TAX NUMBER: 01-20515 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 017.00 06.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 12/31/2001 11:24:06 AM D00012160 868 Lot: 014.001 Received the Following Fees For Page/Filing $24.00 COE $5.00 Notation $0.00 RPT $15.00 Transfer tax $0.00 TRANSFER TAX NU~m~R: 01-20515 THIS PAGE IS Above Instrument Exempt NO Handling NO TP-584 NO Cert. Copies NO SCTM NO Comm. Pres Fees Paid Exempt $5.00 NO $5.00 NO $4.00 NO $0.00 NO $0.00 NO $58.00 A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County GRANT OF TERM SCENIC AND CONSERVATION EASEMENT THIS INDENTURE made this /2,[:~- ~ay of ~"~s.l~ , 2000, by and between JOHN B. TUTH1LL LIMITED FAMILY PARTNERSHIP, a/k/a JOHN B. TUTHILL FAMILY L.P., c/o John B. Tuthill, PO Box 192, Orient, NY 11957, (the "Grantor") and the TOWN OF SOUTHOLD, a Municipal Corporation of the State of New York having its office at 53095 Main Road, Southold, Suffolk County, New York, (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land consisting of thirty-four (34) acres, more or less, of farm and meadow land adjacent to Orient Harbor in the Hamlet of Orient, Town of Southold, Suffolk County, New York, and SCTM# 1000-17-6-14.1, generally bounded northerly by Main State Road; easterly by other land now or formerly of Tuthill and others; southerly by Orient Harbor, and westerly by land now or formerly of Van Cleef, said lands being shown and delineated on a certain map entitled "Proposed "Setoff' of Property Situate Orient, Town of Southold, Suffolk County, New York" made by John C. Ehlers, Land Surveyor, Riverhead, New York, dated December 17, 1999, and more fully described in Schedule A hereunto annexed and made a part hereof, which said lands are hereinafter referred to as the "premises," and WHEREAS, said premises constitute an area of natural scenic beauty whose existing openness, natural condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources; and WHEREAS, the Grantor wishes to grant a term scenic and conservation easement to the Grantee upon the premi~eg; and WHEREAS, the Grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of estuarine areas in the Town of Southold; and WHEREAS, Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the fee or a lesser interest, development right, easement, covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes; and WHEREAS, a public hearing was held by the Town Board of the Town of Southold after due notice thereof, with respect to the terms and conditions embraced herein, at which public hearing all interested persons were given an opportunity to be heard; NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR and other good and' valuable consideration paid by the Grantee to the Grantor the receipt of which is hereby acknowledged, this agreement witnesseth that: 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises. 2. The nature, character, and extent of the easement hereby granted is as follows: (a) No dredging, excavating, or land fill operations shall be authorized or permitted in or on the premises excepting that the existing dredged channel may be dredged to maintain the entrance to the creek on the premises in substantially the condition in which the same now exists. Co) Except as provided in paragraphs 2 (c) and 2 (e) no development of any kind shall be permitted nor shall any commercial uses except agricultural and fishing uses be made of the premises including the beaches or meadow, or underwater lands adjacent to the premises. (c) No buildings or structures shall be placed or erected on the premises except for the following: i. Grantor shall have the right to maintain the existing farm vegetable stand and make modest improvements provided that such improvements do not exceed 50% of the existing footprint, subject to regulatory approval. ii. Grantor shall have the right to store fishing nets, stakes, boats and other fishing equipment adjacent to the creek entrance at or near Orient Harbor. iii. Grantor shall have the right to install a septic system and a water supply system in the open area to serve the development area as shown on a survey of the property made by John C. Ehlers, Land Surveyor, Kiverhead, New York, dated December 17, 1999. , (d) No gravel, sand, peat or other material, except salt hay, thatch, seaweed or drift shall be removed from the premises nor shall any sand, gravel or other materials be placed upon the premises. (e) No roadways or driveways shall be constructed on the premises except unimproved farm roads. (f) The Grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereof. The nature, character, and extent of limitations on the within grant of easement are as follows: (a) Notwithstanding the provisions hereof, the premises shall remain at all times in the exclusive possession of the Grantor. (b) All rights, interests and privileges of the Grantor in the premises not herein specifically donated, granted, transferred and conveyed shall remain and reside with the Grantor~ In the event that the Grantor has an offer from a prospective buyer to purchase the premises, or any part thereof, the Grantor shall give the Grantee 120 days notice of such proposed sale and the terms thereof. The Grantee shall have the option to purchase the development rights on the portion of the premises that is subject to the terms of this easement within said one-hundred twenty (120) day period provided that the prospective buyer is in agreement and is willing to purchase the remainder of the property in its restricted form. In the event the prospective buyer is not willing to purchase the restricted property, Grantee will then have the right to purchase the entire property on the same terms as the proposed sale to the prospective buyer. The purchase price for the developmem rights and/or fee title shall be the appraised value as determined by an appraiser acceptable to both Grantor and Grantee. If the parties hereto cannot agree upon an appraiser, each party shall appoint an appraiser, and each of such appraisers shall appraise the development rights. If the average value of the two appraisals is not acceptable to both parties, the two appraisers shall mutually select a third appraiser who shall then appraise the development rights and/or fee. The average of the three , appraisals shall conclusively determine the appraisal price. FROM : FAX NO. : Fidelity National Title INSUI~t. NCF. COMPANY OF NBW YO~.K Dec. 31 2881 18:39RM P2 Title No. 01-3704-33692.SS SCHEDULE A COMMENCING at the point of intersection formed by the southerly side of Main Road (State Road 25) and the westerly side of a private road otherwise known as "Rackett's Court" said point also being 324 feet from the corner of Main Road (State Road 25) and the westerly side of Oysterponds Lane said point also being the northeast corner of the land of John B. Tuthill; and RUNNING THENCE from said point or place of begiD_ning; South 32 degrees 34 minutes 40 seconds West, along the westerly side of Rackett's Court a distance of 435.40 feet to the southwesterly corner of "Rackett's Court"; THENCE South 54 degrees 24 minutes 10 seconds East along the southerly line of "Rackett's Court" and the land of Bryant Tabor, a distance of 178.36 feet to a monument and the land of A & R Abersmith; THENCE South 32 degrees 44 minutes 50 seconds West along the land of Abersmith, Dispenza, Neilson, Newman and Van Cleef through a monument a distance of 443.28 feet to the northeast corner of land of Henrietta Rackett; THENCE along the land of Rackett North 55 degrees 36 minutes 10 seconds West a distance of 316.18 feet to a point; THENCE South 34 degrees 09 minutes 00 seconds West, along the land also along the land of Mary Jane Hicks a distance 353.40 feet to a point adjacent to the corner of a concrete seawall and the waters of a tidal creek fed from Orient Harbor; THENCE South 89 degrees 07 minutes 16 seconds West, a distance of 319.55 feet to the average high water mark of Orient Harbor; THENCE along the average high water mark of Orient Harbor North 57 degrees 01 minute 53 seconds West, a distance of 585.13 feet to the land of Van Cleef; THENCE along the land of Van Cleef and through a post North 20 degrees 16 minutes 40 seconds East, a distance of 1252.83 feet to the southerly lien of Mein Road (State Road 25); 24 Commerce Drive · Rivcrhead, New York 11901 · Telephone: (631) 727-0600 · Fax:: (631) 727-0606 FROM : FAX NO. : Fidelity N tional Title INSURANCE COMPANY OF NEW YORK Dec. 31 2881 10:39~M P3 THENCE the following eight courses and distances along the southerly side of Main Road (State Road 25) South 80 degrees 44 minutes 40 seconds East, a distance of 257.40 feet; THENCE South 76 degrees 14 minutes 20 seconds East, a distance of 142.53 feet; T~ENCE South 104.15 feet; 66 degrees 32 minutes 40 seconds East, a distance of THENCE South 118.64 feet; THENCE South 251.94 feet; 61 degrees 42 minutes 30 seconds East, 59 degrees 50 minutes 00 seconds East, a distance of a distance of THENCE South 190.57 feet; THENCE South 178.91 feet; 56 degrees 22 minutes 50 seconds East, a distance of 55 degrees 26 minutes 00 seconds East, a distance of THENCE South 54 degrees 30 minutes 00 seconds East, a distance of 59.40 feet to the westerly line of Rackett's Court and to the point or place of BEGINNING. Containing 35.92 kcres. 24 Commerce Drive - Rivertle. ad, New York 11901 · Telephone: (631) 72743600 · Fax:: (631) 727-0606 The failure of the Grantee to insist upon the strict performance of any of the terms, conditions, covenants, or restrictions contained herein, shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, covenants, or restrictions contained herein. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this agreement shall forthwith cease from the date of title vesting in such proceeding. In such event the Grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall any part of any award belong to the Grantee. The Grantee covenants that to the extent legally permissible the valuation placed upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in accordance with Section 247 of the General Municipal law of the State of New York. All the covenants, conditions, reservations, restrictions, easements, and provisions of this agreement shall continue and remain in effect until the 31'q day of December, 2004, at which time Grantor, in its sole discretion, may extend all of the provisions hereof for three successive periods of five (5) years. The burden of this easement shall mn with the land and shall be binding upon the parties hereto, and their successors and assigns. STATE OF NEW YORK) COUNTY OF SUFFOLK) SSA T~xof Southold (~h J~n W. cochran, bu~isor John B. Tuthill Family L. P. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTI Recorded: ~m~er of Pages: 6 At: LIBER: PAGE: District: Section: Block: 1000 017.00 06.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $18.00 NO Handling COE $5.00 NO TP-584 Notation $0.00 NO Cert. Copies RPT $15.00 NO SCTM Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT lO/15/2OOl 02:54:29 PM D00012147 149 Lot: 014.001 Exempt $5.00 NO $0.00 NO $6.00 NO $0.00 NO $49.00 Edward P.Romaine County Clerk, Suffolk County ,Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. /tS ' Comm. of Ed. 500 Reg. Copy Other Deed / Mortgage Tax Stamp FEES Sub Total Sub Total ;~, ~ 6~} -- R^ DTOTAL ¼q. 00 Real Property Tax Service Agency Verification Dist. Section B lock Lot RECORDED 2001 Oct. 15 02:54:29 PM Eduard P.Romaine CLERK OF SUFFOLK COUNTY L D00012147 P 149 Recording / Filing Sta~nps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ tteld for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved lnitial~ 91 >ns/Discharges/Releases List Property Owners Mailin RECORD & RETURN TO: Vacant Laod TD TD TD I o.IName Title Company Information Title # Suffolk County Recording & Endorsement Page 'Ihispagefonnspartoftheattached -I~gC[~ ~ ~X~ v~n~-~ ~ /~8',51L~./[l~;tl,I nlade by: (SPECIFY TYPE OF INSTRUMENT ) %0 ~'lt~] 8,T/af~l'~l The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of BOXES 5 'IltRU 9 MUST BE TYPED OR PRII'fFED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made thisIl ay o~r, 2001, by The John B. Tuthill Limited Fami~ Partnership a/k/a John B. Tuthill Family L.P., with an address at c/o John B. Tuthill, ¢:Or-Brer-l~)~, Orient, NY 11957, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the south side of Main Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two (2) lots, as shown on the Setoff Map of "Clustered Subdivision for the Tuthill Family" prepared by John C. Ehlers, Land Surveyor, last dated April 26, 2001 which map is to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said lots that the within Covenants and Restrictions be imposed on both lots (#1 and #2), and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interest of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lot #2 within said setoff map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: WHEREAS, the DECLARANT is required, pursuant to the Conditional Sketch Approval granted by the Planning Board of the Town of Southold in a resolution adopted on March 7, 2000, and pursuant to Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted August 13, 2001, to create a covenant and restriction on pamel 2 as follows: 1. The set-off known as "Clustered subdivision for the Tuthill Family" located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 square feet. The Planning Board has allowed the application to be processed as a cluster subdivision, thereby allowing the creation of a 25,015 square foot lot (Lot # 1) as shown on the map as last amended on April 26, 2001. In accordance with the cluster provisions, 54,985 square feet (the difference between 80,000 square feet and 25,015 square feet) must be excluded from the yield of any future development of the remaining parcel (Lot # 2). 2. New drainage installations shall contain mn-off generated by all new construction. This includes but is not limited to all roof areas, driveways, patios, and other similar impervious surfaces. The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall be enforceable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of a majority plus one of the Planning Board of the Town of Southold after a public heating. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. 1N WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. For the John B. Tuthill Limited Family Partnership aJk/a John B. Tuthill Family L.P.: By¢'~ohn B. Tuthill, General Partner State of New York SS. County of Suffolk On the I I~ day of (~[~,r' in the year~t~t)l before me, the undersigned, a Notary Public in and for said state, personally appeared ~'"ohs.t ~. "Fo+k~' ~ [ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. ~J24,~' ~7,~r,*-~._~_~ Notary Public ~,/' Pe,I L. Yaumm~ Notary Public 8te~Jl ~ ~ O Fidelity NatiOnal Title INSUKANCE COMPANY OF NEW YORK Title No. 01-3704-33692.SS COMMENCING at the point of intersection formed by the southerly side of Main Road (State Road 25) and the westerly side of a private road otherwise known as "Rackett,s Court,, said point also being 324 feet from the corner of Main Road (State Road 25) and the westerly side of Oysterponds Lane said point also being the northeast corner of the land of John B. Tuthill; and RUNNING THENCE from said point or place of beginning; South 32 degrees 34 minutes 40 seconds West, along the westerly side of Rackett's Court a distance of 435.40 feet to the southwesterly corner of "Rackett's Court"; THENCE South 54 degrees 24 minutes 10 seconds East alonq the southerly line of "Rackett,s Court" and the land of Bryant ~abor, a distance of 178.36 feet to a monument and the land of A & R Abersmith; THENCE South 32 degrees 44 minutes 50 seconds West along the land of Abersmith, Dispenza, Neilson, Newman and Van Cleef through a monument a distance of 443.28 feet to the northeast corner of land of Henrietta Rackett; THENCE along the land of Rackett North 55 degrees 36 minutes 10 seconds West a distance of 316.18 feet to a point; THENCE South 34 degrees 09 minutes 00 seconds West, along the land also along the land of Marl; Jane Hicks a distance 353.40 feet to a point adjacent to the corner of a concrete seawall and the waters of a tidal creek fed from Orient Harbor; THENCE South 89 degrees 07 minutes 16 seconds West, a distance of 319.55 feet to the average high water mark of Orient Harbor; THENCE along the average high water mark of Orient Harbor North 57 degrees 01 minute 53 seconds West, a distance of 585.13 feet to the land of Van Cleef; THENCE along the land of Van Cleef and through a post North 20 degrees 16 minutes 40 seconds East, a distance of 1252.83 feet to the southerly lien of Main Road (State Road 25); 24 Commerce Drive · Riverhead, New York 11901 · Telephone: (631) 727-0600 · Fax:: (631) 727-0606 O Fidelity Nat h. al Title INSURANCE COMPANY OF NEW YORK THENCE the following eight courses and distances along the southerly side of Main Road (State Road 25) South 80 degrees 44 minutes 40 seconds East, a distance of 257.40 feet; THENCE South 76 degrees 14 minutes 20 seconds East a distance of 142.53 feet; , THENCE South 66 degrees 32 minutes 40 seconds East, a distance of 104.15 feet; THENCE South 61 degrees 42 minutes 30 seconds East, a distance of 118.64 feet; THENCE South 59 degrees 50 minutes 00 seconds East, a distance of 251.94 feet; THENCE South 56 degrees 22 minutes 50 seconds East a distance of 190.57 feet; , THENCE South 55 degrees 26 minutes 00 seconds East, a distance of 178.91 feet; THENCE South 54 degrees 30 minutes 00 seconds East, a distance of 59.40 feet to the westerly line of Rackett,s Court and to the point or place of BEGINNING. Containing 35.92 Acres. RECORDED 2001 Oct 15 02:54:29 PH Edward P,Romaine CLERK OF S~FFOLK COUNTY L D000i2147 P 149 STALE OF NEW YORK SS: COUNTY OF SUFFOLK I EBIWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF. ~ / DO __ '/,, ,/-~ A~ PAGE//_/~ RECORDED ~,~/2'/~ ~/~/ DEED LIBEH /~/~,(. _ ~ .... ~'~ e,,~ m~ AL DECLARA~ON AND OF THE WHOLE AND THAT IT IS A dUST AND/HU~ ~u~ ur ~u~ ....... IN ..... THEREOF. IN T~STIMONY WIlE.EOF, >~ .ESEUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID CLERK personally appeared q~[O_O.~ ti). O, De/Lf'R.I/'~ , personally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) · 700 On the ~-~--day of ~)q us4-~' m the year ~before me, the undersigned, J personally appeared ~-'c,~,~ H ~J-'o4-~' I/ , personally known to me or proved to me on the basis o£ satisfactory evidence to the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF SUFFOLK SS: ]ODEDWARD COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COU F THE STATE P' ROMAINE,oF NEW YoRKCLERKINOFANDTHEFoR SA D C A .... 7.7'_ .... -¢'~ r ~.f¢--~----__ AT PAGE ..¢/..? ~,, c~ ~A_r' u L;(Jpy, ~OF/ / T~'fl'J /HA/ IT IS A JUST AND ..... TRill= ,'",jh.¥ ...... UP' HECORDED/~~'.~/ HEREOF SUCH ORIGIN / ~ao,- · A_ ~ AND OF THE WHOLE IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED OF SAID COUNTYAND COURT THISc~ A/~'DAY OF ~.~-~'ltJ , c:~OO ~ . 1":. THE SEAL CLERK TUIS PROPOSAL IS TO SCI' OFF A ~ ACRE PARC'EL FROM AN EXISTING IN. -- ACRE PARCEL LOCAT]!D ON SCTM~ 1000- SET OFF C~mplete ap~a~n received ApPlication revie-.-~- ' '= ~""~ Applicant advised of necessary revisions Revised SUbmission received Sketch plan approval -With Conditions Lead Agency Coordination SEQRA determination Sent to Fire com~nissioner Receipt of firewell 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 Restrictio-- ,~t,,c~- -to C~.}/ . tls reviewed Filed Covenants and Restrictions received '~ Receipt of mylars and paper prints with tlealth approval Final Public Hearing A p proval of se t off -with conditions Endorsement of set off FA~ NO. 2888 02:22PM P2 _PLease no~: l?oWnersNp is held ioil)F,v o~' n )a' ~e's ~ ,, each ow -- · , se~iu-a~¢ ow~cr's endor~e~7~enl. /[the o~ ncr o~ owners are m~king th~ app/~catio~, ~l~is endOrsemen: is ~ot req~lired. O~VNER'S ENDORSEMENT STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) I am: fcheek c.¢J a part owner flu fee; Or the sole owner in £e¢: o~ an of'ricer of the corporation which is the owner iu fee of the premises described m the ~Sregoing application I reside at: Mailfiag Addt'¢s~ Ham et Post Of'flee Village I have authorized the Peconic Land Trust, Incorporated to research the requirements and procedures for a set off and to prepare a conservation/development plan that will perpetually protect the significant scenic and agricultural eharaeterlstics of the properties while leaving other areas available for future developmenL Sig~ffmre / Title ' ~ Corporadon ;;[ios~ signamie appears a~ Sworn before me this .~. ,,, "~"'day of ,, Town Of Southold P.O Box 1179 Southold, NY 11971 (631) 765~1800 RECEIPT #17-6.14.1 Tuthill, John B. Main Road Box 192 Orient, NY 11957 07/16/2002 Received $ 5,000.00 for Park & Playground, on 07/16/2002. Thank you for stopping by the Town Clerk's office. As always, it is our pleasure to serve you. Neville Clerk Elizabeth A. Southold Town Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/16/02 Transaction(s): 1 Park & Playground Check#: 2405 Receipt~: Total Paid: 2405 Subtotal $5,000.00 $5,000.00 Name: Clerk ID: Tuthill, John B. Main Road Box 192 Orient, NY 11957 LINDAC Internal ID; 59795 ELIZ~-'TH A. NEVILLE, TOWN CLERK Town of Southoid Southold, New York 11971 Phone: 631-765-1800 PERMIT/RECEIPT #M932 Turhill, John B. Box 192 Orient, N Y 11957 Received $650.00 for Permits -<<TransactionType>> Application Fees on 02/11/2000. Thank you. It has been our pleasure to serve you. By: at (time issued) GREGORY Ir. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JOSHUA Y. HORTON Supervisor /~,[-~"~ Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-mail: greg.vakaboski(~,town, southold.n¥.us marv.wilson~,town.southold.n¥.us January 11,2002 ~to¢~ / Peri L. Youmans, Project .... ,,~ger Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11968 FTORNEY AU, O , 2,O2 Southold Town Plannin¢l Board Re: Tuthill Family Limited Farmily Partnership to Town of Southold SCTM #1000-17-6-14.1 Dear Ms. Youmans: As requested, enclosed please find a certified copy of the Grant of Term Scenic and Conservation Easement between the above named parties, recorded in the Suffolk County Clerk's office on December 31,2001 in Liber D00012160 at Page 868. Very truly yours, Town Attorn /' enc. CC: Town Clerk w/copy of eric. Melissa Spiro, Land Preservation Coordinator w/ Assessors w/copy of enc. JAN I 4 2002 DEPI OF LAND PRES£RVArION Sttbmi~'sion lYilhou! a Cover LeHe~' So~.thold Town PJannlng Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2002 Ms. Peri Youmans c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off for John Tuthill Located on the southwest corner of the intersection of Main Road & Rackett's Court in Orient SCTM # 1000-17-6-14.1 Zoning District: R-80 Dear Ms. Youmans: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, March 11,2002: RESOLVED that the Southold Town Planning Board grant a retro-active six-month extension of conditional sketch plan approval from February 13, 2002 to August 13, 2002. Conditional sketch plan approval was granted on August 13, 2001. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman PECONICiI AND TRUST ~,ew. peconiclandt rust.org --~' 296 Hampton Road, 120. Box 1776, Southampton, NY 11969 January22,2002 Bennett Orlowski, Jr. Chairman Planning Board Office Town of Southold Town Hall, 53095 State Route 25 Southold New York, NY 11971-0959 Re: Set Off for John Tuthill SCTM # 1000-17-6-14.1 Dear Mr. Orlowski: On behalf of the Tuthill Family LP, we respectfully request an extension on the final conditional approval granted by the Planning Board m above retc~enced apphcaUon mat was granted on August 13, 2001. The Tuthill family requires more time to address the Park and Playground Fee, which is the only remaining condition to fulfill before final approval can be granted. Please contact me at your earliest convenience regarding this matter. Thank you. Best/~g'/hrds, .iq/ Peri L. Youma~ Project Manager cc: Reginald Tuthill PECON~[~ LAND TRUST 612 ( 3 ) 83-3195 Fax: (631) 204-071~ www. peconiclandt rm:.org ~ 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 October 17, 2001 Bennett Orlowski Planning Board Chairman Town of Southold PO Box 1179 Southold, NY 11971 Re: Clustered Subdivision for the Tuthill Family Dear Mr. Orlowski, As per the requirements of the Planning board, we have completed the following steps, and to this end please find enclosed: Copy Recorded Covenants and Restrictions copy of Memo regarding family parmership as required by Planning Dept. Mylar and 4 paper prints of subdivision map for signature The Town is currently in possession of the signed Term Conservation Easement as required. The Tuthill family Partnership will be responsible for the Park Fee. Please advise us when the maps have been signed so we can file them at the County Center. If you have any questions please call at your convenience and I will make myself available. Thank you for your time. Sincerelyl) i, eh Project Mbffager cc: Greg Yakaboski Reginald Tuthill John Tuthill OCT 18 2881 Southo!d Tow. P~anrtin~l Board TO: Southold Town Planning Board FROM: Members of the John B. Tuthill Family Limited Parmership a/ka John B. Tuthill Limited Family Parmership DATE: September 18, 2001 Please be advised that all the members in the above referenced partnership, which partnership is the owner in fee of the Property identified as SCTM # 1000-17-6-14.1. are in agreement with, and support the subdivision application known as "Clustered Subdivision for the Tuthill Family." B. Tuth~l, as General Pm'tner John B. Tu'thill, as LimitEd Partner jo~m H. Ththill~ as General Partner P.O. Box 1179 53095 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 E-Mail: planning@southold.org To: Peri Youmans, Peconic Land TrustFmm: Valede Scopaz/Carol Fax: 204-0711 Pages: ~ / Pho.e.. 283-3195 Date: 10/9/01 Re: Tuthill CC: Urgent For Review Please Comment Please Reply As Requested P.O. Box 1179 53095 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 E-Mail: planning@southold.org To: Peri Youmans, Peconic Land TrUStFmm,' Valerie Scopaz/Carol Fax: 204-0711 Pages: 2 Pho~: 283-3195 Date: 10/9/01 Ra: Tuthill CC: Urgent For Review Please Comment Please Reply As Requested ~ROr'4 FRX NO. : Oc~. B3 26~2 '12:30Pf-1 P; FA;< NO. : Oct, 03 2882 12:30PM P2 From: Peri Youman8 <pyoumans@peconictandtrustorg> TO: valerie.$copaz~town.southold.ny-us <valede'Sc°paz@t°wn'$°uth°ld ny'u S> Date: Wednesday, October 03,200t 9:49 AM thill --~ SubjeC-t: Tu ~ - ' "--~un~e~an~ t~a[ the Tuthill park fee issue was tabled until the October~meeting. In the meantime, we are having the approved C & R's signed and recorded, e~¢l the letter from the Partnemhip members for the planning file is currently with the Tuthi~l's for their signatures. ~W~.~ld you let ma know how much time we have to meet the conditions ~d get the map signed? if all the ether documents are rea~y and'the park fee Issue is still not resolved, I witl recommend to the Tuthill's that they ~pay the increaae~l fee, Tt~ls ts ama based on your assessment that the Board is tess than enthusiastic about the park fee issue. I 0/3/0 ] VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOVCN OF SOUTHOLD MEMORANDUM To: From: Bennett Odowski, Jr., Chairman, and Members of the Southold Town Planning Board Valerie Scopaz, AICP, Southold Town Planner Date: September 25, 2001 Subject: Waivers or Reductions of Park & Playground Fees Today, the Town Board decided to table the Tuthill Family's request for a reduction in the Park & Playground Fee from five to two thousand dollars. They have asked that you provide, in time for their next meeting on October 9th, a justification for granting this request. In conjunction, I must bring to your attention that Frank Zimmer has also requested, verbally, a complete waiver of the Park & Playground Fee for his Orient subdivision (Todd Buchanan Memorial Trust). Please advise how you wish to proceed. VS:ck VALERIE $COPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER Memorandum TOWN OF SOUTHOLD To: William Moore, Councilman ~. From: Valerie Scopaz, Town Planner ~ Re: Code Committee: Historic Preservation Legislation Date: September 18, 2001 Jill Muir, a resident of Orient near the proposed Tuthill set-off on the Causeway, has contacted me for information on the status of Historic Preservation Legislation. She is under the impression that the proposed legislation will apply to all of Orient outside the National Historic District. I am unable to answer her questions since I have no idea of the status of the proposed legislation, and no copy of same, Accordingly, I have advised my secretary, Carol, to tell her to contact you directly. PLANNIN~ BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGLANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 Memorandum PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jean W. Cochran, Supervisor Members of theTown Board cc: Bennett Orlowski, Jr., Chairman From: Valerie Scopaz, AICP, Town Planner Re: Tuthill Parkand Playground Fee Date: September 14, 2001 The following remarks pertain to the request for a reduction of Park & Playground Fee by the Tuthill Family, When this set-off was granted sketch approval, in March of 2000, the Park & Playground Fee was two thousand dollars per vacant lot. By the time the family was able to complete the conditions necessary to obtain final approval, in August of 2001, the fee had been raised from two to five thousand dollars per vacant lot. The family asked if they could proceed with the original fee as set forth in the sketch approval. I was unsure whether the Planning Board had the right to respond to the family's request, and advised their agent, the Peconic Land Trust, to send a letter to the Town Board. As I see it, although the Code is clear that the Planning Board has the right to request money in lieu of land, it is less so as to whether the Planning Board has the right to permit an applicant to pay the fee that was in effect at the time of sketch approval instead of the higher fee that currently is in effect. The Planning Board has indicated that they would be willing to review this request favorably under their jurisdiction to waive required elements of a subdivision. VS:ck VAL~RIE $COPAZ T OVv-N PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD September 4, 2001 Ms. Peri Youmans c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off for John Tuthill SCTM # 1000-17-6-14.1 Dear Ms. Youmans: The draft Declaration of Covenants and Restrictions should be revised to apply to the two lots that will be created by the set-off. This way, future owners of either of the lots have a record of the circumstances under which the set-off took place. The suggested re-wording is noted on the attached copy of the draft Covenants and Restrictions. Please contact this office if you have any questions regarding the above. Very truly yours, Valerie Scopaz, AICP Town Planner VS:ck encl. THIS DECLARATION is made this day of August, 2001, by The John B. Tuthill Limited Family Partnership, with at address at c/o John B. Tuthill, P.O. Box 192, Orient, NY 11957, hereinafter referred to as the DECLARANT;' WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real pmpen'y situate on the south side of Main Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto 0aereinaf[er referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two (2) lots, as shown on the SetoffMap of "Clustered Subdivision for the Tuthill Family" prepared by John C. Ehlers, Land Surveyor, last dated April 26, 2001 which map is to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and p~l~ve owners of said lots that the within Covenants. and Restrictions be imposed on~ as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WI-IF_REAS, the DECLARANT has considered the foregoing and has detvnuined that the same will be for the best interest of the DECLARANT and subsequent owners of s~d- NOW, THEREFORE, THIS DECLARATION WlTNESSET~: That the DECLARANT, for the purpose of carrying out the inten~s"~ibtve ~ expressed, does hereby make known, admit, publish, covenant and agree that the said lot #2 within said setoffmap shall hereafter be subject to the following covenants and restrictions as herein cited, which shall mn with the land and shall be binding upon all purchasers, lot owners and holders of said Propexty, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: WHEREAS, the DECLARANT is required, pursuant to the Conditional Sketch Approval granted by the Planning Board of the Town of Southold in a resolution adopted on March 7, 2000, and pursuant to Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted August 13, 2001, to create a covenant and restriction on parcel 2 as follows: 1. The set-off known as "Clustered subdivision for the Tuthill Family" located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 square feet. The Planning Board has allowed the application to be processed as a cluster subdivision. thereby allowing the creation of a 25,015 square foot ~o~as ShOWn on the map dated]~April 26, 2001~. In accordance with the cluster provisions, 54,985 square feet (the difference between 80,000 square feet and 25,015 square feet) must be excluded from the yield of any future development of the remaining parcel (Lot Number 2)i 2. New drainage installations shall contain run-off generated by all new construction. This includes but is not limited to all mol areas, driveways, patios, and other similar impervious surfaces. The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may. hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall be enforceable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. These covenants and reslrictions shall nm with the land and shall be binding upon the DECLARANTS, its successors and assigns, and upon all persons or entities claiming under them, and may be term~ated, revoked or .amended by the owner of the Property only with the writtenconsentof~t.a m~lc,~-~/ ~>~3 o/e~ v7c ~. t>/~arli~_5, If ~y section, subsection, paragraph, Clause, p~e o~ provisi. On of tLese covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be)fnding~pon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing insmanent the day and year first written above. For the John B. Tuthill Limited Family Parmersliip: By: John B. Tuthill, General Partner State of New York SS. County of Suffolk On the ... day of .... in the year before me, the undersigned, a Notary Public in and for said state, personally appeared ~' personally known to me or proved to me on the basis of satisfactory e~'idence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the insmunent. ~ Notary Public VALERIE SCOPAZ TOWN PLANNER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Gregory F. Yakaboski, Esq., Town Attomey Mary C. Wilson, Esq., Asst. Town Attorney Melissa Spiro, Land Preservation Coordinator Valerie Scopaz, AICP, Town Planner/~-~ August 17, 2001 John B. Tuthill Limited Family Partnership SCTM#1000-17-6-6, 14.1 Attached please find the proposed Declaration of Covenants and Restrictions regarding the above-referenced project for your review. Since the family is anxious to close on this matter, the favor of a reply by August 27~h is requested. If I do not hear back from you by the close of business on the 27t~, I will inform the Peconic Land Trust that the covenants and restrictions are acceptable for filing. VS:ck att. PECONI~LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 (631) 283 3195 Fax: (631) 20440711 www. peconiclandtrust.org August 15, 2001 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 16 Tuthill Family Property SCTM# 1000-17-6-6, 14.1 Set-Off Application/Final Conditional Approval SoutholdTown Planning Board Dear Mr. Orlowski: As per the August 13, 2001 resolution, I am forwarding a draft of the required covenants and restrictions for the above referenced project. Please let me know if these are acceptable. Thank you for your attention to this matter. Peri L. Youmans / Project Manager Enclosure DECLARATION OFCOVENANTS & RESTRICTIONS ~4~ THIS DECLARATION is made this day of August, 2001, by The John B. Tuthill Limited Family Partnership, with at address at c/o John B. Tuthill, P.O. Box 192, Orient, NY 11957, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the south side of Main Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two (2) lots, as shown on the SetoffMap of "Clustered Subdivision for the Tuthill Family" prepared by John C. Ehlers, Land Surveyor, last dated April 26, 2001 which map is to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lot 2, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interest of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lot #2 within said setoff map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: WHEREAS, the DECLARANT is required, pursuant to the Conditional Sketch Approval granted by the Planning Board of the Town of Southold in a resolution adopted on March 7, 2000, and pursuant to Conditional Final Approval granted by the Planning Board of the Town of Southold in a resolution adopted August 13, 2001, to create a covenant and restriction on parcel 2 as follows: 1. The set-off known as "Clustered subdivision for the Tuthill Family" located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 square feet. The Planning Board has allowed the application to be processed as a cluster subdivision, thereby allowing the creation of a 25,015 square foot lot as shown on the map dated April 26, 2001. In accordance with the cluster provisions, 54,985 square feet (the difference between 80,000 square feet and 25,015 square feet) must be excluded from the yield of any future development of the remaining parcel (Lot Number 2). 2. New drainage installations shall contain run-off generated by all new construction. This includes but is not limited to all roof areas, driveways, patios, and other similar impervious surfaces. The covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state, or federal laws, ordinances, regulations, or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations, and/or provisions may hereafter be revised, amended, or promulgated. The covenants and restrictions contained herein shall be enforceable by the Town of Southold or by any lot owner by injunctive relief or by any other remedy in equity or at Law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANTS, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall mn with the land and shall be finding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. 1N WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. For the John B. Tuthill Limited Family Partnership: By: John B. Tuthill, General Partner State of New York SS. County of Suffolk On the __ day of in the year __ before me, the undersigned, a Notary Public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public GRANT OF TERM SCENIC AND CONSERVATION EASEMENT THIS INDENTURE made this 2l ~ day of ~'t~ I)~ ,2000, by and between JOHN B. TUTHILL FAMILY L1MITED PARTNERSHIP, (the "Grantor") and the TOWN OF SOUTHOLD, a Municipal Corporation of the State &New York having its office at 53095 Main Road, Southold, Suffolk County, New York, (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land consisting of thirty-four (34) acres, more or less, of farm and meadow land adjacent to Orient Harbor in the Hamlet of Orient, Town of Southold, Suffolk County, New York, and part of SCTM# 1000-17-6-6, 1000- 17-6-13, and 1000-17-6-14, generally bounded northerly by Main State Road; easterly by land now or formerly &Tabor and others; southerly by Orient Harbor, and westerly by land now or formerly of Van Cleef, said lands being shown and delineated on a certain map entitled "Proposed "Setoff" of Property Situate Orient, Town of Southold, Suffolk County, New York" made by John C. Ehlers, Land Surveyor, Riverhead, New York, dated December 17, 1999, and more fully described in Schedule A hereunto annexed and made a part hereof, which said lands are hereinafter referred to as the "premises," and WHEREAS, said premises constitute an area of natural scenic beauty whose existing openness, natural condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources; and WHEREAS, the Grantor wishes to grant a term scenic and conservation easement to the Grantee upon the premises; and WHEREAS, the Grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of estuarine areas in the Town of Southold; and WHEREAS, Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the fee or a lesser interest, development right, easement, covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes; and WHEREAS, a public hearing was held by the Town Board of the Town of Southold after due notice thereof, with respect to the terms and conditions embraced herein, at which public hearing all interested persons were given an opportunity to be heard; NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration paid by the Grantee to the Grantor the receipt of which is hereby acknowledged, this agreement witnesseth that: 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises. 2. The nature, character, and extent of the easement hereby granted is as follows: (a) No dredging, excavating, or land fill opera~ions shall be authorized or permitted in or on the premises excepting that the existing dredged channel may be dredged to maintain the entrance to the creek on the premises in substantially the condition in which the same now exists. (b) Except as provided in paragraphs' 2 (c) and 2 (e) no development of any kind shall be permitted nor shall any commercial uses except agricultural and fishing uses be made of the premises including the beaches or meadow, or underwater lands adjacent to the premises. (c) No buildings or structures shall be placed or erected on the premises except for the following: i. Grantor shall have the right to maintain the existing farm vegetable stand and make modest improvements provided that such improvements do not exceed 50% of the existing footprint, subject to regulatory approval. ii. Grantor shall have the right to store fishing nets, stakes, boats and other fishing equipment adjacent to the creek entrance at or near Orient Harbor. iii. Grantor shall have the right to install a septic system and a water supply system in the open area to serve the development area as shown on a survey of the property made by John C. Ehlers, Land Surveyor, Riverhead, New York, dated December 17, 1999. (d) No gravel, sand, peat or other material, except salt hay, thatch, seaweed or drift shall be removed from the premises nor shall any sand, gravel or other materials be placed upon the premises. (e) No roadways or driveways shall be constructed on the premises except unimproved farm roads. (f) The Grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereo£ The nature, character, and extent of limitations on the within grant of easement are as follows: (a) Notwithstanding the provisions hereof, the premises shall remain at all times in the exclusive possession of the Grantor. (b) All rights, interests and privileges of the Grantor in the premises not herein specifically donated, granted, transferred and conveyed shall remain and reside with the Grantor. In the event that the Grantor has an offer from a prospective buyer to purchase the premises, or any part thereof, the Grantor shall give the Grantee 120 days notice of such proposed sale and the terms thereof. The Grantee shall have the option to purchase the development rights on the portion of the premises that is subject to the terms of this easement within said one-hundred twenty (120) day period provided that the prospective buyer is in agreement and is willing to purchase the remainder of the property in its restricted form. In the event the prospective buyer is not willing to purchase the restricted property, Grantee will then have the right to purchase the entire property on the same terms as the proposed sale to the prospective buyer. The purchase price for the development rights and/or fee title shall be the appraised value as determined by an appraiser acceptable to both Grantor and Grantee. If the parties hereto cannot agree upon an appraiser, each party shall appoint an appraiser, and each of such appraisers shall appraise the development rights. If the average value of the two appraisals is not acceptable to both parties, the two appraisers shall mutually select a third appraiser who shall then appraise the development rights and/or fee. The average of the three appraisals shall conclusively determine the appraisal price. The failure of the Grantee to insist upon the strict performance of any of the terms, conditions, covenants, or restrictions contained herein, shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, covenants, or restrictions contained herein. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this agreement shall forthwith cease from the date of title vesting in such proceeding, In such event the Grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall any part of any award bel6ng to the Grantee. The Grantee covenants that to the extent legally permissible the valuation placed upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in accordance with Section 247 of the General Municipal law ofthe State of New York. All the covenants, conditions, reservations, restrictions, easements, and provisions of this agreement shall continue and remain in effect until the 31~t day of December, 2004, at which time Grantor, in its sole discretion, may extend all of the provisions hereof for three successive periods of five (5) years. The burden of this easement shall run with the land and shall be binding upon the parties hereto, and their successors and assigns. Town of Southold Je(~ W. Cochran, Supervisor John B. Tuthill Family L. P. By_ STATE OF NEW YORK) COUNTY OF SUFFOLK) On then ~- day of ~ TLI Icl in the year 2000 before me, the undersigned, personally appeared \J0(O~l Ik.). (3.0Cfl. r-0~s-- , personally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed~the instrument. STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of personally appeared Notary Pu(~ic SS.: in the year 2000 before me, the undersigned, , personally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public SCHEDULEA ATTACHED TOAND FORMING A PART OF AGREEMENTBETWEENJOHNB. TUTH~L AND THETOWN OFSOUTHOLD DATED All that certain plot, piece or parcel of land situate, lying and being at Orient, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly line of Main (State) Road at the northeasterly comer of land now or formerly of John Scheckenbach and the northwesterly comer of the premises herein described, from said point of beginning running thence along said southerly line of Main (State) Road the following seven courses, to wit: (1) South 80 degrees 44 (2) South 75 degrees 14 (3) South 66 degrees 32 (4) South 61 degrees 42 (5) South 59 degrees 50 (6) South 56 degrees 22 minutes 40 seconds East 257.30 feet; thence minutes 20 seconds East 142.53 feet; thence minutes 40 seconds East 104.15 feet; thence minutes 30 seconds East 118.64 feet; thence minutes 00 seconds East 251.94 feet; thence minutes 50 seconds East 190.57 feet; thence (7) South 55 degrees 26 minutes 00 seconds East 88.31 feet; thence along land of John B. Tuthill two courses as follows, to wit: (1) South 32 degrees 34 minutes 40 seconds West 200 feet; thence (2) In a southeasterly direction 150 feet, more or less, to a point on the easterly line of land of John B. Tuthill being the westerly line ora private road at a point along said westerly line of said private road 200 feet South of the southerly line of Main (State) Road; thence running along said westerly line of said private road South 32 degrees 34 minutes 40 seconds West 235.40 feet; running thence along said southerly terminus of said private road and along land now or formerly of Bryant Tabor South 54 degrees 24 minutes 10 seconds East 178.36 feet to a concrete monument and land now or formerly of Slawski; thence along land last mentioned South 32 degrees 44 minutes 50 seconds West 443.28 feet to land now or formerly orB. C. Rackett; running thence along land last mentioned North 55 degrees 36 minutes 10 seconds West 316.19 feet; thence along land last mentioned and along land now or formerly of Eugene McDonnell South 34 degrees 09 minutes 00 seconds West 353.40 feet to the ordinary high water mark &Orient harbor; and thence in a westerly direction along said ordinary high water mark &orient Harbor on a tie line course North 69 degrees 05 minutes 00 seconds West 872.69 feet to said land now or formerly of Scheckenbach; thence along land last mentioned North 20 degrees 17 minutes 20 seconds East 1268.00 feet to the southerly line of Main (State) Road and the point or place of beginning. EXCEPT, (metes and bounds description of set off and development area). PECONIgLAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 (63I) 283-3195 Fax: (631) 204-07ll ~ www. peconiclandtrust.org August 15, 2001 Town Board Town of Southold P.O. Box 1179 Southold, NY 11971 Tuthill Family Property, Main Road, Orient/SCTM# 1000-17-6-6, 14. I Set-Off Application Southold Town Planning Board Dear Members of the Board: On August 13,2001 the Planning Board closed the final public hearing and granted final conditional approval for the above referenced application, subject to a term conservation easement, the imposition of covenants and restrictions, and a $5,000.00 park fee. This application was submitted in February of 2000 and the March 7, 2000 Resolution adopted by the Planning Board set the park fee at $2,000.00. The Trust and the Tuthill family realize that the park fees have increased since the application was submitted. However, as the fee was set in the initial resolution, and this application pre-dates the fee increase, we respectfully request that the Town Board consider reducing the fee to the amount originally required. Additionally, this project has conservation merits, in that the Tuthill's have signed a 5 year term easement with options to renew. The Trust has also received permission from the Tuthill family to continue to explore perpetual preservation opportunities for the family. Thank you for your time and attention to this matter. Peri L. Youmans Project Manager Reginald Tuthitl PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765~3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August14,2001 Ms. PeriYoumans Go Peconic Land Trust P.O. Box1776 Southampton, NY 11969 RE: Proposed Set-Off for JOhn Tuthill SCTM # 1000-17-6-14:1 Dear Ms. Youmans: The following took place at a meeting of the Southold Town Planning Board on Monday, August 13, 2001: The final public hearing was closed. The following resolution was adopted: WHEREAS, the proposed set-off application is to set off a 0.574 acre lot from a 35.918 acre parcel; and WHEREAS, there is an existing dwelling on the proposed 0.574 acre (25,015 sq. ft.) lot; and WHEREAS, the property is located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 sq. ft.; and WHEREAS, the Planning Board has allowed the application to be processed as a cluster subdivision; and WHEREAS, a notation has been made to the final maps noting that 54,985 sq. ft. (the difference between 80,000 sq. ft. and 25,015 sq. ft.) must be excluded from the yield for any future development of the remaining parcel; and John Tuthill- Pa,qe Two -August 141 2001 WHEREAS, the Planning Board has determined that access to the proposed lot may be directly from Main Road in the event that access over Rackett's Court (private right-of- way) should be precluded. WHEREAS, a grant of term scenic and conservation easement has been executed between the Town of Southold and the John B. Tuthill Family Limited Partnership on all but 0.798 acres of the remaining parcel; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated April 26, 2001, subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution: The Declaration of Covenants and Restrictions required by the Planning Board must be recorded in the County Clerk's Office. A copy of the recorded document must be submitted to the Planning Board Office. The Park and Playground Fee in the amount of $5,000.00 must be submitted to the Planning Board Office. Please contact this office if you have any questions regarding the above.' Very truly yours, Bennett Orlowski, Jr. Chairman AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 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. ~ [I 3/o I , 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 / Your name (pOint) Address Notar~ Public ~thl~ K~ Nota.~ ~blic No. 01 ~6~7674 PLEASE RETURN THIS AFFIDAVIT AND CERTIFIED MAIL RECEIPTS ON THE DA)' OF. OR ,4 T THE PUBLIC HEARING Re: Clustered Set-Off for John Tl~th~ll SCTM#: 1000-17-6-14. i Date of Hearing: Mon., August 13, 2001, 6:15 p.m. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Address~:f to: Shoken Nadezhoa / PO Box 573 Orient, NY ;11957 2. Article Number (Copy from service label} PS Form 3811, July 1999 Lynda Carbone 13 Harborerest Drive Huntington, NY 11743 · Complete items 1,2, and 3. Also complete ( item 4 if Restricted Delivery is desired. ) · print your name and address on the reverse so that we can return the card to you. D · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Received by (Please Print CleadY) ). is delivery If YES, enter daiivery eddresl ! Addresss: [] Yes [] No Joseph M. Callahan Ann F. Callahan 20 East 9th Street New Ygrk, NY 10003 3. Ssrv ce Type ~Cer[ified Mail [] Express Mail . f-I Registered ~Retum Receipt for Merchand& I [] ~nsured Mail [] C.O.D. ~ ~4. ~ery? (Extra Fee) r'~ Yes -~;3j..~ '-~.(~'~ Article Number (Copy from service label) PS Form 3~11, July ,~= / 3. Service Type ~ Certified Mail [] Registered Hcrgietta B. Rackett -- 640 Skippers Lane ~' Orient, NY 11957 [] Express Mail [~ Return Receipt for Memhandls [] C.O.D. Ann G. Folliott a, llyn M. Holmberg 21055 Route-25 ~. ,, Orient, NY 11957 [ [ Service Type [] Certified Mail ,BI Registered [] Insured Mail [] Express Mail ~. Return Receipt for Merchandis [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) Domestic R~urn Re PS Form 3811, July 1999 Domestic Return R~eipt 102595-00-M-095' 2. Article Number (Copy from service label) PS Form 3811, July 1999 Christopher Monroe 11540 Ginnan Road Coming, NY 14830 -- [] Insured Mall 2. Article Number (Copy from service label) 4. Restricted Delivery? ,(Extra Fee) [] Yes '-~fC.~O0 Of~Oc.5 0c~ ~-~ ~'~'~ 2. ArticaiNumber(Copyfromsen4celabel) PS Form 3811, July 1999 Domestic Return R, , _ PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-095~ Scott end Susan Neilson / 8434 Sparger Streett / ~ Law~c¢ H Reybine McClean, VA 22102 = PO Box 658 a! Orient, NY 11957 3. s~rvic~ Type [~erSfied Mail [] Express Mail ArticleNumberrCopyfromservicelabel) lC 4?~est~ct~Tl½plivory?(ExtraFee) [] Yes PS Form 3811, July 1999 Domestic Return F ~ For~1999v Domestic Ret~ 102595-00-M-0952 Stephen H. Monroe · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Completeitem 4 if Restdcteditems 1, 2,Deliveryand 3. isAIS°desimd.C°mplete A. Received(.~K..C) ~bY (Please\jk.~/~.~Pdnt Cleady) 1 B. Date of Deliver. · Print your name-and address on the reverse '--r'~'~L~ ' ~' so that we can return the card to you. · print your name and address on the reverse Signature~__ Attach this card to the back of the maJlpiece, so that we can return the card to you. · ~r~ · Attach this card to the back of the mailpiece, X [] Addresse or on the front if space pe,~,its, or on the front if space permits. Is delivery address d ? [] Yes 1. Article Addressed to: / 1. Article Addressed to: If YES, enter delivery address below: [] No Irene and peter Tfieber Donald E. Van Cleef 110 Glenlawn Avenue Mina Merle Van Cleef Sea Cliff, NY 11579 PO Box 135 3. Service Type Orient, NY 11957 '~-Certified Mail [] Express Mail [] Registered ~ Return Receipt for Memhandi~ [] Insured Maii [] C.O.D. 4. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) 2. Article Number (Copy from service label) ps Form 3811, July 1999 Domestic Return [ ps Form 3811, July 1999 Domestic Return Receipt 102595-00-M-095 .................. i~ Or'01T~irum]l'spau- p- ........ O. I~deliv ddress-diff;)~e'nt fromitem 17 []Yes Za~Z~cki / 1. Article Addressed to: If'~[~nter delivery address below: [] No Louis PO Box 2~ ~ . Glenn E. Moon Ori~ 11957 ~ ArmleT. Moon c PO Box 241 3. rvice Type c Orient, NY11957 "~ Certified Mail [] Express Mail [] Registered ~J:{eturn Receipt for Merchandk 4. RI [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service labet2 2. Article Number (Copy from service PS Form 3811, July1999 DomesticRstumRec "~fOr....~30f~>OO Oa~.~'~ ~(~-~r'~ ~r: Articte Addres~e(3 m: ....... ~ PS Form 3811, July 1999 Domestic Return Receipt 1 Ralph W. Eliwood" I If YES, enter delivery address bel(~v~: '* Cio Brenda M. Reale / ,ryant L. Tabor 52 Mar-Kan Drive / = O Box 2 NorLhport, NY 11768 * ~'ient, NY 11957 [] Registered ,E~ Retum Receipt for Merchandise [] Insured Mail [] C.O,D. 2. A~icle Number (Copy from service label) 4. Restricted Delivery? (Extra Fee) [] Yes PS Form 3811, Juiy tge9 DomesticRstufl ~f OOO ~.~E~.~X~) C,)O 4~'~ ~l'~:~'B ~3 Ps Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 LeRoy and Ann S. Fiting / PO Box 187 Orient, NY Orient, NY 11957 3. Service Type ~ Certified Mail [] Express Mail and 3. Also complete [] Registered J~kRetum Receipt for Merchandi Restricted Delivery is desired. [] Insured Mail [] C.O.D. · Print your name and address on tho reverse so that we can return the card to you. 4. Restricted Deliver? (Extra Fee) [] Yes · Attach this card to the back of tho mailpiece, or on the front if space permits. __ 2. Article Number (Copy from service taboo t. Article Addressed to: If PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-09~ Stewart W. Horton ~ "r ............. ' w. F. Herren '~ Reginald F Tutlfill PO Box 27 Ruth. Tuthill Orient, NY 11957 3. $ ~ PO Box ~6 3. Service Type c Orient, NY 11957 [~.Certified Mail [] Express Mail [] Registered ~;{eturn Receipt for Merchandi 4. R [] Insured Mail [] C.O.D. 2. Article Number (Copy from service label) 4. Restricted Delivery? (Extm Fee) [] Yes ~.~ ¢-30 {~) ~, ~ C.5 ~.~ ~-~( '~:~'~ ~ "~ ' '~: Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-09~ Clifford J. Van Cleef Cccelia M. Van Cleef 27545 Main Road Orient, NY 11957 2. Article Number (Copy from service label) ex, Oo ~S Form 3811, July 1999 Alfred W. Rose Elizabeth H. Rose . Mainlioad Box 292 Orient, NY 11957 2. Article Number (Copy from service label) ~ =S Form 3811, July 1999 ~ ~mestic Return R~eipt kl~ ~d Regina M. ~b~smi~ PO Box 62 / ~t, ~ 11957 / ~ Gertified Mail [] Expr~'=s Mail [] Registered -~ Return Receipt for Merch.q ,d,se /~(~ 4. Restrict~i Delivery? (,gd'ra F~) [] Yes ~ 3. Service Type ~-~:.Certlfied Mail [] Express Mall [] Registered Jj~.Rsturn Receipt for Memhan li~ ziP, [] Insured Mail [] C.O.O. 4. Restricted Delivery'/(Extra F.) [] v. 2. A~ticte Number (Copy from service labeO ~9 Domestic Return ReCeipt . ,=o~ ~,,., ~v.,'y~ a~3crreSs below: 3. Service Type ~ertified Mail [] Express Mail ~ ..~l~eturn Receipt for Merc~ ~nd,:~e [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) Mary Jane Hicks 20 Harbor River Road Orient, NY 11~57 2. Article Number (Copy from service label) ., PS Form 3811, July 1999 Domestic Return Receipt Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivew Fee (Endorsement Required) Total Postage & Fees PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICt-IARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 26, 2001 Ms. Peri Youmans c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off for John Tuthill SCTM # 1000-17-6-14.1 Deer Ms. Youmens: The final public hearing on the maps, dated December 17, 1999 and last revised April 26, 2001, will be held on Monday, August `13, 200'1 at 6:`15 p.m. at the Southold Town Hall. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Office, Southold Town Hall. Please return the endorsed Affidavit of Posting, proof of certified mailing, and the signed green return receipts from the certified mailings on the day of the public hearing before 4:00 p.m. Please also return the sign and the post to the Planning Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman encl. Southold Town Planning Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a clustered set-off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-17-6-14.1; 3. That the property which is the subject of this application is located in the R-80 Zone. 4. That the application is for a clustered set-off of a 0.574 acre lot from an existing 35.918 acre parcel. The property is located on the southwest corner of the intersection of Main Road & Rackett's Court in Orient. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938. 6. That a public hearing will be held on the matter by the Planning Board on August 13, 2001 at 6:15 p.m. in the Meeting Hall at $outhold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you oryour representative have the right to appear and be heard at such hearing. Petitioner/Owneds Name(s): John Tuthill Date: July 26, 2001 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 'i0 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail, 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 Your name (print) Signature Address Date Notary Public PLEASE £ETURN THIS AFFIDA VIT AND CERTIFIED MAlL RECEIPTS ON THE DAF OF. OR A T THE PUBLIC HEARING Re: Clustered Set-Off for John Tuthill SCTM #: 1000-17-6-14.1 Date of Hearing: Mon., August 13, 2001, 6:15 p.m. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995, Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A~ By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall bo prominently displayed on the promises facing each public or private s~reet which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall bo set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately precedlu~ the date of the public hearing. The applicant or his/her agent shall fie an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or p~vate street 5801 ~-~z-~ § 58-1 SOUTHOLD CODE § 58-1 from the property included in the apptication~ Such notice shall be made by certified mail, return receip~ requested, posted at least seven (7) days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with ibis provision. 5802 JOHN TUTHILL SET-OFF FOR JOHN TUTHILL 1000-17-6-14.1 CLUSTERED SET-OFF OF A 0.574 ACRE LOT FROM AN EXISTING 35.918 ACRE PARCEL MON. - AUGUST 13, 2001 - 6:15 P.M. PLANNING BOAP~D MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 13th day of August, 2001 on the question of the following: 6:15 P.M. Public Hearing for the proposed clustered set-off of John Tuthill. The property is located on the southwest corner of the intersection of Main Road & Rackett's Court in Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-17-6-14.1. Dated: 7/26/01 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, AUGUST 2, 2001 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPIES SENT TO: Suffolk Times Traveler Watchman STATE OF NEW YORK) )SS: ~_.,~UNTY OF S_UFFOLK) 8,/~J ~ ,[J_~('l~of Mattituck, in said county, being duly swom, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdntad copy, has been regularly pub- lished in said for I on Newspaper once each week weeks successively, commencing the 7__ day 20 ©1 . Sworn to besom me this dayof .~(l~C~'~ ,~ c-,1L- P.O. Box 1179 53095 Route 25 Southold, NY 11971 Phone: (631) 765-1938 Fax: (631) 765-3136 E-Mail: planning~$outhold.org To: Christina Weber, The Suffolk From: Valerie Scopaz/carol Times Fax: Pages: 2 Phone= Date: 7/26/01 Re: Legal Ad for 8/2/01 Edition cc: Urgent For Review Please Comment Please Reply As Requested Please print the following legal ad in the August 2nd Edition. Thanks. 6:15 p.m. John Tuthill Set-Off STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 26th day of July, 2001 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. 8/13/01 Regular Meetin,q: 6:15 p.m. Public Hearing for the Clustered Set-Off of John Tuthill, SCTM#1000-70-7-5 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of ,2001. Notary Public PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Che.irman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAOGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 13th day of August, 2001 on the question of the following: 6:15 P.M. Public Hearing for the proposed clustered set-off of John Tuthill. The property is located on the southwest corner of the intersection of Main Road & Rackett's Court in Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-17-6-14.1. Dated: 7/26/01 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman PECON~ LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 (631) 283-3195 Fax: (631)'20~4-0~1 www. peconidandtr ust.org June 25,2001 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Tuthill Family Property SCTM# 1000-17-6-6, 13, 14 Set-Off Application Dear Mr. Orlowski: JUN ~ 6 20~1 Sout,~o!dTown Planning Board With regard to the above referenced application, I enclose 6 paper prints and 2 mylars with Department of Health approvals. Please schedule a public hearing for this application at your earliest convenience. In the meantime, previous correspondence indicates that covenants and restrictions will be required for this project. Please forward examples so that we may draft the required documents. Thank you for your attention to this matter. Best.~,ds, p~~o~.~c~t ~//anag~r PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2001 Ms. Tiffany Liebling Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off for John Tuthill SCTM#1000-17-6-6, 13 & 14 Dear Ms. Liebling: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 12, 2001: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of conditional sketch plan approval from March 6, 2001 to September 6, 2001. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman PECON . LAND TRUST 296 Hampton Road, PO. Box 1776, Southampton, NY 11969 (631) 283-3195 Fax: (631) 204 0711 www. peconiclandtrust.org January l9,2001 VIA FACSIMILE AND U.S.M.4IL Mr. Bennett Orlowski, Jr., Chairman Att: Mr. Craig Turner Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Tuthill Family Property SCTM# 1000-17-6-6, 13, 14 Set-Off Application Dear Mr. Orlowski: We respectfully request that the Planning Board grant an additional extension from the date the current extension expires to allow time for us to submit the final maps and Town required documents. Because the water quality of the existing well was poor, a new well had to be drilled and water is currently being tested by the Department of Health. Until we receive these results, we cannot complete the necessary steps to acquire Department of Health approvals and finalize the maps for submission to the Planning Board. Thank you very much for your patience. ject Manager V F~O~ : FAX NO. : PECON[C LAND TRUST ¢8n, 29 21~82 03:02Pf'1 P2/ ~ January l9,2001 V~IA FACSIMILE AND U.S. MAIL Mr. Bennett Orlowski, Jr., Cimim:an AR: Mr. Q~ig l'umer Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Tuthill F*,mily Prolite, SCTM# 1000-1%6-6, 13, 14 SeT-Off AppliCation l~ar Mr. Orlowskl: We respectfully request lhat the Planning Bo~d grant an additional extension from the date the current extension expires to allow time for us to submit the final maps and Town required docmnents. Because the water quality of the existing well was pOor, a new well had to be dxilled and water is currently being tested by *he Department &Health. Until we receive these results, we cannot complete the necessary steps to acquire Department of Health approvals and finalize the maps for submission to the Planning Board. Thank you very much for your patience. Best Project ManagerF PLANNING BOARD MEMBEt~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 August22,2000 Ms. Tiffany Liebling Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off for John Tuthill SCTM#1000-17-6-6, 13 & 14 Dear Ms. Liebling: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 21, 2000: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of conditional sketch plan approval from September 6, 2000 to March 6, 2001. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman PECON{I~. LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 (631) 283-3195 Fax: (631) 204-0711 www. peconiclandt rust.org August 14, 2000 VIA FACSIMILE AND U.S. MAll, Mr. Bennett Orlowski, Jr., Chairman Attn: Melissa Spiro Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 AU$1 S 2~Ou Southold Town Planning Board Tuthill Family Property SCTM# 1000-17-6-6, 13, 14 Set-Off Application Dear Mr. Orlowski: We respectfully request that the Planning Board grant an extension from the date our sketch plan approval expires to allow time for us to submit the final maps and Town required documents. Thank you very much. Sincerely, Tiffany C. Liebling Project Associate cc: Scott Wilson, PLT F~!Ohl : i-EuONI(. LAND TRUST Rb. 9, i4 2E~0 lI:17~ Pi Augus~ 14, 2000 IliA FAC$1MII~' AND U.& MAIL Mr, Benngtt Orlowski, Jr., Chairman Arm: Melissa Spiro Plam~Jng Board Town of Southold P.O, Box 1179 Southold, NY t1971 RE: Tut, hill F~tlily P~aperty SCTM# I000q7-6-6, 13, 14 Set-Off Application Dear Mr. Orlowski: We respcx:t£ully request that the Planning Board grant an extOnmon from the date our ~ketch plan approval expires to allow time for us to submit thc final maps and Town required documents. Thank you veu' much. Sinccr¢ly, Tiffany C. Liebling Project Associate cc: Scott Wilson, PLT AUG I a ~OuJ Southold Town Planning Board DEPARTMENT OF REALTH SERVICES COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY ~x~ CUT1VE CLARE B. BRADLEY, M.D., M.P.H. COMMISSIONER April 5, 2000 Melissa Spiro Planning Board Office Town of Southold 53095 Main Rd., P.O. Box 1179 Southold, New York 11971 Re: SCTM #: Tuthill Family Subdivision 1000-17-06-06 APR 10 2000 $otr~hold Town Planning Board Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated March 7, 2000, concerning the above-referenced project. The Department has no objection to your designation as lead agency. Based on a review of the subject coordination, the Department offers the following comments. Article VI Application Status: An application for this proposed project has been filed with SCDHS Office of Wastewater Management (HS Ref. # 510-00-0001). The application has been deemed incomplete pending submission of the following: - revised plans - test hole information - test well - covenants (water supply wells) - SEQRA Determination The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2741. Sincerely, Mark J. Reuschle Environmental Planner Office of Ecology MJR/amf pc: Walter Dawydiak Stephen Costa, P.E. Orient Fire District March 27, 2000 Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971-0959 Sir: The Board of Fire Commissioners of the Orient Fire District received your letter date March 9, 2000 for the survey for the Set-off for the John Tuthill Property. The Board of Commissioners have reviewed the Set-offSCTM# 1000-17-6-6, 13, 14 and their decision is that they will not require any firewell to be installed. Sincerely, Edward G. LopEr Secretary/Treasurer Orient Fire District g 9 2000 Southold Town Planning Board 23300 Main Road · Orient, NY 11957 · (631)323-2445 · Fax(631)323-9706 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT ,J OAFFNEY SUFFOLK COUNTY EXECUTIVE March 27, 2000 STEPHEN M. dONES, DIRECTOR OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Tax Map No.: SCPD File No.: Dear Mr. Orlowski: John Tuthill Set Off 1000-17-6-6, 13 & 14 S-SD-00-02 lIAR 0 Southcld Town Planning Board Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. The Department offers the following remarks pursuant to Suffolk County Planning Commission Policy: Tile map name should be chmlged to the preferred format of the Suffolk County Planning Commission.* A note should be placed on the map indicating the lot numbers and those lots or part thereof, under the scenic easement. Tile private road, Rackett's Ct., that serves as access for this property should be brought up to Town specifications and standards. The private road, Rackett's Ct., that lies within this proposed subdivision should be offered to the Town of Southold for dedication for highway purposes. APF:cc G:/CCHORNY'tSUBDIV~LD2000\MAR\SDO0-2 MAR Sincerely, Stephen M. Jones, AICP Direc, tor of Planning Andrew P. Freleng, AICP Principal Planner LOCARON MAILING ADDRESS H. LEE DENNISON BLDG - 4TH FLOOR · P O. BOX 6100 · (516) 853-5190 I O0 VEfTZRANS MEMORfAL HIGHWAY HAUPPAUGE, NY I I 788 0099 TbLECOPIER (5 I 6) 853 4044 PLANNING BOARD MEMBE~[~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICKARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOVVN OF SOUTHOLD April 11, 2000 Ms. Tiffany Liebling Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off for John Tuthill SCTM#1000-17-6-6, 13 & 14 Dear Ms. Liebling: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 10, 2000: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, Bennett Orlowski, Jr. / ~'J Chairman Encl. PLANNING BOARD MEMBERO BENNETT ORLOWSKI, JR. Chairman WILLIAM J~ CREMERS KENNETH L. EDWAP~DS GEORGE RITCHIE LATHAM, JR. RIC}iAP. D CAGGiANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant April 10, 2000 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 PlanningBoard, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Set-off for John Tuthill SCTM#: 1000-17-6-6, 13 & 14 Location: Southwest corner of the intersection of Main Road & Rackett's Court Orient, New York SEQR Status: Type I ( Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for a clustered set-off of a 0.574 acre lot from an existing 35.918 acre parcel. SEQR Ne,qative Declaration - Pa,qe Two 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 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: (631)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 Elizabeth Neville, Town Clerk Applicant 'PLANNING BOARD MEMBEt~ BENNETT ORLOWSKI, JR. Chmrman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATtLMM, JR. RICHARD G. WARD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 2000 Tiffany Liebling Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-off for. John Tuthill sCTM# 1000-17-6-6, 13 & 14 Please find the following in regard to the above application: The SEQRA determination has been scheduled for the Planning Board's April 10, 2000, meeting. The Planning Board has received notification from the ZBA that there is no objection to the Planning Board taking jurisdiction over the private right-of-way in regard to access. As noted in the Planning Board's March 7th correspondence, proof of access over Rackett's Court must be submitted. The Planning Board has received notification from the Board of Trustees that the proposed project is outside of the Trustees jurisdiction. The Planning Board has received a report from the Town Engineer in regard to drainage and to the proposed access over Racketts Court· The Planning Board is requiring that Mr. Richter's recommendation in regard to the containment of run-off generated by new construction, be included in the Declaration of Covenants and Restrictions· Please refer to the attached report for additional information· John Tuthill March 29, 2000 Page 2 In regard to your request for an example of the language to be used in the Declaration of Covenants and Restrictions, please find the following (all blanks should be filled in with information from the map, and, should any lot areas change, the wording should reflect the changes): The set-off known as .... is located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 square feet. The Planning Board has allowed the application to be processed as a cluster subdivision, thereby allowing the creation of a 25,015 square foot lot as shown on the map dated .... In accordance with the cluster provisions, 54,985 square feet (the difference between 80,000 sq.ft, and 25,015 sq. ft.) must be excluded from the yield of any future development of the remaining parcel (Lot Number ...). Please refer to the March 7, 2000, correspondence for additional information pertaining to the subdivision. Sin~erely, Senior Planner encl. APJ'EALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall ~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMORANDUM TO: FROM: DATE: SUBJECT: Ben Orlowski, Planning Board Chairman Attn: Melissa Spiro, Sr. Planner Jerry Goehringer, ZBA Chairman March 16, 2000 Tuthill Subdivision/Private Right-of-Way Inquiry In reply to your department's inquiry of March 8, 2000, this will confirm that there is no objection for the Planning Board taking jurisdiction over the private right-of-way to this subdivision for the purpose of constructing improvements for safe and sufficient access by fire and other vehicles. HAR 1 2000 Southold Town Planning Board Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Melissa Spiro, Planning Board FROM: Albert J. Krupski, Jr. /~%/ President., Board of Tru~%~es DATE: March 24, 2000 RE: John Tuthill The Southold Town Board of Trustees received your request for a determination of the above applicants property and feel the proposed set off is outside of the Trustees jurisdiction. If you have any questions please contact our office at 765-1892 MAR Z 4 2000 $outh d Town JEAN W. COCHRA~ SUPERVISOR IOWN HALL - 53095 MAIN ROAD Fax (516)-765-3136 ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel (516)- 765 - 1802 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD March 15, 2000 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Rez Proposed Set-Off for John Tuthill Main Road, Route 25, Orient, N.Y. SCTM #: 1000 - 17 - 06 - 6, 13 & 14 Dear Mr. Orlowski · Southold Town Planning Board As per your request, I have reviewed the Planning Board resolutions from March 6, 2000 and the site plan for the proposed Set-Off as noted above. At the direction of the Planning Board, the access to the site shall be from the existing private Right-of-Way "Racketts Court". In general, the run-off from the existing road does not appear to have created any adverse impacts on adjacent properties or nearby wetlands. The construction of one additional residence utilizing this access will not significantly increase drainage problems directly relating to the access road. However, at this time, I recommend that covenants and restrictions be established by the Planning Board that would require new drainage installations to contain run-off generated by all new construction. This should include but not be limited to all roof areas, driveways, patios and other similar impervious surfaces. If you have any questions concerning this report, please contact my office. CC~ Raymond L Jacobs (Superintendent: of Highways) Richter, R.A. AP, FEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing Southold Town Hall ~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD REPLY MEMORANDUM TO: FROM: DATE: SUBJECT: Ben Orlowski, Planning Board Chairman Attn: Melissa Spiro, Sr. Planner Jerry Goehringer, ZBA Chairman March 16, 2000 Tuthill Subdivision/Private Right-of-Way Inquiry In reply to your department's inquiry of March 8, 2000, this will confirm that there is no objection for the Planning Board taking jurisdiction over the private right-of-way to this subdivision for the purpose of constructing improvements for safe and sufficient access by fire and other vehicles. Southold Town Planning Board PL~. N'NING BOARD MEMBERO BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman Members Zoning Board of Appeals Melissa Spiro, Senior Planner ~ Proposed Set-off for John Tuthill SCTM# 1000-17-6-6, 13, & 14 March 8, 2000 Attached please find a copy of the proposed set-off map. and t~he .Planning Board's March 6, 2000, resolution in regard to the above mentioned proposed set-off. The Planning Board is requesting that the applicant revise the access to the buildable area on the remaining parcel (the area shown as 0.798 acres) so that it is over Rackett's Court rather than Main Road. The Board is assuming that the applicant has right of access over Rackett's Court, and has asked the applicant to provide proof of such access. The revised access involves access over property other than that involved in the Planning Board's application. The Planning Board would like to retain jurisdiction over this access issue. Please review the application and advise whether or not you have any objection to the Planning Board retaining' jurisdiction. Please refer to the resolution for detailed information pertaining to the proposed cluster set-off. Thank you in advance for your assistance. Encl. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Melissa Spiro, Planning Board Albert J. Krupski, Jr. ~L/ President, Board of Tru~eos March 24, 2000 John Tuthill The Southold Town Board of Trustees received your request for a determination of the above applicants property and feel the proposed set off is outside of the Trustees jurisdiction. If you have any questions please contact our office at 765-1892 r.IAR 2 4 2000 Southold Town JEAN 14/. COCHRAN SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (516)-765-3136 JAMES A. RICHTER, R.A.'~ ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel (516) - 765 - 1802 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD March 15, 2000 Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Proposed Set-Off for John Tuthill Main Road, Route 25, Orient, N.Y. SCTM #: 1000 - 17 - 06 - 6, 13 & 14 Dear Mr. Orlowski: HAR 1 5 20UIJ Southold Town Planning Board As per your request, I have reviewed the Planning Board resolutions from March 6, 2000 and the site plan for the proposed Set-Off as noted above. At the direction of the Planning Board, the access to the site shall be from the existing private Right-of-Way "Racketts Court". In general, the run-off from the existing road does not appear to have created any adverse impacts on adjacent properties or nearby wetlands. The construction of one additional residence utilizing this access will not significantly increase drainage problems directly relating to the access road. However, at this time, I recommend that covenants and restrictions be established by the Planning Board that would require new drainage installations to contain run-off generated by all new construction. This should include but not be limited to all roof areas, driveways, patios and other similar impervious surfaces. If you have any questions concerning this report, please contact my office. cc: Raymond L. Jacobs (Superintendent of Highways) ,//J~mes A. Richter, R.A. PLANNING BOARD MEMBEI~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J~ CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAzM, JR. RICHARD G. WARD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 2000 Cynthia Caprise, Secretary Orient Fire District 23300 Main Road Orient, New York 11957 Dear Ms. Caprise: Enclosed please find one (1) survey dated December 17, 1999, for The Set-off for the John Tuthill Property SCTM# 1000-17-6-6,13,14 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Sincerely, Bennett Orlowski, Jr. -/ ~ Chairman ~ enc. PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. Chairman WILLIAM 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 James Richter Engineering Department Southold Town Hall Southold, NY 11971 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for ,/our review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated I~,/ Fz /fir Preliminary Subdivision Map (Dated / / Final Subdivision Map (Dated / / Road Profiles (Dated / / Grading ;]nd Drainage Plans (Dated / / Other (Dated / / SKetch Site Plan Preliminary Site Plan (Dated / / (Dated / / Grading 3nd Drainage Plans (Dated / / Other (Dated / / cc: Ed Forrester, Director of Code Enforcement PLANNING BOARD MEMBERO BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman Members Zoning Board of Appeals Melissa Spiro, Senior Planner/f~ Proposed Set-off for John TuthiLi SCTM# 1000-17-6-6, 13, & 14 March 8, 2000 Attached please find a copy of the proposed set-off map and the Planning Board's March 6, 2000, resolution in regard to the above mentioned proposed set-off. The Planning Board is requesting that the applicant revise the access to the buildable area on the remaining parcel (the area shown as 0.798 acres) so that it is over Rackett's Court rather than Main Road. The Board is assuming that the applicant has right of access over Rackett's Court, and has asked the applicant to provide proof of such access. The revised access involves access over property other than that involved in the Planning Board's application. The Planning Board would like to retain jurisdiction over this access issue. Please review the application and advise whether or not you have any objection to the Planning Board retaining' jurisdiction. Please refer to the resolution for detailed information pertaining to the proposed cluster set-off. Thank you in advance for your assistance. Encl. BENNETT ORLOWSKI, JR. Chairman WILLIAM 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 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-$EQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. SEQRA Classification: ( ) Type I (~<) Unlisted Contact Person: (516) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (-/) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for fu~her information. Sincerely, Bennett Orlowski, Jr. Chairman cc: 4~ ~Board of Trustees Southold Town Board ·-Suffolk County Department of Health Services 'NYSDEC - Stony Brook · <NYSDEC - Albany ~New York State Department of Transportation ~ffo!k Count;, W~ter AuthorityL_~ *Maps are enclosed for your review rev. 4/94 ~PROJECT I.D. NUMBER T 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME Peconic Land Trust, Inc. Tuthill Family Setoff 3. PROJECT LOCATION: Municipality Orient County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) See map. Orient, Town of Southold, County of Suffolk. 5. IS PROPOSEO ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 1 lot set-off from original farm parcel. 7. AMOUNT OF LAND AFFECTED; Initially +/---- . 5~4 acres IJ[timately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? J~ Yes ~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Reside.rial [] Industrial [] OommercieJ [] Agriculture [] Park/Forest/Open space [] Other Describe: 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~-1 No If yes, list agency(s) and permit/approvals 11. DQES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If yes, list agency name and permit/approval N/A 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MOOIFICAT[ON? []Yes ['-~ NO N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcant/s pon ,or name; '-'~. ~-- CrX v%\/ L'\ ~--~C)~, Date: ~'~ I If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER 1 PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Acje~cy) C. COULD ACTION RESULT IN ANY ACVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be ~andwrit[en, if tegible) C1. Existing air duatlty, surface or groundwater quality or quantity, noise levels, existing ~rafflc paHerns, solid waste production or disposal potential for erosion, drainage or flooding problems? Explain briefly: NO 05. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain brie¢ly. NO 06. Long term, short term, cumulalive, or other effects not identified in 01-C57 Explain briefly. NO C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. NO O. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly PART III~DETERMINATION.OF SIGNIF.!CANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, impo~ant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occu~ ;hen 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 actfon WILL NOT result in any. significant adverse environmental impacts AND provide on attachments as necessary, the'reasons supporting this determination: 2 pLANNING BOARD M~MBEO BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICiqARD 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 Suffolk County Planning Commission 220 Rabm Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Gerard Newman, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of '-~--op~ TU"rH~L SeT-oFF Hamlet/Locality d>F-.~ ~"r- S.C.D.P.W. Topo No.: Zoning "~.- ~ C) S.C. TaxMapNo.: 1000- ~'7 - 6 - 6, %'~ + lb (.S~-o~=~ ~/ Major Sub. Minor Sub. 7', Site Plan Cluster~/< Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies) Road Profiles (1) Drainage Plans (1).__ Topographical Map (1)_ Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements ~ See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: / SEQRA STATUS: 1. The project is an (,~) Unlisted Action ( ) Type IAction ( ) Type IIAction 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 referral ( ) Yes ( )No Referral received Commission and assigned File No. 1997 by the Suffolk County Planning Sincerely, Bennett Orlowski, Jr. f' ' Chairman rev. 6/94 PI,~NNING BOARD MEMBEK~ BENNETT ORLOWSICI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATI-IA-M, JR. RICHARD G. WARD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 7, 2000 Tiffany Liebling Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-off for John Tuthill SCTM# 1000-17-6-61 13 & 14 Dear Ms. Liebling: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 6, 2000: WHEREAS, the proposed set-off application is to set-off a 0.574 acre lot from a 35.918 acre parcel; and WHEREAS, there is an existing dwelling on the proposed 0.574 acre (25,015 sq. ft.) lot; and WHEREAS, the property is located in the Low Density Residential R-80, Zoning District, in which the minimum lot area requirement is 80,000 sq. ft.; and WHEREAS, the Planning Board has allowed the application to be processed as a cluster subdivision; and WHEREAS, a covenant and restriction will be placed on the remaining land noting that 54,985 sq. ft. (the difference between 80,000 sq. ft. and 25,015 sq. ft.) must be excluded from the yield for any future development of the remaining parcel; and John Tuthill - 3~7~00 - Pa,qe Two WHEREAS, a scenic easement will exist on all but 0.798 acres of the remaining parcel, be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated December 17, 1999, with the following conditions: Access to the building area on the remaining parcet is shown from Main Road. The map is to be revised so that access to this area is over Rackett's Court, not Main Road. A Declaration of Covenants and Restrictions must be recorded prior to any final endorsement of the set-off noting that 54,985 sq. ft. (the difference between 80,000 sq. ft. and 25,015 sq. ft.) must be excluded from the yield for any future development of the remaining parcel. In addition, this notation must be shown on the final map. BE IT FURTHER RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The final maps must contain the revisions noted in the conditional sketch approval in addition to the following: The map must contain a notation that the set-off lot has been designed in accordance with the Cluster Regulations. A building envelope should be indicated for the building area of the remaining parcel. C. The map must show the boundaries of the Scenic Easement. The applicant's name, or the name of the subdivision, must be shown in the title block. E. The zoning designation must be shown on the map. F. Lot numbers must be shown on the map and the area of each lot must be indicated. John Tuthill - 3~7~00 - Pa,qe Three Condition Number 1 of the conditional sketch approval requires that access to the new building area be over Rackett's Court. It is assumed that the Tuthill property has access over Rackett's Court. Proof of access must be submitted. Since access to the building area is over property other than that involved in the application, 280-A approval from the Zoning Board of Appeals may be required. However, the Planning Board will be reviewing the access situation with the Zoning Board of Appeals and it is likely that the ZBA will allow the access approval to be within the Planning Board's jurisdiction. Condition Number 2 of the conditional sketch approval requires that a Declaration of Covenants and Restrictions be filed for the subdivision. Since the Planning Board may require additional covenants upon review of the final map and review of the County's report, it is not necessary to prepare the draft covenants and restrictions at this time. You will be notified if any additional covenants and restrictions are required. The sketch plans have been referred to the Town Engineering Inspector for drainage review, and to the Orient Fire Department for a recommendation as to whether a firewell is required. You will be notified if any drainage improvements are required, or if a fire well is required. The application has been forwarded to the Suffolk County Planning Commission for review. You will be notified when the Planning Board receives the report from the County. The Planning Board has reviewed the property and has decided not to require a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38(e) of the Town Code. The amount to be deposited with the Town Board shall be $2,000.00 (two thousand dollars per vacant lot in the subdivision). Payment is required prior to any final endorsement of the subdivision. Please contact Melissa Spiro if you have any questions regarding the above. Sincerely, Chairman .~ PECO~NI_~C _LAN~D TRUS____.~_T ~ FAX TRANSMISSION COVER SHEET DAYE: TO: FAX NO: FROM: RE: NUMBER OF PAGES INCLUDING THIS COVER SHEET: February 2, 2000 Mellssa Spiro Tiffany Liebling Tuthill Set-off application (516) 765-3136 Melissa, I talked to John Ehlers and he said that he will revise the map so the develnpment lot does not have access to Main Road. The western boundary of the development lot will end at the proposed set-off area instead. FROh~ F,'_b. 82 20~8 ~.;!4:3EIRd P2 February2,2000 Ms. Melissa S?im Planning Board 'town of Southold P,0. Box 1179 $outhold~ NY 11971 RE: Tuthill Family Set-Off-Application SCTM# 1000-17-6-6, 13, 14 Dear Melissa: I submit to you a copy of a survey dated t.2/17/99 for thc planning board's review and comment. The set-olTapplication will follow within the next couple of weeks. The surveys shews SCTM# 1000-17-6-13 as being owned by the Tuthill Family; however, ihe tax map itsdf shows it as being owned by the Town of Southold. If you need additional information, please contact me. Smcerely, Tiffany Liebling Project As*istant PECO~C: LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 (516) 283-3195 Fax: (516) 204-0711 www. peconicbndt mst.org February 4, 2000 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Tuthill Family Property SCTM# 1000-17-6-6, 13, 14 Set-Off Application Dear Mr. Orlowski; Enclosed please find an application for a set-off for the Tuthill family's property. I am enclosing the following information as part of the application: 12 survey maps; Filing fee of $250; Environmental review fee of $400; Letter regarding drainage, grading and road construction; Short Environmental Assessment Form, Part I; Legal description of the property; Application; A completed questionhaire; and Applicant transactional disclosure form. Thank you for your attention and consideration. Sincerely yours, Tiffany C. Lie-bling Project Assistant Enclosures PECON C LAND TRUST 296 Hampton Road, EO. Box I776, Southampton, NY 11969 (516) 283-3195 Fax: (516) 204-0711 www. peconiclandtrust.org February 4, 2000 Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Tuthill Family Property SCTM# 1000-17-6-6, 13, 14 Set-Off Application Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned set-off and its referral to the Suffolk County Planning Commission: 1.) No grading, other than foundation excavation for a residential building is proposed. 2.) No new roads are proposed and no changes will be made in the grades of the existing roads. 3.) No new drainage structures or alteration of existing structures are proposed. Thank you for your attention and consideration. Sincerely yours, Tiffany C. Liebling Project Assistant PROJECT i.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR I. APPLICANT/SPONSOR 2. PROJECT NAME Peconic Land Trust, Inc. Tuthill F~mil¥ Setoff 3. PROJECT LOCATION: Municipality Orient County Suffolk 4. PRECISE LOCATION (Street adclress and road intersections, prominent landmarks, etc., or provide map) See map. Orient, Town of Southold, County of Suffolk. 5. IS PROPOSED ACTION: [] New O Expansion [] ModiflcationlaJteratlon 6. DESCRIBE PROJECT BRIEFLY: 1 lot set-off from original farm parcel. ?. AMOUNT OF LAND AFFECTED: Initially +/---- . 5~4 acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes ~_~No if NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential O Industrial O Commercial [] Agriculture [] Par~JForestlOpen space [] Other Describe: 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~]No If yes. list agency(s) and permitlapprovais 11. DOES ANY ASPECT OF THE ACT[ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes O NO If yes, list agency name and permiUapproval N/A 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? OYes ONo N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Date: If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 )ART II--ENVIRONMENTAL ASSESSMENT~ (To be completed by Agency) ~k A~ DOES AC.TION F-~CEED ANY TYPE [ THtOLD iN 6 NYCRR, PART 617.127 If yes, coordh~ql~,,e rewew [3rocess and use the FULL EAF. WiLL ACTION RECEIVE COORDINATED REVLON AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded Dy another Involved agency. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: {Answers may be handwritten, if legible) C1. Exis[ing air duality, sudace or groundwater quality or quantity, noise leYels, existing traffic patterns, solid waste production or disposal, polential Ior erosion, drainage or flooding problems? ExDlain briefly: No c3. Vegetation or fauna, lish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NO C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefl NO C5. Growth, subseduent develobment, or rela~ed activities likely to be induced by the proposed action? Explain brielly. NO C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly, NO C7. Other impacts {including changes in use ,3f either quantity or type of energy)? Explain briefly. No D. IS THERE, OR iS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~] No if Yes, explain briefly PART Ill--DETERMINATION.OF SIGNIF.!CANCE (To be completed by Agency) INSTRUCTIONS: For ~ch 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) durat)on; (d) irreversibility; (e) geographic scope; and (f} magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY 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 act[on WILL NOT result in any. significant adverse environmental impacts AND provide on attachments as necessary, the'~asons supporting this determination: ' 5i[nalure ~Ees~le Otficer in L.e~ency -' 5ignature bt Prepar~ (Il diligent,hie otfice~) Legal Description for the Lands of the John B. Tuthill Family Limited Partnership Commencing at the point of intersection formed by thc Southerly Side of Main Road (State Road 25) and the westerly side of a private road otherwise known as "Rackett's Court" said point also being 324 feet from the comer of Main Road (State Road 25) and the Westerly side of Oysterponds Lane said point also being the northeast comer of the land of John Tuthill and running thence from said point or place of Beginning; South 32034'40'' West, along the westerly side of Rackett's Court a distance of 435.40 feet to the southwesterly comer of "Rackett's Court"; thence Soulh 54°24'10'' East along the southerly line of"Rackett's Court" and the land of Bryant Tabor, a distance of 178.36 feet to a monument and the land ofA. & R. Abersmith; thence South 32044'50'' West along the land of Abersmith, Dispenza, Neilson, Newman and Van Cleef through a monument a distance of 443.28 feet to the Northeast comer of the land of Henrietta Rackett; thence along the land of Rackett North 55°36'10" West, a distance of 316.18 feet to a point; thence South 34°09~00'' West, along said land also along the land of Mary Jane Hicks a distance of 353.40 feet to a point adjacent to the comer of a concrete seawall and the waters of a tidal creek fed from Orient Harbor; thence South 89°07'16'' West, a distance of 319.55 feet to the average high water mark of Orient Harbor; thence along the average high water mark of Orient Harbor North 57°01'53" West, a distance of 585.13 feet to the land of Van Cleef thence along the land of Van Cleef and through a post North 20016'40'' East, a distance of 1252.83 feet to the southerly line of Main Road (State Road 25); thence the following eight courses and distances along the southerly side of Main Road (State Road 25) South 80044'40'' East, a distance of 257.40 feet; thence South 76014'20'' East, a distance of 142.53 feet; thence South 66032'40'' East, a distance of 104.15 feet; thence South 61042'30'' East, a distance of 118.64 feet; thence South 59050'00'' East, a distance of 251.94 feet; thence South 56022'50" East, a distance of I90.57 feet; thence South 55026'00'' East, a distance of 178.91 feet; thence South 54030'00'' East, a distance of 59.40 feet to the westerly line of Rackett's Court and to the Point or place of Beginning. Containing 35.92 ACRES. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the T0~vn of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Tmvn Planning Board, and represents and sta'tes as follows: 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 applicatlon, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be Tuthill Family Setoff 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follmvs: - Liber ........................ Page ' ... On Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ................. On ........... Liber Page .............................................. On ....................... ; Liber Page as devised under the Last Will and Testament of ~tI~ia B. Tuthill who died ' 'f6 -'4 '-'d 6' ' { '1' g b'::} ' i5' )'. or as distributee 5. The area of the land is ..... 3..5....9.1..8 .....acres. 6. All taxes which are liens on the land at the date hereof have been paid except . .N./..R. ...... 7. The land is encumbered hy ........ .I.I.I.N/.A. mortgage (s) as follows: ................................................ (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ .................... held by ...................... .............. address .............................................................. (b) Mortgage recorded in Liber ......... Page ............... ~ ...... . in origingl amount of %'. ...... 7 .....: unCald amount $ ...................... held by ................ i ..... .............. address.. ........................................ i .............. : ...... (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address 8. There are no other encumbrances or liens against the land except ..... .N/A .............. 9. The land lies in the follo~ving zoning use districts ......... .R.~ .8.0. ........................ i0. Nopartofthelandliesunderwaterwhetl~ertidewater, stream, pondwaterorotherwise, ex. cept $CTMg 1000-17-6-13 .............. I1. The applicant shall at his ~xpense install all required public improvement's. 12. The land~ (does not) lle in a \Vater District or Water Supply District. Name ot[ Dis- trict, if within a District, is ......... S..u.f..f.o..I..K...(2.o. ¢.n..'f,~...I4..a..'c.e...r...g..u.'c, hq)r.~, g.y. .......... 13. Water mains will 'be laid by and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . ....... N./?. ............................. ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be iustalled by and (a) (no) charge xvill be made for installing said mains. 16. If streets shown on the plat are claimed b,,' the applicant to be existing public streets in the SuffOlk Couuty Ilighway system, annex' Schedule "B" hereto, to shoxv same. 17. If streets shown ou }.he plat are claimed by the aPl)licaut to be existing public streets' in the Town of Soothold [Iighway system, annex Schedule "C" hereto t6 show Same. 18. There are no existing-bnildiugs or structures on the land which are not located nnd showu on the plat. I9. x, Vhere thc plat slmws pt:oposcd strbcts which are exteusious ,f streets ou adjoiuing sub- division maps heretofore filed, there are no reserve strips at the end of the streets ou said existing maps at their conjunctions with the proposed streets. 20. In the c{mrse of these proceedingsr the aplflicant will ~(fcr prtmf of title its required by Sec. ,335 of the R.caI prapqrty Law. 2I. Submit a copy ~)i-proposed deed for lots showing all restrictitms, covenants, ctc..-Anm:x Schedule "D". 22. The applicant estimates that tlm cost of grading and required public improvements 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 xvill be written by a licensed surety company unless otherwise shown on Schedule "F". (Name of Applicant) (S'gnature.'"and Titll) ,~ ^ ,..*, ~ .... "~'m, (ad~ress~ ........ ~ ............. STATE OF NEW YORK, COUNTY OF...~14{/1~ Ik ...................... ss: On the .... .~..'~.. .......... day of...~.6~J~J'[..q.0, F.)/ .............. I~1~0.0, before me personalty came · '~'h'rl.~/.. .¢i.~.~..[i-g].~ ....................... to me known to be the individual described in and who executed the foregoing instrument, and acknotvledged that . .~..~?. ...... executed the same. N' ' "ar3'" ................ Public 3b! ~"~.. 'W;~ h ofske ......... . c~ary . NO~ Pubhc State of New Yo ~' -- I~O. 01WE5064466 _r., ~ualified in Suffolk Counht ST.&TE OF NEW YORK. COUNTY OF ............................ Commission Expires 8/19/20r_~' SS: On the ................ day ............ of .............. , 19 ....... before me personally came ....................... to me known, who being by me duly sworn did de- pose and say that ......... '... resides at No .............................................. :. ...... ............................. that .......................... is the .......... the c~,rporatiou described ia dod which executed the foregoiog instromeut; that ............ kno~vs the seal of said corp~)ratiou; that the seal affixed by order tff the board iff directors of said corporation. ami that ............ signed .2 ............ name thereto by like order. Southold, N.Y. 1~97! (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence~ 1. Are there any wetland grasses on this parcel? (Attached is a list of the wetland grasses defined by the Town Code~. Chapter 97, for your reference) No 2. Are there any other premises under your ownership abutting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes concerning this property before any other department or agency?(Town , State, County, 5. Is there any application pending before any other agency with regard to a different project~on this parcel? Are there any other applications pending etc.) 6. Was this property the subject of any prior application to the Planning Board? 7. Does this preperty have a valid certificate of occupancy, if yes please submit a copy of same No Yes Yes ~ Yes ~ I certify that the above statements are true and will be relied on by the Planning Board in considering this application. Signa~kY~rop'erty ow{~r or authorized agent ~dat& Attachment to questionnaire for~;the Planning Board STATE OF NEW YORK, On the ~ day of ~7 came ~;' ~ V L~' ~ll'~ individual described in'and who and acknowledged that ~ COUNTY OF SUFFOLK, ss: , before me personally to me known to be the executed the foregoing instrument, __executed the same. Not~y Public JulY® T, Wesnofske ~NPUblic State of New York o, 01WE5064466 Qualified in Suffolk Count/ Commission Expires 8/1 The Town of Southold's Code of Eti~ics prohibits conflicts of interest on the parL of town officers and employees. Tho purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Peconic Land Trust, Incorporated (Last name, fLcst name, middle in[tLal, unless NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Approval of plat Exemption from plat Or' official map Other X (If "other," name the activity.) Set off application YES X NO If yOU ansvered "YES," comptete the balance of thi~ fo~m and Name of person employed by the Town of Southold Peconic Land Trust, Title Or positiol% Of that pe$~on Describe the relationship between yourself (the applicant) and the town off [cer of employee. Either check the app$oprtate line A) through D) and/oc deNcr~be in the space provided. parent, or child is (check all. that apply) ~ DESCRIPTION OF RF~LATIONSH[p Consultant FOP-. THE TUTHILL FAMILY s~.qr,~'fown TYPICAL ~ELL nob ~o scale ~ ~'~ * I ,",5~' ' TYPICAL PLOT PLAN not. t.o sccde JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 R1VERHE3~, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~Ip serve, rba~PROS~99-273n.pro