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HomeMy WebLinkAbout1000-25.-4-11.8 CONSERVATION N N T T° c TUp. Ti W E SUBDIVISION MAP EI9 �s o6� °app N39 5eo.111n a `q. S "ORCHARD STREET FARM" a °I� g£ W e s E I o Q f ° �° AT ORIENT ° y _ _� 0 5 r T i I °� g ° a` �° a m eaI G mo o� °o° `°,q,� Wally �' (STT or formerly of 1 I _R $' sj a3 m m P -�,o m \ Lgnq _ J 1 TOWN OF SOUTHOLD Land naw F110 . Sorenson E Robert W Sorenson 3.50'00" Rachel D T4b0' :a T'49'0O"E 122 N4//rldeers y of 7 SUFFOLK COUNTY NEW YORK an S �r �-0NDIT/Dn1HL- /'/HIRE r'} i+?D✓AL• of t r 91N -_. rD // /��o�n LRa'R G G Reece s�, Jr 6 _ �CI� SUFFOLK GOUNTY TAX MAP NUMBER 1 orjorie e. Re0Ve5 Ito `�1m - 1000-25-4-1 Lb �/iJAL /?fT1WL11q -'. a//�10'7 �` II N Itil u \\ i 14 I ��-� 19= I 1 rfi LgngnD, -- i Keymap GERTIFIED TO: kelid � Farm Kp���-I SCOTT MORTON `) 1 formerly oP G• tt /`/oto qp, " = 600 NOTES: - Land now or n Ann N Lathom �Ie rn a g30 E �I PROPERTY ZONED A5 R-80 1 J - _ 1 IA II ;� wtq Si Be°"E I ` `. � TYPICAL PLOT PLAN _ Are' `�1 Test Holes b Sea Level Ma In I y PP 9 z AREA - 6'TSb95 sf or I5j2.-ACRESI 2006 I' p'� I° . Lv l ,', T.e[Hala"1 - i � � SFf ? 3 1, Z .� . dated 2/I�/OI not to scale ---�-III—I ' „� ''�. ao m NBT•4o'4o"E 314.22' Town of Southold \ 11 Formerly of II I 90OI'I MAP AMENDMENTS: �to _` - � '1 Land atthew 0,HRr w �+t" I Co Hants&Restrictions Test Hole Test Hole X1 2 ' Y' L7 '' 2 Joseph Farg I I II'�� y@ `" LIBER Mal PAGE�� el. 175' el 160' ROAD no - .orb rayara — rll II, 2005 ," : T, June 29, 2005 SS11 1� - ° 1' 1' July s 20057/ l', FEB - 7 001 I .. -- - _ II'I, II° udtn Area .91 _ `oto ,m1 July 19, 2005 -A�__ of September 19, 2005 - '00 Land now or Forme Sy_acre 'I a oOAD — " a°0 LL\ December IS 2005 ,. 1 n Balm cralg Lr. 502_2 July 26, 2006cheryRageY T Foster, I' I C 1 _____- (ryyp v hOU50 w�: ^� -`"- .✓ f ��� � , II �, - �a^o Lot I , �Oti Area = 13.4gA3 Acres ry oto QQ " ,;o 20 2006 .qa o 'Go Bending Area 1.0398 �resres T°g �, o° -- I _ 9 aQ` ToI of Southold I a L Tabor N +� ✓,>; 'p; a ' ' ��° D-dBEk o�enants&Restrictio sate, I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR SEWAGE D15P05AL 5Y5TEM(5) - SaaM[°eo°°"oxz y oF � a'a'a` • wall -� > ��OIPgGL d FOR THI5 PROJECT HERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A Land now orSCformcrl r,' l.1ey"gp,gp E IT3 -0 v CAREFUL AND THOROUGH STUDY OF THE SOIL, ND GROUND WATER ALL Gory Tabor I ', O u1�i e l O ernEne 1a s'.acar crnEnE 1a wafer el 3 O' LOTS,A5 PROP05ED,CONFORM TO THE K TY DEPARTMENT IDES plauree;^l o ,n \ m water p GONSTRUCTION STANDARDS IN EFFECT A5 OF 15 D TE. ,r(� 'n I , O Lot g "asin .ultivdted R�Ids N' m aam m a ri9•f• I rn Teat x°.^? 'o ac=I OobB Aera� erz e1 gra e1 9 L.IiI�e N� Y. 1 /n4 9 ✓/(Q'`�6 on now o�f vv�ght p 90 E 211J1' m ,(� ;f !! e o A w g � ' y� WELL DETPIL FISGHETTI ` dwol ri ht N ot 2 20, `� FF 8-% not t0 scale Na. 0626���pA Ua� �tfed L2D056 AGfe5 i IN matmino "IN, Uni �<,°o Pwj I ad ` Elm ,1 osO ° ----- S�PTIC SY5T�M DETAILwa , a SCE' = o _ �• •�'� FOR 4 BEDROOM RESIDENCE sr'AEx F'm IF _I___ N N I,C AREA. m DO NOT TO 5CALE o ` y - N�•52 "W 133.2 OY fefinefly Of. .O Areay j // ` ANDACOVERS TO SRAVE GROVNO WAreR MiBtEBY CERTIFY THAT THIS MAP WA5 MADE BY 7/5 FROM ACTUAL SURVEYS Land now hes Turner 162bm"W N / x COMPLETED NOVEMBER 1990 AND THAT ALL CONCRETE MONIMENTS SHONIN THUS: Robert Hug 74 4&� p wSiL scR55N HEREON ACTUALLY EXIST AND THEIR POSITIONS CORRECTLY SHONA! AND D 6'PLAT GDNCRETE GONER F bteeLE ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. - ry �' ` • 155 / / e,'Aoa ®1155 1'TO GRACE S5ALLON5 WELL WAVID 50PPLY MINDR ---- - % Land now e Formerly of o wnN cry rvmE.s 1 ENCOOINDN ENUEBAL °555 inyNNS o Fehr Irl`-nETw�n11 C 1/ TABLE m5 weu..TRS5 nnr BE ALLeo AT n SNALLLLONER elEP1H PRpV v5o THAT THE TOP OF THE YELL va^peR poor of la. x Ar LFur FcSr SFLow r¢wnrcR rweLL MINIMUM PITGX al BT5 a .I 150 ^NO JTHEEy INB FOIA 15PARATION 00 EET THE WRL ANO f{.N N / ry MIN a"vlA, p,pp 13]5 MINI peR pppT LL LGCHING vaoLs AT LC/sT ISO MEET HN G. BiLERS N.Y.PL.S. LIG • 50202 i MwIMUM pTOM e:®®�® r' C ° 0 r MIN a DIA pipe _ e®® SUBJECT TO COVENANTS & RE6TRICTIONS LIBER i � Il ❑ s 6 • SD�sp PAGE IN , 1000 GALLON MNIMNN NBO ,40295.gB', MONouTAN A Y, \slug. wuL r APPROVED IN ACCORDANCE WITH BOARD OF :W 316,57, sePTlc TANK Gp ` DEPTH 3 ` EFFEGrrvE REVIEW DETERMINATION DATED I.rL 1, 1 7 REMOVE ALLM AND SOIL WITHIN 9'HORIZONTALLY AND 6 VERTICALLY utn°H alreram p ° a°m[rrn tr a vey BACKFILL WITX CLEAN MATERIAL 1 T vto,r°1e[a°" ea n u a + ✓15'MINIMUM SEPARATION FROM n°fas , FER Ntp'-°ev¢ar°n2 °[pe SEASONAL MI6,6ROR,WAT¢R °Mew 1°11 tl[ate F-ec e, Lau. el 3.0 SEA50NANH16H c"" r°prey from the "ngr nal a veV GROUND WATGR nginel ° vay°r a sLampe05seal[s"all°°e mns]°erenet° °e Dal]° [ TABLE OF AREAS 'Lartrtr[a[r°na , Hary tpa°aiaa SUFFOLK COUNTY DEPt�TMENT OF HEALTH SERVICES eErvey was pre0e�e4etlpna[[oP2noe a-, tpa y;` Hauppauge,New York StP 2 2 7mR TOTAL AREA = 15.5119 ACRES ,nT,ng r°pe °' pract— I- L°"° S, IM a°°Pte° 80% TO BE PRESERVED = 12.4095 ACRES apv R "'" v°"` state „a al'°" °"r° 20% LEFT FOR DEVELOPMENT = 3.1024 ACRES 11.Ervnenra sof a rtr 'a snarl 1op'I'a pers°p up°mf[Ee a vey 1s prepirep an° rn Poe pep°lt l°rl ne tILN company, I...-men- LOT I BUILDING AREA = 1.0398 AGRE5 La, aErnry app let. N �net�:°tion rlsLap parson. an° This is c that a used R al bdiviaionm Development ° tna c-s :n.aa °r tna :en°mg matrtutmn carnrma- �too 1 ty p LOT I TO BE CONSERVED = 12.4095AGRE5 t [Iona ar. Hat tranararame L° apmlyIN-1 enamtoteone �pr OrrC. a e arm in the nr ounce°°ant nwnere fie U.J. a with a total of lots was LOT 2 AREA = 1.0058 ACRES approved on the above date.Water Supplies and Sewage Disposal LOT 3 AREA = 1.0068 AGRE5 Facilities must conform to construction standards in effect at the time of construction and are subject to separate permits pummot to those standards. This approval shall be valid only if the realty subdivision/development map is duly filed with the County Clerk within one year of this date.Consent is hereby given for the filing of this map on which this endorsement appears is the Office of the County Clerk m SAS 1 Fl SYSTEM DESIGNED BY: JOHN C. EHLERS LAND SURVEYOR accordance with provisions of the Public Health Law and the Suffolk COVENANTS AND RESTRICTIONS AFFECTING THIS SUBDIVISION 'IOSEPH FISGHETTI, PE N.Y.S.LIC. NO. 50202 Coup Sani Code. HAVE BEEN FILED AT OFFICE OF THE CLERK OF SUFFOLK COUNTY IY25 H05ART ROAD R ���TER J � IN LIBER_ PAGE 6OUTTHOLDD,,Nr 119T1 6 EAST MAIN STREET Director,Division ofEnviml mentaCQuality GRAPHIC SCALE 1"=100 ' RIVERHEAD, N.Y. 11901 0 100 200 300 369-8288 Fax 369-8287 \\Compagserver\pros\90S\98-267.pro\98-267cons=-�ub 7/27/2006 11 saPM \\eo roe\905\96-267. row6-2 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SO[/py P.O. Box 1179 JERILYN B.WOODHOUSE �Q� ��� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS N Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON (cor.Main Rd. & Youngs Ave.) ,JOSEPH L. rowNaEND Yeouw,N Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2007 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.8 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, February 12, 2007, adopted the following resolutions: WHEREAS, this proposal is for a Cluster Conservation Subdivision to subdivide a 15.51-acre parcel into 3 lots, where Lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; and WHEREAS, on February 14, 2006, the Southold Town Planning Board granted a Negative Declaration pursuant to SEQRA for this project; and WHEREAS, on November 13, 2006, the Southold Town Planning Board granted Conditional Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006; and WHEREAS, on November 21, 2006, the applicant submitted one (1) copy of the recorded Declaration of Covenants and Restrictions; and WHEREAS, on February 7, 2007, the applicant submitted one (1) copy of the recorded Agricultural and Open Space Covenant; be it therefore Orchard Street Farms Page Two February 13, 2007 RESOLVED, that the Southold Town Planning Board find that all of the conditions of conditional final plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006, and authorizes the Chairperson to endorse the maps. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Building Department (w/map) Tax Assessors (w/map) I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 11/15/2006 Number of Pages : 5 At: 03 :09 :28 PM Receipt Number : 06-0110626 LIBER: D00012478 PAGE: 755 District: Section: Block: Lot: 1000 025 .00 04 .00 011. 008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15 .00 NO Handling $5. 00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $5 . 00 NO RPT $30 .00 NO SCTM $0 .00 NO Fees Paid $75 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1 2 • Number of pages TORRENS = Serial# Certificate# Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee ) Mortgage Amt. — Handling 5 1. Basic Tax 2.Additional Tax _ TP-584 Sub Total Spec. /Assit. Notation — or EA-5217 (County) Sub Total C;�0 Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town _ Dual County— R.P.T.S.A. �j�J �y� Held for Appointment_ �® a� Transfer Tax Comm. of Ed. 5. 00 Mansion Tax Affidavit 'U✓ �� The property covered by this motgage is c, or will be improved by a one or two ertified Copy >^— family dwelling only. YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on Other 1 Grand Total L_J a page# of this instrument. 4 1 District 1000 Section 25 Block 4 Lot 11.8 ty Preservation Fund Real 1000 02500 0400 011008 Consideration Amount $ Property Tax Service P T c,, CPF Tax Due $ Agency 15 ONO VIT A Improved Verification 15-NOV-0 Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD &RETURN TO: Charles R. Cuddy, Esq. TD P. O.Box 1547 Riverhead,NY 11901 TD 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Christine A. Morton The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold Town of Southold In the VILLAGE or HAMLET of Orient BOXES 6 THROUGH S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) w 4 Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future oroneM tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, NY 11757 Riverhead, NY 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, NY 11777 Shelter Island,NY 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, NY 11751 Southold,NY 11971 (631) 224-5580 (631) 765-1803 Sincerely, int Edward P. Ramaine Suffolk County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this-.2$n'day of June , 2006, by Christine A. Morton, residing at 25 East 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 same will be in the best interests 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 lots 2 and 3 within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19, 2005, unless such use is approved by the Planning Board of the Town of Southold. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. r 4. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, 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 granted by a majority plus one vote of the Planning Board after a public hearing. 5. 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. 6. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 7. 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. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton SII STATE OF NEW YORK) j SS.: COUNTY OF SUFFOLK) On the leday of —0-4-,4�2006, before me,the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. L Notary Public Notary CHARLES c,State of New York ouslifiedo.5872225 ln Suffolk County Commission Expires December 31,20-4 i COUNTY CL1:RK'S OPF[CE STATE OFNEW YORK SS.: COUNTY OF SUFFOLK 1, JUDITH A. PASCALS, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original .D ..C,. af2-7S� .........RECORDED in my office on under LIBER ._.ley_ 7$ _ PAGE such .�.. 5--and, that the same is a copy thereof, and of the whole of such original. true In Testimony Whereof; T have hereunto set iy hand and affixed the sea] of Said County and Court on this .��j..._..day of.. . �LQn11Je C ...., 220.0(0. CLERK..� acLi4. � e_/ SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said land now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degrees 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes 00 seconds West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 37.50 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 205.00 feet; RUNNING THENCE along curve to the right with a radius of 10 feet, a distance of 15.71 feet; I IIIIIII IIII VIII VIII VIII ILII VIII VIII VIII IIII IIII 111111 (IIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 02/06/2007 Number of Pages : 7 At: 11:52 :53 AM Receipt Number : 07-0013287 LIBER: D00012490 PAGE : 916 District: Section: Block: Lot: 1000 025 . 00 04 . 00 011.008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $5 . 00 NO RPT $30 . 00 NO SCTM $0 . 00 NO Fees Paid $81. 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County M1 2 • Number of pages TORRENS Serial # Certificate# Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 5 00 1. Basic Tax 2.Additional Tax TP-584 Sub Total _ Notation Spec. /Assit. or EA-5217 (County) Sub Total Spec. /Add. TOT. MTG. TAX _ EA-5217 (State) Dual Town_ Dual County_ R.P.T.S.A. y� Held for Appointment_ Aa Transfer Tax _ Comm, of Ed. 5. 00 Mansion Tax Affidavit The property covered by this motgage is � ? or will be improved by a one or two Certified Co ' family dwelling only. Reg. Copy Sub Total YES or NO If NO, see appropriate tax clause on Other Grand Total_� page# of this instrument. u2-01 -o-1 4 Districtl0( 1000 02500 0400 011008 11.8 5 Community Preservation Fund Real P T S Consideration Amount $ Property R SFL A Tax Service �,05-FEB-07 CPF Tax Due $ Agency Improved Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: TD Charles R. Cuddy, Esq. TD P.O. Box 1547 Riverhead, NY 11901 TD 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Agricultural and Open Space Covenant made by: (SPECIFY TYPE OF INSTRUMENT) Christine A Morton The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold Town of Southold In the VILLAGE or HAMLET of Orient BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, NY 11757 Riverhead, NY 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, NY 11777 Shelter Island, NY 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, NY 11751 Southold, NY 11971 (631) 224-5580 (631) 765-1803 Sincerely, in T ,h IOMZ;4, Edward P. Ramaine Suffolk County Clerk AGRICULTURAL AND OPEN SPACE COVENANT THIS DECLARATION, made this j-J day of -Febr cLorL1 2007, by Christine A. Morton, residing at 25 East 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT: WITNESS TO: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 26, 2006, as more particularly described on the annexed Schedule A; and WHEREAS, the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at Orient, in the Town of Southold, as hereinafter more particularly described, should be preserved for agricultural or open space purposes; NOW, THEREFORE,THIS DECLARATION WITNESSETH : 1. The Declarant agrees that the property labeled Conservation Area(Lot 1) as shown on the map of"Orchard Street Farm" at Orient, last dated July 26, 2006,shall be protected and conserved in perpetuity pursuant to the provisions of the Declaration. Except where reference is made to the entire subdivision Lots 2 and 3 shall not be affected by this covenant. 2. The Conservation Area shall only be used or maintained solely for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the cultivation of crops of all kinds including but not limited to all forms of horticulture, the pasturing, grazing, feeding and care of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including Page 1 of 4 but not limited to barns and sheds, as reasonably necessary in connection with agricultural use and the maintenance of horses, sheep, beef or dairy cattle or similar livestock may be constructed, maintained or replaced by Declarant, except there shall be no barns, sheds, or buildings erected or located in the "scenic area"as designated on the subdivision map prepared by John C. Ehlers, Land Surveyor, last dated July 26, 2006. Commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors, shall be prohibited. 5. The excavating or filling of the property, including but not limited to mining is prohibited, except as may be necessary to construct and maintain permitted structures and improvements on the property. The removal of topsoil, sand, or other materials shall not take place. 6. There shall be no dumping or accumulation of unsightly or offensive materials on the property including, but not limited to trash, garbage or chemical waste. However this shall not prevent the use of materials on the property in the normal course of sound agricultural practices, including fertilization and composting. 7. The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the property and only for any of the following purposes: (a)to state the name and/or address of the property and the names and addresses of the occupants, (b) to temporarily advertise the property or any portion thereof for sale or rent, (c)to post the property to control unauthorized entry or use, or (d)to announce Declarant's covenants. Signs shall not be more than six square feet in size, be non-illuminated and are subject to regulatory requirements of the Town. 8. The use of the property for any industrial purpose is prohibited. Uses related to agricultural activities as allowed by this declaration shall not be considered commercial uses for the purpose of this paragraph. 9. The use of the property as a leaching or sewage disposal field is prohibited, except to service the permitted structures. The use of the property for a drainage basin or sump is prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the property. 10. The use of the acreage of this property for purposes of calculating lot yield on any other property is prohibited. 11. In the event the Property is no longer used for agricultural purposes then it shall remain as open space, undisturbed in its natural state. The Declarant, his successors and assigns Page 2 of 4 shall have the right to remove diseased or dead trees, shrubs or other vegetation and replace them. 12. The Town shall have the right to inspect the Property and to enforce this Covenant. However, the public shall not have any right to enter upon the Property or enforce this Covenant. 13. In the event of any violation of this Covenant, Town of Southold shall have the right to require Declarant to restore the property to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that Town of Southold may reasonably deem necessary. However, Declarant shall not be liable for any changes to the property resulting from causes beyond Declarant's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the property resulting from such causes. 14. The building envelope at Lot 1 is excluded from this Covenant and a residence and customary residential accessory structures may be constructed within that envelope. 15. By this Covenant, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities, pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code 16. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, 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 granted by a majority plus one vote of the Planning Board after a public hearing. 17. Declarant shall have the right to convey, mortgage or lease all of its remaining interest in the property but only subject to this covenant. 18. 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. 19. The aforementioned Restrictive Covenants are intended for the benefit of and Page 3 of 4 shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 20. If any provision of this Covenant or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Covenant and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 21. There shall be no further subdivision of any part of the property described in the annexed schedule A. 22. Declarant shall record this Covenant in the land records of the office of the Clerk of the County of Suffolk, State of New York. 23. The within Covenant 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. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. I Christine A. Morton I I STATE OF NEW YORK) SS.: COUNTY OF,j&,4):aJ,j ) On the da ofkC�-yl2007 before me the undersigned, Personall appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ' CHARLES R.CUDDY Notary Public, State of New York No.5872225 Page 4 of 4 Qualified in Suffolk County Commission Expires December 31,20to COUNTY CLERK'S OFFICE, STATE OF NEW YORK SS.: COUNTY OF SUFFOLK 1, .IUDITII A. PASCALE, Clerk of the County of Suffolk and the Court of Record thcr f, do hereby certify that I have compared the annexed with the original i J g - � ��U ............RECORDED in my office on .,.i�.fCgr.U.'7...... undo LIBER .a.yVp .... JY.4 ......and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, j have hereunto setjny hand and affixed the seal of said County and Court on this 41M .. ....day of. // .j ...__.. 20.0.. . accLsT�L " 4� CLERK......................................... r� MAILING ADDRESS: PLANNING BOARD MEMBERS ¢ ��'� ���� P.O. Box 1179 DONALD J.WILCENSKI � � ��� Fy, Southold, NY 11971 Chair �� °! OFFICE LOCATION: WILLIAM J.CREMERS a Town Hall Annex PIERCE RAFFERTY r�� �654375 State Route 25 JAMES H.RICH III g (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ° �j°� Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21, 2016 Ms. Christine Churchill and Mr. Keith Scott Morton P.O. Box 134 & 25 East 6t" Street Apartment 12 G Orient, NY 11957 New York, New York 10028 Re: Proposed Lot Line Change SCTM#1000-25-4-11.9 & 1000-25-4-7 Dear Ms. Churchill and Mr. Morton: The Planning Board reviewed your request to transfer 0.7 acres of open space preserved through the Planning Board approved Conservation Subdivision of Orchard Street Farms to SCTM#1000-25-4-7. After review, the Planning Board agreed not to support a proposed lot line change that would allow preserved open space to be divided and transferred to SCTM#1000-25-4-7.. If you have any other questions, please do not hesitate to contact this office. Very truly yours, Donald J. Wilcenski Chairman cc: Charles Cuddy, Esq. Southold Town Planning Board - Page Two- March 10. 2014 -- -- ....... -.. -- Project Name: T Colony Pond T`SCTM#: '. 1000-52-5-60.3 -------- I - — Location: on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in ! Southold 1 Description: This proposal is for a standard subdivision of a 13.540-acre parcel into ! five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = _ 0.7 ac. in the R-80 Zoning District_ - - --- -------------------- - - --- --------- - Status: Condditiitional Preliminary Approval Action: Review referral from the Greenport-Fire Department_ Attachments: l Staff Report ! --- - --..--------------------------...........................----...-........ - ------------ Project name: I Harold R_Reeve & Sons, Inc.- _� SCTM#: 11000_140-1_6 Location: _ 1605 Wickham Avenue Mattituck _ Description: This proposal is to subdivide a 5.1 acre split-zoned parcel into 4 where Lot Lot 1 equals 1 acre inclusive of 0.1 acres of unbuildable land, Lot 2 equals 1 acre inclusive of 0.1 acres of unbuildable land, Lot 3 equals 1 acre inclusive of 0.04 acres of unbuildable land located in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. A 0.3 acre proposed private road, Creek View Lane, is located on the northeast side of the subdivision off of Wickham Avenue. I This proposal includes a Change of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zonin District -------- --- I- ..............._.---------.-._..-.....-----------------------.-.-.-.-.-.-.-.-.-.-...----------...-------------------------------------------------- Status: New.Application Appltion - - - --._ -.---- -. -- Action: Reewfor completeness-.- -..- - ----- — Attachments: Staff Report Discussion: ✓ Draft February Monthly Report ✓ Harold R. Reeve & Sons, Inc. Request for Change of Zone, SCTM#1000-140-1-6 ✓ Charles Cuddy: SCTM#1000-25-4-11.8, Keith Scott Morton SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said land now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degrees 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes 00 seconds West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 37.50 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 205.00 feet; RUNNING THENCE along curve to the right with a radius of 10 feet, a distance of 15.71 feet; � Sb` A� CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AV FNUE RIVERIIEAD,NEW YORK Mailirqg Address: TFL: (631)369-8200 F.O. Box 1547 FAX: (631)369-9(80 Riverhead, NY 11901 E-mail: charles.cuddy@verizon.net November 7, 2005 Planning Board Southold Town P.O. Box 1179 Southold, NY 11971 Attn: Anthony Trezza Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In connection with the Morton's subdivision in Orient, we are enclosing the following payments: 1. Filing fee for final application of$500.00 it 2. Park and playground fee of$7,000.00 3 6� � Also, enclosed is a final application form. We will shortly forward to you a covenant for the preserved area. Please confirm that this is the final Planning Board's requirement and that upon submission of an endorsed map from the health department all of the requirements for this map will be satisfied. Very truly yours, Charles R. Cuddy CRC/ik Enclosures f Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision ORCHARD STREET FARM 2. Suffolk County Tax Map# 1000-25-4-11.6 3. Hamlet Orient 4. Street Location northwest corner of King St. and Old Farm Rd. 5. Zoning District R-80 6. Date of Submission April 15, 2005 7. Sketch Plan Approval Date October 18, 2005 8. Preliminary Approval Date NIA 9. Number of Lots Proposed three (3) lots 1 10. Acreage of Open Space/Reserved Area 12.459 ac. 11. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing N/A 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B)of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. N/A 15. Application prepared by [] owner (g] agent [] other Signature of Preparer Date 'T OS i S-r • CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Maihn Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net February 23, 2007 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold,NY 11971 Re: Conservation Subdivision for Orchard Street Farms SCTM# 1000-25-4-11.8 Dear Mr. Trezza: This is to advise that the subdivision map for Orchard Street Farm was filed on February 23, 2007 with the Suffolk County Clerk as a filed Map No.: 11498. Very 77,� � truly yours, 4 T. Charles R. Cuddy CRC/ik Enclosures {' FEB 2 6 2007 u Pr_jecA Status Report for Conservation Subdivisions Projact Name and Location; Prnipot IBescription(taken from Rlanrting Tracking): ZBA Decision: Sketch)k Ipu ieation Dates PreSubinission Conference SEORA Determ nation Sketch P)plication Received ���'_ SC Planning Commission Referral App icati; Fees PaidSC°Iann nq Commission Comments _ ER;3AP wbrnittea Fl reDeparlmen[Referral Yield PiE i Submitted Fire Department Comments Concept 7esign Determmea Engineer Conference Fire Department Comments Sketch Flan Submission SERA ,;oordinat on Conditionai Sketch Landsca:)eRan — Sketch Approval Soil Con-servation Plan Final Plat Application Dates,(6 months after Preliminary Plate royal Final Ap lication Recehad Affordable Housing Fee Paid _ Appleat.)n Fees Paiti __. Administrative Fee Pad Mears F ice ved i5l NYSDEC Wetlands Permit Received Paper Pi nts Receive j-S NYSDOT/DPW Permit Received Final Road and Drainage Plass Trustee Permit Received Perform_nce Guarantee ReceiveoFinal Hearmg Set Performance Guarantee 'o Town Board Final Heering Held )sed Fina t,o=:enan is and Restrict ons __ Filed Legal Documents Final Ho neowners A.q ement Conditional Final Approval Final Rond Maintenance Agreement Final Anxoval PLANNING BOARD MEMBERsP.O. FooGz - � Gy �.�. y_1179 JERILYN 13.WOODHOUSE ` Southold. N a' 11971 Chair y u. T2 OFFICE LOCATION: RICHARD CAGGIANO 0� ® Tow_1-Zal4 Annex WILLIAM J. CREMERS KENNETH L.EDWARDS 5=575 State Route 2 `� MARTIN H. SIDOR (cor. Main Rd. &Younos Ave-) Southold. NY Telephone: 631 765-I'P33 Fax: 631 765-3135 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision Orchard Street Farm 2. Suffolk County Tax Map # 1000-25-4-11.8 3. Type of Subdivision Standard [ ] Conservation 4. Hamlet Orient 5. Street Address, n/w corner of King St. and Old Farm Rd. Project Location 6. Acreage of Site 15.51 acres 7. Proposed Yield 3 lots 8. Number of Lots Proposed I tots 9. Zoning District R-80 April 15, 2005 11. Please provide the names, addresses and phone numbers for the foilowing people: Applicant: Keith Scott Morton 25 Fact 86rh CtrPPt_ New York, NY 10028 (212) 889-6643 Agent Charles R. Cuddy, Esq. P.O. Box 1547 RiVPrhead , NY 11901 (631) 369-8200 Property Owner(s): the came as applicant Su7ve_VOr: John C. Ehlers 6 East Main Street Riverhead, NY 11901 (631) 369-8288 Engineer: Joseph Fischetti 1725 Hobart Road Southold , NY 11971 (631) 765-2954 Attorney: Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead NY 11901 (631) 369-8200 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. ves 13. Hasa pre-submission conference been held with the Plama in-Board? If so, provide date. February 28, 2005 14. Has the owner/applicant met with Land Preservation? 1`so, provide No — 15. Is any part of the property in agricultural use? yes 16. Is there an existing or proposed sale of development rights on the property? No 17. Does the owner own any adjacent properties? Ii so, please indicate the properties by SCTM#. No 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). No 19.The site will be serviced by the following special districts or utility companies: Fire District #25 Post Office Orient School District -012 Water N/A 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. No 21. Please indicate the type of open space propos-,d and how it will be managed? 1.0.51 acres will be used for farming purpose, managed by current owner 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered'? Frame barn use for storage of agriculture equipment and it will remain on the property (farm field) . 23. Eased on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. None 24. Application completed by [ ] owner ] agent [ ] other Signature of Preparer Bate 102105 Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The 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: Keith Scott Mnrtnn last name, fust name, middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. lfso, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring _ Subdivision Plat X Planning Site Plan Other(Please name other activity) Do you personally(or through your company, spouse, sibling,parent or child)have a relationship with any oft cer or employee of the Town of Southold? "Relationship includes by blood,marriage or business in.erest. "Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling,parent or child is (check all that apply): A. the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this /3 day of l I-K 5 Signatm'e Print Na re Keit _ Scott Morton KEITH SCOTT MORTON 25 East 860' Street New York, NY 10028 I, Keith Scott Morton, the owner of the property identified as SCTM# 1000- 25-4-11.6, located in Orient, New York, hereby authorize Charles R. Cuddy, Esq. to act as my agent and handle all necessary work involved in the subdivision process with the Southold Town Planning Board . Keith S(e tt Morton Swor to before me this 1.� day of 2005. Not Public Coir!' 4, ')5 Town Of Southold • i ! • P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 11/22/05 Transaction(s): Reference Subtotal 1 1 Application Fees 25-4-11. $500.00 1 1 Park & Playground 25-4-11. $7,000.00 Check#: 1397-8 Total Paid: $7,500.00 Name: Orchard, Street Farm Cons. Subdiv Internal ID:25-4-11.8 Clerk ID: LYNDAB • • � MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE O��Of so P.O.Southold, NY 11971 � /- Chair O OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN 11.SIDOR :Ns PS (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON ain Owl 'I,M Southold, NY u111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk From: Planning Department Southold Town Clerk Date: November 21, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Pro'ect Name Pro'ect T e SCTM # Amount Check # Orchard Street Farm Conserv. Sub. 25-4-11.8 $7,000.00 1397 P & PFee $500.00 1398 Final Plat Appl. Fee enc(s). PANT 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Orchard Street Farm—Conservation Subdivision Location of Action (include Street Address, Municipality and County) n/w corner of King Street, Orient, Town of Southold, County of Suffolk Name of ApplicanUSponsor Keith Scott Morton Address 25 East 85th Street City/PO New York State NY Zip Code 10028 Business Telephone (212) 889-6643 Name of Owner(:f different) the same as applicant Address City/PO State Zip Code Business Telephone Description of Action: The applicant wishes to subdivide 15.51 acres into three (3) residential lots pursuant to the Town Conservation Subdivision requirements. Please Complete Each Question--indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use:®Urban ®Industrial Commercial Residential (suburban) �Rural (non-farm) ®Forest F1 Agriculture Other 2. Total acreage of project area: 15.51 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres acres Agricultural (includes orchards, cropland, pasture, etc.) 15, 5 lacres 12.409 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces 0 acres 1.5 acres Other (Indicate type) landscaping 01.6 acres acres 3. What is predominant soil type(s) on project site? loam & gravel; silty loam a. Soil drainage: X®Well drained 100 % of site ®Moderately well drained_% of site. Poorly drained _% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? NSA acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ® Yes F No a. What is depth to bedrock NSA (in feet) 5. Approximate percentage of proposed project site with slopes: X 10-107o 100% i 0- 15510 159% or greatar_°% 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ® Yes ®X No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks', Yes r"'71No S. What is the depth of the water table? 10-15' lin feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑X Yes No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E Yes 171i, No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? MYes No According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ❑Yes M No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? 11 Yes �No If yes, explain: 14. Does the present site include scenic views known to be important to the community? Yes �No 15. Streams within or contiguous to project area: None L a. Name of Stream and name of River to which it is tributary N/A 16. Lakes, ponds, wetland areas within or contiguous to project area: None 1 6. Size (in acres): N/A i 17. Is the site served by existing public utilities? �X Yes ® NNo'� �''`'� a. If YES, does sufficient capacity exist to allow connection? € X)yesj No b. If YES, will improvements be necessary to allow connection.? FX �I\ie X I 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-P.A, Section 303 and 304? ®Yes ®No - 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to A-icie S and 6 NYCRR 617? ®Yes No of the ECL, 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes FX11 B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 15.51 acres. It. Project acreage to be developed: 15.51 acres initially; 3. 103 acres ultimately. c. Project acreage to remain undeveloped: 12.409 acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A f. Number of off-street parking spaces existing 0 proposed 6 g. Maximum vehicular trips generated per hour: 2_4 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially I Ultimately 3 i. Dimensions (in feet) of largest proposed structure: 35 height; 40 width; 60 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 316.57 ft. 2. How much na,ural material (i.e. rock, earth, etc.) will be removed from the site? N/A tons/cubic yards. 3. Will disturbed areas be reclaimed Eyes RNo ®N!A To facilitate construction of the proposed improvements. It. Will topsoil be stockpiled for reclamation? DYes ® No o. Will upper subsoil be stockpiled for reclamation? Yes No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A arse;. 5. Will any mature forest (over 100 Years old) or other locally-important vegetation removed by this project? 0 Yes M No 6. If single phase project: Anticipated period of construction: 12-1 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated NIA (number) b. Anticipated date of commencement phase 1: month Year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? D Yes ® No S. Will blasting occur during construction? ®Yes F_X1 No 9. Number of jobs generated: during construction 10 ; after project is complete 0 10. Number of jobs eliminated by this project Nona 11. Will project require relocation of any projects or facilities? ®Yes MX No If yes, explain: I 12. Is surface liquid waste disposal involved? F Yes E]No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? El Yes ® No Type Septic System 14. Will surface area of an existing water body increase or decrease by proposal? 17 yes F No If yes, explain: i I 16, Is project or any portion of project located in a 100 year flood plain? ®Yes ®No 16. will tha project r,aste? C] Yes i7^ o a. If yes, what is the amount per month? 0.6 tons qq`-� b. If yes, will an existing solid waste facility be used? M Yes 0 No " solid waste is picked up by private carters c. If yes, give name * Unknown location *Unknown d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Oyes LI No E7. If yes, explain; Materials removed from waste stream for re—use or recycling. ���1 " I i 17. Will the project involve the disposal of solid waste? ®Yes 12No a. If yes, what is the anticipated rate of disposal? NIA tons/month. b. If yes, what is the anticipated site life? NSA years. 18. Will project use herbicides or pesticides? ®X Yes ®No lawn care 19. Will project routinely produce odors (more than one hour per day)? ®Yes r7X No 20. Will project produce operating noise exceeding the local ambient noise levels? DYes FX No 21. Will project result in an increase in energy use? ® Yes ® No If yes, indicate type(s) Electric home use i 22. If water supply is from wells, indicate pumping capacity 7.8 gallons/minute. 23. Total anticipated water usage per day 900 gallons/day. 24. Does project involve Local, State or Federal funding? Yes °X No If yes, explain: I & j 25. Approvals Required: Type Submittal Date City, Town, Village Board ®Yes F1 No City, Town, Village Planning Board Yes ■ Conservation subdivision No approval City, Town Zoning Board ❑Yes El No City, County Health Department Yes El No Subdivision approval Other Local Agencies ®Yes No Other Regional Agencies ❑Yes No State Agencies ❑Yes 177 No Federal Agencies E]Yes ®No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? Yes [7 No If Yes, indicate decision required: Zoning amendment ® Zoning variance -® New/revision of master plan ® Subdivision Site plan ® Special use permit ® Resource management plan ID 0ther 2. What is the zoning classificationof the site? • R-80 ®� 3. What is the maximum potential development of the site if developed as permitted by the present zoning? ) Seven (7) lots i 3 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Yes No 7. What are the predominant land use(s) and zoning classifications within a '/. mile radius of proposed action? Residential I i 8. Is the proposed action compatible with adjoining/surrounding land uses with a 7� mile? F Yes No g, If the proposed action is the subdivision of land, how many lots are proposed? ThrPP ( ) late a. What is the minimum lot size proposed? 1 acre 10. Will proposed action require any authorization for the formation of sewer or water districts? Yes No I E 1 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fre protection? ®Yes ® No a. If yes, is existing capacity sufficient to handle projected demand? 0 Yes No. 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes F-1 No a. If yes, is the existing road network adequate to handle the additional traffic. ®Yes No D. Informational Details Attach any additionr.i information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Keith Scott Morton Date � �� 6'J— Signature Title finer r If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. PLANNING BOARD MEMBERS MAILING ADDRESS: JERILYN B.WOODHOUSEhO��OF so�ryo� Southold,P.O. ox 1 1 871 Chair WILLIAM J. CREMERS #( OFFICE LOCATION: KENNETH L. EDWARDS G Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D. SOLOMON (cor.Main Rd. &Youngs Ave.) ycopMy Southold, NY Telephone: 631 765-1935 PLANNING BOARD OFFICE Fax: 631 765-3136 TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: November 21, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Orchard Street Farm Conserv. Sub. 25-4-11.8 $7,000.00 1397 P & PFee $500.00 1398 Final Plat Appl. Fee enc(s). Town Of Southold P.O Box 1179 R Southold, NY 11971 • 5v6F * * * RECEIPT * * * Date: 06/13/05 Receipt#: 1349 Transaction(s): Reference Subtotal 1 1 Application Fees 25-4-11. $1,200.00 Check#: 1349 Total Paid: $1,200.00 Name: Orchard, Street Farm Cons. Subdiv Clerk ID: LINDAC Internal ID:25-4-11.8 Y MAILING ADDRESS: PLANNING BOARD MEMBERS [f QF So(/ j`? j� P.O.Box 1179 JERILYN B. WOODHOUSE �Q l� , Southold, NY 111 971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y Town Hall Annex KENNETH L. EDWARDS Q �. • �O 54375 State Route 25 MARTIN H. SIDOR 0� a�r (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON yif t� a� L Southold, NY c Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: June 7, 2005 Re: Checks Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Orchard Street Farm Conserv. Sub. 25-4-11.8 $1,200.00 1349 A I. Fee enc(s). CHARLES R.CUDDY ATTORNEY AT LACY' 45GRIFFINGAVL'NIT R1VF.RHEAD,NEW YORK A1ali, Adlr 5`; TEL: (631):369-8aX) P.O Box 1547 TAX: (63 69-90&) Ri'cnc"ad, NY 11901 E-mail:'Anrlc .cuddy((r vurizon.net February 6, 2007- J Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Conservation Subdivision for Orchard Street Farms ` SCTM# 1000-25-4-11.8 Dear Mr. Trezza: Enclosed herewith is a certified copy of the Agricultural and Open Space Covenant for the Orchard Street parcel which has been recorded on February 6, 2007, with the Suffolk County Clerk, at Liber 1300012490 page 916. This Agricultural and Open Space Covenant was the last document required before the ntap could be signed. We are also enclosing four(4) mylars and Four(4) prints and we request that the subdivision map be signed at the meeting of February 12, 2007. Very truly yours, Charles R. Cuddy CRC/;k Enclosures s� CHARLES R. CUDDY Attorney at Law 443 Griffing Avenue Riverhead,New York 11901 Tel No,: (631) 369-8200 Fpax�No.: (631) 369-9080 To ; Anthony Tre>r.3 F'ax#: 765-1136 TELECOPIER COVER SHEET Total Number of gages 2 ircludirag cover sheet. if transmission is faulty or incomplete, please Inform us as soon as possible. Operator: Iwona Date: January 29,2007 Cmments: Re: Conservation Subdivision for Orchard Street Farms-Keith Scott Morton We amended the covenant at paragraph 4 to include the following additional language: "except there shall be no barns,sheds,or buildings erected or located in the"scenic area"as designated on the subdivision map prepared by John C. Ehlers, Yard Surveyor last dated July 26, 2006" Attached is a copy of that revised paragraph. Please confirm that this is acceptable. Charles R. Cuddy £his fax transmission together with materials following are intended for the person or persons named hereon and are considered confidential information. If you have received this transmission in error,you are directed to reform these materials immediately by regular mail to[ha.wnder at the above address. Postage tncurredfwthe rerarn will bepaid by lMis firm, s i 2'i 2 r,. 9.1't PAGE 132!P12 but a�ot limited to barns er=j 5i,eds, as reasonably necessary in connection with agricultural use and tlae maintenance of ho:s:s, sheep.beef or dairy cattle or similar livestock may be constructed, maimai ned or replaced by Declarant,except there shall be no barns.sheds, or buil dingerec :d or'located i the"scenic area"aR desienated on the ubdiv_ ision man nzenared by John C. hlers.I,andyun evor. Iasi dated July 26,2006. Commercial livestock operations involvi^g swine. poultry,mink,ratites, and other animals likely to produce highly offensive od(rs, sh:.li be prohibited. 5. The excavating or filling of the property, including but not limited to mining is prci;ubited, except as array be necessary to construct and maintain permitted structures and nprc.vements on tite property. The removal of topsoil, sand, or other materials shall not take place. 6. There shall be no dumping or accumulation of unsightly or offensive materials or the hlroperty including. bat not limitcd to trash,garbage or chemical waste. However this shall noe prevent the use of materials on the property in the normal course of sound agricultural. practices, including fertilization and composting. I The display Of signs, billboards, or adve-tisements is prohibited,except signs whose placement, number, and design do not significantly diminish the scenic character of the property and only for any of the.following puraoses: (a)to state the name and/or address of the property and the names and addresses of the occupants, (b)to temporarily advertise the property or any portion thereo F for sale or rent. (c) to post the property to control unauthorized entry or use,or fid)to announce Declarant's covenants. Signs shall not be more than six square feet in size,'-.e nen-illuminated and are subject to regulatory requirements of the Town. 8. The use of the property for any industrial Fulpose is prohibited. Uses related to agr cultural actio;;es as allowed by this declaration shall not be considered commercial uses for the purpose of this paragraph. G. The use of tb- propeM,as a leaching or sewage disposal field is prohibited, except to service tl:e permitted structures. The use o£the property for a drainage basin or sump is prohibited, except in accnrdarwe wi-,h sound agricultural management practices and in order to control flooding or soil erosior. on the property. S 0 The use of the acreage of this property for purposes of calculating lot yield on any other property-is prohibited. 11. In the evtnt the Property is no longer used for agricultural purposes then it shall re:n::in as oper space,undisturbed in its natural state. The Declarant,his successors and assigns Page 2 of 4 u-lIV! 'l ' c PAGE 9_!05 L If u CHARLES R.CUDDY Attorney at Law 445 Griffing Avenue Riverhead,New York 11901 Tel No.: (631)369-8200 Fax No.: (631)369-9080 Fax4: thon. Trey a Fax t x t#: 765-�136 TELECOPIER COVER SHEET total T lurtber of pages 5 including cover sheet. If trarsm.i?sion is faulty or incomplete, please inform us as soon as possible. Operator: Iwona Date: January .10,2007 Commenis; Re: Conservation Subdivision for Orchard Street Farms-Keith Scott Morton Attached is a proposed re :sed covenant for the hforton parcel in Orient. We have attempted to incorporate an applicable language from the Deed of Easement. I would like to review this with you on Friday with:the desire it would be reviewed by the Board next Tuesday. Charles R. Cuddy This fua transmission together with marartats following are intended for the person or persons named hereon and are considered conftdendal information. If you have received this tra nmission in error,you are alirected to return these materials tmmedfarelV$C regular mail to the sender at the above address. Pastage incurred for the return will be paid by this)Trmc i i AGRICULTURAL AND OPEN SPACE COVENANT THIS DECLARATION,made this day of 2007,by Christine A. Morton. residing,at 25 Ease 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT WITNESS TO: WHEREAS, the Declarant is the owner in,fee simple of certain real property situate at Orient, Town of Southold. County of Suffolk. State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described o:r the annexed Schedule A; and WHEREAS,the Declarant agrees that open space and agricultural soils and uses should be preserved, and. WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS,both Declarant and the Torun of Southold recognize the agricultural, scenic znd natural values of Declarant's property at Orient, in the Town of Southold, as hereinafter more particularly described,should be preserved for agricultural or open space purposes; NOW, THEREFORE,THIS DECLARATION WITNESSETH : 1, The Declarant agrees that the property labeled Conservation Area(Lot 1) as sIown on the map of"Orchard Street Farm"at Orient, Iasi dated July 19,2005.shall be protected and conserved in perpetuity pursuant to the provisions of the Declaration. Except where reference is made to the entire subdivision Lots 2 and 3 shall not be affected by this covenant. 2. The Conservation Area shall only be used or maintained solely for agricultural or open space purposes. 3. Agnc.iltural lrarpases shall mean the right to conduct farming, including the c Titivation of crops of all kinds including but not limited to all forms of horticulture,the pasturing,grazing. feeding and care of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including Page 1 of 4 n21 aai=cU PGaE X33;JF • but not limited to bcu-ns and sheds,as reasonably necessary-in connection with agricultural use and the maintenance of horses, sheep,beef or dairy cattle or similar livestock may be constructed. maintained or replaced by Declarant. However, commercial livestock operations -volving swine. poultry,mink,ratites, and other attimals likely to produce highly offensive odors, .hall bs prohibited. The excavating or filling of the property,including but not limited to mining is prohib`. ed,except as may be necessary to eon5t.-uct :end maintain permitted structures and improvements on the property. 77ie removal of topsoi'., sand, or other materials shall not take place. b. There shall be no dumping or ace'imulation of unsightly or offensive materials on the property including.but not limited to trash, i*arbage or chemical waste. However this shall not present the use ofmaterials on the propert, in the nomial course of sound agricultural practice::, including fertilization and composting. The display of signs,billboards. or ads,ertisements is prohibited, except signs whose phcetrtem, number, and design do not,,�Sniiicantly diminish the scenic character of the property and only for any of tke following pit-posts: (a?to state the name and/or address of the property and the ramex and addresses of the occupants.. (b)to temporarily advertise the property or any portion the,eof for sale or rent, (c)to cost the property to control unauthorized entry or use. or(d)to anruounce Declarant's covenants. Signs snail not he more than six square feet in size,be non-illuminated and are subject to roe latery requirements of the Town. S. the use ofthe property for any industrial purpose is prohibited. Uses related to agricultural activities as allowed by this declaration sbait n,,t be considered commercial uses for the ptrpose of this paragraph. a. Ilia use of the property as a leaching or sewage disposal field is prohibited, except io sarnice to permitted structures. The use of the property for a drainage basin or sump is prohibited, except in accordance with sound agricultural management practices and in order to conte •.' Hooding or soil erosion on the property. 10. The use of the acreage of ibis propert;, for purposes of calculating lot yield on any otaer property is prohibited. In the event the Property is no iouget used f.or, agricultural purposes then it shall tensa;;: open space, undisturbed in its ratural state. The Declarant.his successors and assigns shm.l h., t the right to remove diseased or dead trees, sluul-s o-other vegetation and replace Them. Page 2 4 4 i 2. The Town shal: have the right to inspect the Property and to enforce this C.7venant. HmNever, the aublic shall not bay, any right to eater upon the Property or enforce this Covenant. 13. In the event of any violation of dais Covenant, Town of Southold shall have the right to require Declarant to restore tie property to the ccaadition existing prio-to the claimed violation azid to enforce this right by any actica or procee Sing that Town of Southold may reasonably deem necessary. However, Declatant shall not be liable for any changes to the property resulting from causes beyond Declarant's control, including,without limitation, fire, food,statin, and earth movenreru, or from any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the property .esulting from sue], causes. la. The building envelope r:t Lot 1 is ezc.oded from this Covenant and a residence and customary residential accessory s;rructures may be constructed within that envelope. 1_ By this Covenant, suture residents oft to lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors norttally associated with agricultural activities, pursuant to article X1`CiI, Farm;ard 13111 of Rights, of the Southold Town Code 16. These covenants and restrictions shall tun with the land and shall be binding upon the Declarant; its successors and assigns,and upon all persons or entities claiming under them; and may be terminated, revoked or amended by the ovmer of the property only with the written consent of the Town granted by a majority plus one vote of-he Planning Board after a public hearing. 17. Declarant shall have the right to convey. mortgage or lease all of its remaining :merest in the pr"pertyv but only suh'eot to this roti enar d. is. If any section, subsection.paragraph,clause,phrase or provision of these cotenants and restrictions shall,by a Court of c(mpetertt jurisdicti it:. be adjudged �ilegal, unlawful, invalid or held to be unconstitutional, :he same shall not,Jtect the va.idity of these covenants as a whola or any other part or provision hereof other than the pan so adjudged to be illegal,unlaw=al, invalid, or unconstitutional. 14. The aforementioned Restrictive Covenants are intended for the benefit of at:d shall be enforceable by the Town of Southold. State of New York, by injunctive relief or by azty other remedy in equity o-at law. The ailure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the va idity of thi a cove;:ant nor to impose any liability Page 3 of 4 wl_atsoevcr upon the Town of SOutholL or any ot;lcer of employee thereof. 20. If any provision of this,Covenam or the application thereof t,any person or ; cu.mstance is found to be invalid, the:emair.der of the provisions of this Covenant and the applica`ion of such provisions to persons or c,rcarr,stanees other than those as to which it is bund to be in)alid shall -,.,.or be affected thet�by- '_'_ ,'here shall be no further sukdivision of any par of the property described in the annexed scheduie A. 2Y. Declarant shall record i1ns Covenan, in the tar d records of the off x of the Clerk of the Coanty or Suffolk, State of New York, 2 7ne within Covenant .s made st:biect to the pro.'isions of all laws required by law or by the -provisions to be incorporated herein: and made a par hereof, as though fully set forth. IN WITNESS WHEREOF, the Declara,tt al ove named i,as executed the foregoing Decl•uaticn the day and vear first abotie written. Christine A. P. crton ? OF NEW YORK.) ss'. COUNTY OF SUFFOLK) On the day of 2007, before me, the undersigned,personally appeared CHRISTINE .A. MORTON. personally knowm to me or proved to me c n the basis of satisfactory evidcncc to be the individual wltese name is subscribed .o the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument.the individual, or the person upon behalf of which the individual acted,executed Lae instrument. Notary Public Page 4 of 4 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FPI NG AV F.N UE RIVERHEAn,NEW YORK MailigAddress: TFL: (631)369-8200 Y.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 L-mail: eharles.cuddy(averizon.net November 20, 2006 Mr. Anthony Trezza ,' Southold Town Planning Department P.O. Box 1179 ` Southold, NY 11971 t c Re: Conservation Subdivision for Orchard Street Farms 9 ;: SCTM# 1000-25-4-11.8 n , Dear Mr. Trezzw In accordance with the resolution from the Planning Board granting,conditional.final approval•to the above subdivision, we are enclosing a certified copy of the Declaration of Covenants and Restrictions recorded with the Suffolk County Clerk on November 15, 2006, at Liber D00012478 page 755. Please make it part of your record. Also, please forward to us any additional language you wish to have incorporated in the Agricultural/Open Space Easement. Very truly yours, y Charles R. Caddy. CRC/ik Enclosures CHARLES R.CUDDY ATTORNEY AT LAW 4TSGRIFFINGAVE NI.T R1VF,RHFAD,NFW YORK TE I-: (631)369-8,1)0 1,.0.13". 1547 FAX: (631)369-90&) RIVerkead, NY 11901 E-mail: Aa ries.cuIlY(IFverizon.uct October 17, 2006 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Souihoid,NY i 197 i Re: Keith Scott Morton-Conservation Subdivision SCTM9 1000-25-4-11.8 Dear Mr. Trezza: Please confirm to me that you will schedule the final hearing for the above subdivision for your November meeting. Thank you. Very truly trulyyourrss, Charles R. Cuddy CRC/ik Enclosures r 4 F'HGE CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead,New York 1190) Tel No.: (63.1)369-S200 Fax No.: (631)369.9080 TO: Anthony Trezza I I r Fax 9 165-3136 TELECOPIER COVER SMELT -taI NLunbec of pages I inclLding cover sheet, If transmission is faulty or incomplete,please infc'rrr;us as 36011 as possible. Operator: Iwona Date: November 15,2006 Comments: Re: Conservation Subdivision for Orchard Street Farms-Keith Scott Morton Please forvard to me the proposed language fo.the av,iculturalfopen space easement so we may complete that covenant, record,it and have the map signed ChaAes R. Cuddy Yhts fax tran*fttsien together with materials follawing are intendedlar the person or persons named hereon and ere constdered conftdentiai information. Iryou have recen'ed this transmission in error,yt:a ate directed to rddurn these materiels immediately'by regular mall io the aenderat the above address. "Ovlage incurtea for the retain will be paid by this firm Y 71D f o r MAILING ADDRESS: PLANNING BOARD MEMBERS �pF S0 P.O. Box 1179 JERILYN B. WOODHOUSE � ��� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS co Town Hall Annex MARTIN H. SIDOR Q 54375 State Route 25 GEORGE D. SOLOMON JOSEPH L. TOWNSEND -7C�U (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2006 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.8 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, November 13, 2006, adopted the following resolutions: The public hearing was closed. WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where Lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, on June 1, 2005, the applicant submitted the LWRP Coastal Consistency Assessment Form; and WHEREAS, on July 20, 2005, the applicant submitted copies of a revised subdivision map based on comments and recommendations made by the Planning Board; and WHEREAS, on September 1, 2005, the applicant submitted copies of the draft Declaration of Covenants and Restrictions; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; and ?i(17f. b31ti'cP'90 F C01 31�"� l November 13, 2006 2025 King street Orient,N.Y. Planning Board Town of Southold Southold,N.Y. re: Orchard Street Farm 1000-25-411,$ Dear Planning board: I cannot attend tonight's public meeting on the subject Cluster Conservation Subdivision but have some comments which I trust you will consider. In talking to the Planning engineer this morning,I am told that the property is 2 acre zoning. The application is to create 2 one acre building lots,lot 2 and 3. In addition, 15.51 acres would be converted to a Agricultural classification which would preclude future building, similar to one selling or donating development rights. So, it seems that this 15 acres would have a Covenant or Deed restriction attached to it if the proposal is adopted.I folly support this plan if it is per my understanding. As a Board Member of Peconic Land Trust 1 support farmland preservation and I think;kris departure from the 2 acre zoning makes sense to the area. With assurances of a perpetual agricultural designation/easemcnt on the 15 acres I support the application. Thank you. Brian McCaffrey CHARLES R.CUDDY ATTORNEY AT LAW 445GRIPFING AVENUE R[VF,RHFAD,NEW YORK ��````ll Y'lailir� Addr�•°=: Tl;L: (631.)�y-810 P.O. Box 1547 FAX: (631)369-9080 Ri,, ,I.d, NY 11901 F-mail: cliarles.cuddy(w veri zon.net November 13, 2006 Jerilyn B. Woodhouse, Chairman of Southold Planning Board Southold Town P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCrM# 1000-25-4-11.8 Dear Ms. Woodhouse: We are enclosing the additional signed green return receipt cards for the above matter. Please make these part of your record. Very truly yours, Charles R. Cuddy CRC/ik Enclosures i SENDER: COMPLETE ■ Complete items 1,2,and 3.Also complete A Sig re I item 4 If Restricted Delivery is desired. X 0 A9aM ■ Print your name and address on the reverse ressee so that we can return the Card to you. B. Received Printed ) t of ivery ■ Attach this card to the back of the mailpieCe, 6 1)4 or on the front If space permits. D. Is delivery address d' m itern 1? ee 1. AdiLMdressed to: If YES,enter deli e y address below: ❑No E th Thompson C. Fahs cer Street, Ste 806B N ork, NY 10012 3. Type ifiad Mali ❑Express Mail ❑Registered I Retum Receipt for Memhandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(mss Fee) 0 Yes 2. Article Number 7005 1820 0000 6004 1965 (Ransler horn service iebe0 PS Form 3811,August 2001 Domestic Return Receipt 102595-02 k1640 SENDER: COMPLETE THIS SECTION i COMPLETE THIS SECI-'-iv DELIVERY ■ Complete items 1,2,and 3.Also complete A Sign .item 4 If Restricted Delivery is desired. herd ■ X Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received ( ntedName) . Date of Delivery ■ Attach this card to the back of the maiipiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No &eith..Scott Morton 25 E 86th Street, Apt. 12G New York, NY 10028 3. ServiceType HT;erwed Mail ❑Express Mail 0 Registered ASFRstum Receipt for Merchandise ❑insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes z. Article N , ansfer tuber s 7005 1820 0000 6003 9962 (rtmri�erparieirlcela4M1 PS Forth 3811,Aught 2001 Domestic Return Receipt 1025ss02-M-1540 • 3 SECTIONON DELIVERY II ■ Complete items 1,2,and 3.Also complete A Sig at item 4 if Restricted Delivery is desired. 13Agent ■ Print you0,�rame and address on the reverse X 0 Addresses so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ^ LI or on the front if space permits. /�'-1 c•t.� /� !�1 ti v�_✓ // ' 1. Article Addressed to: D. Is delivery address diiferent from item 17 0 Yes If YES,enter delivery address below: 0190 Janet Harter 9423 Farmingdale Ave. Walkersville. MD 21793 3. ,S]e(rvice Type p Certifled Mail 0 Express Mail 0 Registered IR Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery.+(Extra Fee) 0 Yes 2. (TWswiromkle 7005 1820 0000 6003 9917 (fianslar rrom service�1 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M1540 I SENDER: COMPLETE THIS SECTION -ION r ON DELIVERY ■ Complete items 1,2,and 3.Also complete A re Item 4 If Restricted Delivery is desired. 0 Agent ■ Prim X your name and address on the reverse 0 Addressee so that we can return the card to you. s. ved by(Printed a) C. Datgyf Fas 111- Delivery ■ Attach this card to the back of the mailpiece, Y � or on the front if space permits. D. Is delivery address ddferent from item/1 0 Yes 1. Article Addressed to: If YES,enter delivery address below. 0 No Ruth A. Foster PO Box 124 Orient, NY 11957 3. Service Type OCedifed Mall 0 Express Mail 0 Registered P'Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes z. Article Number 7005 182B 0000 f 6004 1958 msterfrom service hby. Ps Form 3811,August 2001 Domestic Return Receipt 10259502401-1540 State of New York, Suffolk County Tax Map Number 1000-113-7-1.1. 6:05 p.m. Proposed standard subdivi- sion for Old Orchard at Cutchogue,lo- eated on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue. Town of Southold, County of Suffolk, State of New York. Suffolk Ccmnty Tax Map Number 1000-109-6-9.1. 6:10 p.m.Proposed amended site plan for North Fork Custom Audio Video,lo- cated on the n/s/o New York State Road 25 approximately 4,755' c/o Aldrich Lane in Mettituck, Town of Southold. County of Suffolk, State of New York. Suffolk County Tax Map Number I000- 125-1-19-7. 6:15 p.m. Proposed lot line change for Richard &Susan Ward,located on the s/s/o Old North Road,approximately 4,380 feet w/o North Road in Southold. Town of Southold, County of Suffolk. Stale of New York. Suffolk County Tax Map Numbers 1000-55-2-52&5.3. 6:20 p.m. Proposed standard s'ubdi- Ivision for Southview Preserve, located on the s/s/o Main Bavview Road, ap- proximately 900' e/o Cedar Drive in Southold, Town of Southold, County of Suffolk.State of New York. Suffolk County Tax Map Numbers 87-5-21.4,87- 5-21.7-21.10. 625 p.m. Proposed conservation sub- division for Orchard Street Farm,located on the rew corner of King Street and Old Farm Road and the s/s/o Orchard Street LEGAL NOTICE in Orient, Town of Southold, County Notice of Public Hearing of Suffolk,Slate of New York. Suffolk NOTICE IS HEREBY GIVEN that, County Tax Map Number 25.4-11.8. pursuant to Section 276 of the Town 6:30 p.m. Proposed amended site Law and Article XXV of the Code of the plan for Cutchogue/New Suffolk Free Town of Southold,a public hearing will Library,located on the s/e corner of New be held by the Southold Town Planning York State Route 25 and Case's Lane in Board, at the Town Hall, Main Road, Cutchogue,Town of Southold, County Southold,New York on the 13th day of of Suffolk,State of New York. Suffolk November,2006 on the question of the County Tax Map Number 109-6r2.2. following: Dated: 10/31/06 6:00 p.m. Proposed standard subdi- BY ORDER OF THE SOUTHOLD vision for Bennett Brokaw,located on TOWN PLANNING BOARD the s/s/o Bergen Avenue approximately Jerilyn B.Woodhouse 1,299'w/o Cox Neck Road in Mattituck, Chairperson Town of Southold, County of Suffolk, 8089-1T 11/2 CHARLES R.CUDDY ATTORNEY ATLAW 445 GRIFFING AV E NL'E RIVF;RHFAD,NE\V YORK Mail;n Address: T E L: (631)369-8200 P.O. Box 1547 FAX: (631)369-90&) Riverliead, NY 11901 E-mail: clmrles.cuddy(a,verixon.net November 9, 2006 Jerilyn B. Woodhouse, Chairman of Southold Planning Board Southold Town P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Ms. Woodhouse: Enclosed please find an Affidavit of Posting together with the certified mailing receipts and signed green return receipt cards for the above matter. Please make these part of your record. Very truly yours, Charles R. Cuddy CRC/ik Enclosures - "" AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Conservation Subdivision of Orchard Street Farms by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on November 5, 2006 1 have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on November 3. 2006 Charles R. Cuddy Your Name (print) Signature 455 Griffing Avenue, Riverhead, NY 11901 Address November 9, 2006 t Date Notary public- IWONA KODYM Notary Public, State of New York No. 01 KO6088386 Qualified in Suffolk County Commission Expires March 8, 2009 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Thurs., 11/9/06 Re: Proposed Subdivision of Orchard Street Farm S CT M#: 1000-25-4-11.8 Date of Hearing: Monday, November 13, 2006, 6:25 p.m. U.S. Postal Service,,, n ry aCERTIFIED MAILT,, RECEIPT Er (Domestic Mail Only;No insurance Coverage Provided) p Postage $ $0.39 0901 MCertified Fee $2.40 18 pO Return Receipt Fee _ k (Entlorsement Required) $1.85 p Restricted Delivery Fee rU (Endorsement Requiretl) $0.00 CD r 9 Total Postage&Fees $ $4.64 11/03/2006 Ln C3 Sent To • p 77�r -t . -Sehor ---a e� nd---Sara3 --H-:--- cirorer------ ry Stra.� �; - arPO Boa'No. 1050 .King.-S t.---,..-, Ciry,Stare,Z/Wd .........................._____ Orient Postal ServiceT. CERTIFIED MAILT� RECEIPTr0 (Domestic Mail only; ir No Insurance Coverage provided) • M op7R.tu� *Y 19SS o * ----_. Postage $ 30.39 0901 O Mfied Fee 32.40 18 E3 .m,Fee R]atmerg (Endorsement Requiretl) $1.85 Here p Restricted Delivery Fee rU (Endorsement Required) $0.00 rR Total Postage&Fees $ $4.64 11/03/2006 +) p Serif To p Susan- J. Moisa and Eugene H. Moisa ry Saaa - - Aptf.No.:. ............. or POBox No. 650 Orchard Street C7ty,State,Z/P4...................................... Orient NY 11957 r PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk 4 -T G. Strang Posting affidavit & return receipts re Romanelli SP C3S R. Principi Health Dept. submission re Cutchogue Business Ctr. SS �pj M.Hand/M.Schwartz revised map re ELI Kampground 40-3-55 r Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions MA 8/22 Southampton TB Resolutions r�lTr Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 �S 9/7 Notice of Disapproval re 122-3-7 pe> FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file — Ruth Love Tidy Car 55-5-2.2 L '6- J. Condon Blue Water Seafood 122-3-6 CV-- Requests LRequests for Information: none Postal CERTIFIED MAIL. RECEIPT(Domestic Mail Only,No Instenence coverage Provided) 0i1..Y* iQP1 0 ..D Postage4901 0 Certified Fee16 Postmark 0 Return ReceiptFeeHere � (Endorsement Required) O Restricted Delivery Feerar�i' '3 rU (Endorsement Required) `l p. Total Postage&Fees $1 117037"006 lLnEj • tizabeth Thompson and Marianne C: . mPOEFah-- f� Sfiee( cx No.250 Mercer St. , Ste 806B--- Ciry,State,ZlP+a New York NY 10012 m i0iin Ln o- .. a r � • o L 4�iNr,►w 1199 :` Postage $ $0.39 0%1 :. . O 0 Certified Fee C3 $2.40 18 O Return Receipt Fee (Endorsement Required) Postal O _ $1.8 j Have fl.l nesmmeo Delivery Fee (Entlorsement Requirad) $0.00 r-9 Ln Total Postage&Fees $4.643 117o3i'zoo6 OLRu_t_hA 0 ._ Foster M1o.: ....................... ..... ........ls� BOX 124 ' ' _._.._..._._. _ Orient NY 11957 PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk 4 T G. Strang Posting affidavit & return receipts re Romanelli SP C3g R. Principi Health Dept. submission re Cutchogue Business Ctr. jgS �fl 5— M.Hand/M.Schwartz revised map re ELI Kampground 40-3-5�5 pF� i Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions MA 8/22 Southampton TB Resolutions tAT— Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 P-S 9/7 Notice of Disapproval re 122-3-7 pe) CiS 1 Pry FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file �— Ruth Love Tidy Car 55-5-2.2 LP- J. Condon Blue Water Seafood 122-3-6 UL.. Requests for Information: none U.S. Postal Service,. CERTIFIED MAILT, RECEIPT �13 (Domestic Mail Er Oniv;AID Insurance coverage Pro m C:1 OVi Postage $ $0.39 0901 O 0 CamredFee $2.40 19 O Return Receipt Fee Posimalt. (Endorsement Required) $1.85 Here Restricted Delivery Fee N (Endorsement Required) $0.00 0 ra Total Postage s Fees $ $4.64 71/0310 2008' U O 6 enf TO • o Gary L. Tabor and Maureen E. Tabor r' siC'yeer,A: toci Tlo::......................----- .....] orPOBoxNo.P.O. Box 659 Orient NY 11957 Postal D- CERTIFIED MAIL,, RECEIPT (Domesticrr • 97 ° Postage s $0.39 0901 Certified Fee $2.40 18 Return Receipt Fee Postmark Raqu�;adi $1.85.' .i .' Ijpre O Restricted!Delivery Fee nL (Endorsement Required) $0.00 do r q Total Postage s Fees $ $4-64 11/03/2006 un p Sent To o Robert 0. Brenner and Agnes Brenner M1 Sfreei,Apt:No.:...................... . ..... --------------------------------- or PO Bax No. P4.. ox...1.33_-.. City.State,ZIP+4 ............. PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk 4 T G. Strang Posting affidavit & return receipts re Romanelli SP PSS R. Principi Health Dept. submission re Cutchogue Business Ctr. IgS '1=1 M.Hand/M.Schwartz revised map re ELI Kampground 40-3-5�5 pF� i Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions M1 8/22 Southampton TB Resolutions r tT Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 9/7 Notice of Disapproval re 122-3-7 pa SSS Fly FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file �- Ruth Love Tidy Car 55-5-2.2 L.(2 J. Condon Blue Water Seafood 122-3-6 UL Requests for Information: none U.S. Postal Service,,, rm CERTIFIED MAILT. RECEIPT D �o (Domestic Mail Only;No Insurance Coverage Provided) Ir M ow Sy Postage $ $0.39 0901 Certified Fee $2.40 W-' ---- Postmark 1-3 Return Receipt $1Here r a Fee (Endorsement q 1 .85 EJ Restricted Delivery Fee rU (Endorsement Required) co 'a Total Postage&Fees $ $4.64 11/03/2006 • Lr) [:3 �Sent TO m -------------- ------ 17� -%HQM- " - BOX Ill o,poamNo. P.O. B7 -------------------------------- - -- ---------------------- Orient N- 11957 PS For.3800.June 2002 See Rcve,..to,Instructions U.S. Postal Service,. CERTIFIED MAILT. RECEIPT M Ir ar (Domestic man only;No insurance coverage Provided) • rin 7w 1:3 0901 -0 postage $ .39 M $2.40 C3 Dandified Fee 'a C3 P,Fee POMlmerk M Return Receipt Fee $1.85 Here Return (Endorsement Required) r Restricted Delivery Fee $0.00 (Endorsement Required)I -0 $4.64 rq Total Postage&Fees LC:: 11/03/2W6 Ln C3 Fnf To ey i [:3 0 Jr. an Kie Re�ev Robert C. Reeves......I...........�.In!�j-�t ........... ------------- 4 at,Apt:"N%.7------ OrPOB.XNO. ------------------------ y ce a -Z-1-P-++--4--- Orinet, NY 11957 PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk4 T G. Strang Posting affidavit & return receipts re Romanelli SP C3S R. Principi Health Dept. submission re Cutchogue Business Ctr. ( S _j=� M.Hand/M.Schwartz revised map re ELI Kampground 40-3-5�5 r Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions 8/22 Southampton TB Resolutions r-lT- Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 RS 9/7 Notice of Disapproval re 122-3-7 pe) ,cis , PK-- FOIL r-rFOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file �— Ruth Love Tidy Car 55-5-2.2 L(z J. Condon Blue Water Seafood 122-3-6 CV-- Requests LRequests for Information: none U.S. Postal Service.,, 0 C3 (Domestic Mail Only, No Insurance kCERTIFIED MAIL,. RECEIPTCoverage ru C3 R ri a `D Postage $ 1*e•39 0901 C3 Certified Fee $2,40 i8 O Postmark p Return Receipt Fee f1 Here (Endorsement Required) ORestricted Delivery Fee N (Endorsement Required) $0•0 -0 r=1 Total Postage&Fees $ $4.64 11/03/2006 Ln O Sent To c3 George G. Schiller an_d Deborah Wible • r— Sheet,APG No.; orPOB=Nc.7107 72nd Street Clty,§foie,ZiPa4 PS For.3800,June 2002 See Reverse for Iretruti.res r ' • 0' 1:3 t#,1028 C3 3Postage $ 40'39 09D1 Certified Fee $2.40 18 postmark O Rere co Return Recelpr Fee 41.85 (Endorsement Required) ._� C7 Restricted Delivery Fee $0.00 rij (Endorsement Required) cc $ 44.64 11103/2006 Total Postage&Fees 0 Sent To Pasqua A. Gemma and Penelope Gemma Paso ---- ....... - --- ------------- r- ---t $A r- Sfreef-APC No.i - .-.-.-.-' . .............. or Po Box No, 40 E 88th Street, P cfy,slaie;ziP+"aNew York, NY 10128 PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk 4 T G. Strang Posting affidavit & return receipts re Romanelli SP PSS R. Principi Health Dept. submission re Cutchogue Business Ctr. IRS i{' M.Hand/M.Schwartz revised map re ELI Kampground 40-3-5�5 E<� i Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions c- A 8/22 Southampton TB Resolutions t A r Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 P- S 9/7 Notice of Disapproval re 122-3-7 pe) JAS 1 Pry FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file �— Ruth Love Tidy Car 55-5-2.2 L (� J. Condon Blue Water Seafood 122-3-6 CV-- Requests LRequests for Information: none U.S. Postal Serlill ru , CERTIFIED MAIL. RECEIPT Er' (Domestic mail Only;No Insurance coverage Provided) D' (_ 0 Postage s} $0.39 p p Certified Fee $2.40 O f P p RReceipt Fee (Endorsement (Entloement Requiretl) $1.85 H pRestricted Delivery Fee rU (Endorsement Required) Total Postage&Fees $ DT li7Dsr J penr T° E3 eith Scott Morton M1 sheet,- -----""'---""--""'----'—"-- Be. Apr.No.: or P25__E, 86th Street, A t. 12G pry.Stare:zIPaG . '—..'..'..'.'...'......'�......'.'--.....'..'....'. rk NY 10028 Postal Ln CERTIFIEMAIL. RECEIPT DD , Coverage • Ir M p 0MOKAY+11966' C3 Postage $ $0.3909901 p Certified Fee $2.40 18 O Postmark �y C3 Return Receipt ree O (Entlorsement Requiretl) $1.85 9a.hJf1� O ResMctetl Delivery Fee rJ (Endorsement Required) $0.00 CC) win e rR Total Postage&Fees $ $4.64 11!03/2006 u1 M Sent T° p Joseph Far noli and Matthew DalX .... f street,APt.N°.; or Po e°,N1778 Gildersleeve-_St._-_,-...---_--._.._..-. Ciry,State,ZIP+4 M. PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk 4 T G. Strang Posting affidavit & return receipts re Romanelli SP PSS R. Principi Health Dept. submission re Cutchogue Business Ctr. j3 M.Hand/M.Schwartz revised map re ELI Kampground 40-3-5�5 R� r Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions M"t 8/22 Southampton TB Resolutions tA- r Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 �S 9/7 Notice of Disapproval re 122-3-7 FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file 0 Ruth Love Tidy Car 55-5-2.2 LIZ J. Condon Blue Water Seafood 122-3-6 CV— Requests for Information: none Postal N CERTIFIED MAIL,,,, RECEIPT D (Domestic D" m C3 �y o L-0 Postage o11 Postage $ 0 M Certified Fee O Postmark M Return Receipt Fee j,�yyqc Here (Endorsement Required) A49 ':3 Restricted Delivery Fee 0:00 � pppp N (Endorsement Required) :00 r3 Total Postage&Fees $ WA Ll O sent To • Robert W. Sorenson and Rachel D. Sorens smear,Apr.Novi"'-""'- or PO Box No. PsQx..BQ7S...253..... .. P+4 Orient, NY 11957 CrFg�2�. mORIQf W 119 " 1 O .� Postage $ $0.39-. 0901 Certified Fee $2.40 1g Postmark O 1. Here Retum Receip[Fae $1.� (Endorsement Required) 0 Restricted Delivery Fee $0.00 N (Endorsement Regmred) - m $4.64 11/03/2006 rq Total Postage&Fees C Ln 0 Sent To 0 ohn H. Tuthill and Martha Tuthil .-.-.- �" o,pO,Apt:Nd i-- -------- orPO Box NoP...,._Box--538.............................................. City,Sizte,ZlPa4 ai it PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk A- T G. Strang Posting affidavit & return receipts re Romanelli SP PSS R. Principi Health Dept. submission re Cutchogue Business Ctr. (3 M.Hand/M.Schwartz revised map re ELI Kampground 40-3-55 p��= Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions M� 8/22 Southampton TB Resolutions r-lT-- Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 �S 9/7 Notice of Disapproval re 122-3-7 pe) FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file Cy, Ruth Love Tidy Car 55-5-2.2 LR- J. Condon Blue Water Seafood 122-3-6 GiL Requests for Information: none p p CERTIFIED MAILT. RECEIPT Or (Domestic a-- 19 m E3 *64T $ p Postage $ $0.39 0901 p ' p Certified Fee $2.44 18 p Postmark M Return Reeefpt Fee Here (Endorsement Required) $1.85 p Restricted Delivery Fee M (Endorsement Required) $0.00 CD Total Postage 8 Fees $ $4.64 11703/2006 • Ln M Sent To M Anthony Jenkins and Jayne H. hi am h - - --------------- - - - Sfreet,APC%7o.; o.Po enr No. 530 Orchard Street - - -------------------------------- -----------......------------ Ciry,State,Z/P+4 nf. NY 1191,7 Postal rCERTIFIED MAILT. RECEIPT v (Domestic M • o W(KIEWL0 It 23191 p n Postage $ $0.39 0901 pCertified Fee $2.40 18 M Postmark O M Return Receipt Fee $1 Hero (Endorsement Required) p Hesmoted Oeiivery Fee IU (Endorsement Required) W '-9 Total Postage a,Fees $ $4.64 11/0371406 Ill C3 Seor To ED s� T arter---------------------------------------------------------- 171- .' orroeo,No. 9423 Farmingdale Ave. ------- CiN,$fete,ZiP+4_- - - - - ------------------ Walkersville MID 21793 PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk . -V G. Strang Posting affidavit & return receipts re Romanelli SP 43S R. Principi Health Dept. submission re Cutchogue Business Ctr. eS M.Hand/M.Schwartz revised map re ELI Kampground 40-3-5�2s NN-- Inter-Office: FN=Inter-Office: B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions M1 8/22 Southampton TB Resolutions Mr Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 PSS 9/7 Notice of Disapproval re 122-3-7 FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file C-V._ Ruth Love Tidy Car 55-5-2.2 1-0- J. Condon Blue Water Seafood 122-3-6 CV-- Requests C - Requests for Information: none Ignatul 0 Agent ■ Complete s 1,2,and 3.Also complete [3 Addresses liern 4 If I= Restricted Delivery is desired- X m Print your name and address on the reverse B. 8 - ad by(Printed Name) C. Date of Delive ri so that we can return the card to You. mw Attach this card to the back of the mailplece, address d from it ? [3 Yes .0 or on the front if space permits. D. is delivery [I No If YES,order delivery address below 1. Article Addressed to: rn C3 James A. CIOUS C3 $0.39 -0 Postage $ 0901 Nancy ClOus r_3 Cerified Fee $2.40 19 postmark 4 Woodstone Ct. NY 11746 0 Has Hunt;Ugtou Station, C3 Return Receipt Fee 91.85 J 3. Service Type r3 Express Mail C3 (Endorsement Requited) trCenlred Mali hand! C3 Restricted Delivery Fee $0.00 1_-]Registered pt-Return Recelpt for Mere ru Endorsement Required) [3 Insured Mail [3 C.O.D. dO $' 0 Yes -q Total Postage&Fees $ 4. ❑ Restricted Delivery?Pere Fe") U`1 T ---------- —————————————— Sent 0 ----- �003 9887 R Turrle�L ----------- 2. Article Number 1820 0000 0 obert ---------------- (inaneW from servIcs A"D ?005 -A-P,t-.,N-,o.......... ------ ..... 102595-02-M-1540 a 0� r PO Box No. P.0 Domestic Return X_ 3.5 9-------------------------- m Receipt Y. em ZlF;F I y 11957 PS Form 3811,August 200 6r --ent NY IS SECTION ON DELIVERY SENDER: COMPLETE THIS SEC ,',,, , millillilljllll!lllllilljllllllllllllllllllillillillillilI 11111'1" I • Compete items 1,2,and 3.Also complete k ign 0 Agent item 4 If Restricted Delivery is desired. 44_ • Print your name and address on the reverse 4LAddressee rn cl so that we can return the Card to YOU. . Date of Delivery $0.39 0901 • Attach this card to the back of the mallplece, M3r4orri), cC1 I.7-0 (0 Postage $ or on the front If space permits. D.-Is delivery add diffemerdl from hem i? 0 yes C,mfied Fee $2.40 19 postmark C3 i. Article Addressed to: if YES,enter delivery address balm: E3 No Rem C3 C3 Sanynt RaRsIqP.1 Fee $1.85 Robert H. Turner (Endorsement !,ad) C3 Restricted!Delivery e P.O. Box 359 rLl (E(EndorsementRequireFed) Orient, NY 11957 -0 L$ $4.14 11/03/2006 rq Total Postage&Fees 3. Service Type dClous 0 0 1JO Glirtilied Mail 0 Express Mail 0 anmT e s A C OUS -N C3 Registered 1�Return Recelpt for Merchandise 17� _at Apt No ----S- t�P!je -- ---- 0 Insured Mail 0 C.O.D. 0 yes or Po eo.�. _C NY 117 46 4. Restricted Delivery?Prim Foe) C, Store zip_ j_ t atl 011, 1junt n to S 2. Article Number7005 1820 0000 6003 9832 (irransior from service law PS Form 3811,August 2001 Domestic Return Receipt 10259502-M-1540 PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr & checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk 4 T G. Strang Posting affidavit & return receipts re Romanelli SP (3g R. Principi Health Dept. submission re Cutchogue Business Ctr. IRS �(:j 5— M.Hand/M.Schwartz revised map re ELI Kampground 40-3-5�5 PFS Inter-Office: / B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions M'1 8/22 Southampton TB Resolutions rlTr Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 ESS 9/7 Notice of Disapproval re 122-3-7 Pd ,RS FOIL Requests: P. Caminiti 38-9-1.2 Subdiv. file 'A— Ruth Love Tidy Car 55-5-2.2 L P- J. Condon Blue Water Seafood 122-3-6 CV-- Requests V- - Requests for Information none COMPLETE THIS SECTION ON DELIVERY A s; tore . E3 Agent Complete items 1,2,and 3.Also complete X _ Y"" , 0 Addressee • . item 4 if Restricted Delivery is desired. Ir , ■ Print your name and address on the reverse Ives by(Printed ygne m ) C. Date of Delivery � so that we can return the card to you. p B/��F�e r �t f rn •• • ■ Attach this card to the back of the mail iece, / i or or on the front if space permits- . Is delivery address different from item 1 f ❑Yes > If YES,enter delivery address below: [I No 4 oQK . . � - - 1. Article Addressed to: E3 — Robert P. Alller -11Postage $ $0.39 0901 o Barnett Weinstein C3 carolled Fee $2.40 19' „o,tme,k 131 Adam Road Return Receipt Fee Her" Massapequa, NY 11758 3. 0 (Endorsement Required) $1.B5 _ Service Type O Restricted Delivery Fee 0 Certified Mail C7 Express Maii N (Endorsement Required) $0.00 0 Registered Cjl-Return Receipt for Merch Ise `a 11/03/2006 ❑Insured Mail ❑r.On. Total Postage s Fees $ $4.64_ o Extra Fee) ❑Yes e _ _ 4. Restricted Delivery. u-I C31 Sent To . ..I J-.Wright and--Claize. A_ Wright_ { 2. AdicieNumber 7005 18 -__-- p��.Igrrt 2D 0000 6004 1934 0 r reQt pp;7 . ' -� '�~---' 102595-02-M-1540 r (transfer from service label _-_._ — �_. - or PO Box No -- -"'-' - 1d--N.3Vy--�U3=2t - Domestic Return Receipt fcity, 'stere,ziP4 PS Form 3811,August 2001 Orient, NY 11957 Postal FIGNONDELIVERY COMPLETE A. Sign r1l 2,and 3.Also complete Agent D- •• • • ' ■ Complete items 1, Is desired. X 0 Addressee item 4 if Restricted Delivery ' Print your name and address on the reverse C. Date of Delivery • ) so that we can return the card to You. B. Race' (Printed Nam � �.^ � o ■ Attach this card to the back of the mailpiece, n Postage s $0.39 0901 or on the front if space Perm its• D. Is delivery address digerant from Hem 11 13Yes 1. Article Addressed to: If YFS,enter delivery address below: No o Certified Fee $2.40 is Po 0 slie nrk Return Receipt Fee Here Edward J. Wright E3 (Endorsement Required) $1.85 Claire A. Wright E3 Restricted Delivery Fee ,y�i N (Endorsement Required) $0.00 510 Navy Street p J Orient, Ny 11957 3• Service TYPO $ $4.64 11/03/2006 Certified Mail ❑F-><Press Mag ,nC3 Set To ... 0 Registered IRetum Receipt for Merchandise 0 Obert P. Aller and Barnett Weinstein [3 insured Mail ❑C.O.D. l� EYieeG Ad(. . 4. Restricted Delivery4(Extra Fee) ❑Yes orPO box No.----�3-1..Ad2m--%DSd......._..-------------------------- cily,sra nP«4 610-3 9849 Massapequa, NY 11758 2. Artide Number 7105 1820 0000 :,, see Reverse . r. (transfer from servke label 102595-02-M-1640 PS Form 3811,August 2001 Domestic Return Receipt PLANNING BOARD MAIL LOG Friday, September 8, 2006 Sender Document Pat Moore Sandy Ground lot line change map 3-4-3 (AT) Updated map re Ghassemi 31-1-1.2 (AT) C. Cuddy Posting affidavit & return receipts re Flower Hill (AT) 9/7 Itr& checks re Flower Hill 69-3-10.1 (AT) I. Stulsky Posting affidavit & return receipts re Pawluczyk A-T G. Strang Posting affidavit & return receipts re Romanelli SP (3g R. Principi Health Dept. submission re Cutchogue Business Ctr. (3S M.Hand/M.Schwartz revised map re ELI Kampground 40-3-525 pF� Inter-Office: / B. Semon 9/7 memo re Cingular/MGH SP 15-9-8 (MT) Town Clerk 8/15 Riverhead TB Resolutions M1 8/22 Southampton TB Resolutions fA T— Building Dept. 9/7 SPUD re Sherwood House 100-4-5.4 RS 9/7 Notice of Disapproval re 122-3-7 FOIL Requests P. Caminiti 38-9-1.2 Subdiv. file (A-- Ruth Love Tidy Car 55-5-2.2 LP- J. Condon Blue Water Seafood 122-3-6 C V-- Requests for Information none CERTIFIED MAIL C)H ARLES R.CUDDY S oncrOCE A'r'tOR_VEY nT Lawr RIVERHDa D.NY 44ru GRIFFING-AVENUE NOV 03.'06 E O. BOX 1547 U.S. Postal serv"imcel R1 'R11E_ 1Le 1001 CERTIFIED MAILT� RECEIPT 7005 1822 0000 6223 9870 (Domestic Mail Only;No Insurance Coverage Provided) Edward Healy, .)r. Er Christine Christine Healy m � ' 29 Elmore Ave. a �1�' �� � � � �� *140t&ft Postage s 50.34`�±�t- Ra_tJ[�W�' � p 0901 a,LQV L-STED d p Certitietl Fee {Z 18 {C p Postmark Po+ - p Retum Receipt Fee / (Entlorsement R4utiretl) $1,85 Here 'f M Reamotetl Delivery Fee 3 •')t /, RI (Entlorsement Regeiretl) $,0 f N M , rn Total Postage&Fees $ S4,64 1103/• 006 ✓� \� Ln (�j yR p nl7a f t O o Edward Healy, and._Christine__I�e_�],y.. LFB.- i_ No. ...NoS..$1]1tQr�AYP .. ...... .... .te, ._.... 3 ` Verrick, NY 11566 r I ■ Complete Rams 1,2,and&Also complete A. SWedure - item 4 If Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑ so that we canretum the card to you. Is Attach this card-to the back of the mailplece, B. Received by(printed Name) c. pate ojpeliven, or on the from If apace permits. 1. Article Addressed to- D. Is dell e y address Merent fpm item 11 0 res U YES,gdd enter delivery aress below: ❑No Eduard Healy, Jr. Christine, Healy ; 29 Elinore Ave. Merrick, NY 11566 I 3. Type iES CerWied Meal ❑Express Mail ❑Registered i'Retum Receipt for Merchandise ❑Inswed Mail ❑C.O.D. 4. Restricted DdNery Orba Fee) ❑Yes 2. Article Number (ftenNerfpmawykefew 7005 1820 0000 6003 9870 PS Form 3811,August 2001 Domestic Return Receipt 10259502-W1540 ' e a I MAILING ADDRESS: PLANNING BOARD MEMBEO OF soarL' Y.O. Box 1179 JERILYN B. WOODHOUSE �QV,� 'l�lO Southold, NY 11971 Chair .f. * OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON �O • ,� (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND �'�coornv Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 31 , 2006 Mr. Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Conservation Subdivision of Orchard Street Farms SCTM#1000-25-4-11 .8 Dear Mr. Cuddy: The final public hearing regarding the maps for the above-referenced conservation subdivision has been scheduled for Monday, November 13, 2006, at 6:25 p.m. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Thursday, November 9, 2006. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Sincere) , Anthony P. Trezza Senior Planner Encs. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-25-4-11.8; 3. That the property which is the subject of this application is located in the Residential Low Density District R-80 Zone; 4. That this proposal is for a Cluster Conservation Subdivision of a 15.51-acre parcel into 3 lots where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1 .007 acres. The property is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street 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. (2nd FI., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday. November 13, 2006 at 6:25 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Keith Scott Morton/Orchard Street Farm Date: 10/31/06 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Thurs., 11/9/06 Re: Proposed Subdivision of Orchard Street Farm SCTM#: 1000-25-4-11.8 Date of Hearing: Monday, November 13, 2006, 6:25 p.m. ORCHARD STREET FARM SUBDIVISION • 1000 -25 =4 - 11 . 8 Proposal is for a Cluster Conservation Subdivision of a 15.51 -acre parcel into 3 lots where lot 1 equals 13.499 acres, Lot 2 equals 1 .006 acres and Lot 3 equals 1 .007 acres in the R-80 Zone. MONDAY, NOVEMBER 13 , 2006 - 6 : 25 P . M . - a 2VI6 W5 F- 16'0]-9 g� 205-9e 09 99 00 6 26 SO H 6 26-0 w 1601 J-299 02 " 10,18 5 s se 1.041[1 D ie•ao y/ 2 17 03 1-21-0 00-19-0 o 9.10_ ZZJJCC s rs f- a 4.15 10 su a. a T$ 11 T T T 20 20 - 22 I(�• 7 $ A P —� 2 u � u . ].]A : 1.2 Ivo v vx � X ...s Q / s „ e \ B 10 2012 t a i - x +- 1 1� "ATE Si. I9 ., ._.a .,..»ro:a._...w.._..«...,..�. R.� «... ,_.. ,iz a 1L1 '12.1 v '1-N4 � 1 5 92 ,.A 3a . a � 0 3 3_ , zs WE,ucnmu'si z = zals RCNARD ��.�,... 7,a. t 2" EGISCWAL C v l6� _ M.FM 1 1 s a > _% = • _ �— . . _-.._ r ..�.., Tl2 L., 1. 2 04 Ell v \f \\ 4 a m —L l50} � 2., 4A L<A_ O 4 \I / .F ��- - 1 FLE7CN --� z ST I - poy 1.1A1.5A 0 i / - W V 1.94 1.5A 999999 ORES n o=i�a4 No z6- -nos C 1 LILI M0.' — . E Y _ �21� frt4l£r. C n, , �. - SEE sEr ao az6F— � Ial SOUTHOLD SECT�oN NO Q COUNTY E F i r L �� R n perfyDTaz Service eKAgen�y L.6[ 025 _ .. _ NI eal Pro '� '" ` l P Center TaxR�yeSe N - - - slaci s ] FR,PEPIr II AP tuns • R66 11111 L. oi-IT 11 ., oP o4-oa j m IC-o 1 16° 0 90'00 a SEF Yc x].ozs e 01 21-01 n_csoc - s @ 5 „y '< B MATCH ` 1 ° or 22-a-. 4 _ — -_ fir[ p. a uercx zLINE 12-n-OJ rs 1 R ._, 1.3e 5 06-22-Et ,,. _ - OE- 9-09 j 3 FOR PCL.NO. L34 .• ( o. l4Y 6 v s. SEE SEC.IN. 3 125-0. Y� 1� 1 ? 1.44 \ qp S ozs-as-on.a 4 EI q 1Z3 12.2 „ 'ANP� i 125 (� �•• ]0 1 A 32.1 bV � 24 21 ze roar xlMm 11 2r a 9 - oA ST l6 .3e .. I6 35 _ 39.1 4B 22 A 1.OA AG zo.14 oK\ ,. . l s A 10 9 N 13.9 a r 38.15 „ 43, pP 1 j - .,. LEA Aly 1.2AIAl �5 TI lA ]9.12 Z fi Al .. A z. 1. TH 9d O* I 41.11 Y Lldlcl 6 g _ 11111— Sl ; E o-' }5 n I 1 O 43.9 N 1. Al 1 43e L5A 90.3 39.14 av , 9 2 1.9A 6.2A 43.0 1501 1.BA OR. 44 y e - ., 45 n , S 'E. 42.2 S 46 ISAICI 6 L6AIc1 / 5 39.1 5 5tlr I 4. 1.3AIc1 ' 22 29 h~ Oza p° AS .¢ 24 Ij O i1 "� 1 3.3AIc1 30 .. a e 2 A 12 __-H4 BQR IS 33-1 i v I_ _ - _� R�• �. 150,1 L .... .— E� A,� izn - —_ :F A, ancE a p COUNTY OF SUFFOLK © SOUTHOLD — K rmx a SECTION NO c — SF"E' N Ne».rENANCE,ALTERTIOP SALE Ep �° Real Property Tax Service Agency E . .— oarareur oN cr eN Poanm o LEE m. 1lLAR 6 N '°" ' " --- °' --- - suEEOLr courvrr T N P Puo9auEa o County Center Riverhead N Y 11901 n 026 n .a n tz.l elm I]IA ^" —'-- _ qx >:a E el FEET M xF Ell"Lr ss ..,FR os :z eFrEZF ° D xu`a�o. f` .o:v Gar,:,rc ev — Bx:fxi_E IVSiFAI YrHEVI YpniEN PEP ISSgI Cf THE 121 MAA ��` ^r ���'� __ fl[AL PROPFRi1 iex SFP'ICE eGENCI_ ��gO� P 1 �i�]ro 1000 PROPERTY MPP ---- mxvEPslrnl NTE ILL 16.uzv _� CHARLES R.CUDDY ATTORNEY AAT LAW 445 GRI FFING AVEN I IF RfVERHEA1),NEW YORK f�I ai�me Atl�.recs: TEE: (6,31)369-S, X) P.O. Rox 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: c�Iar(es.cuddy(cl verizon.net September 28 2006 ,t,c....---�----�---.•., , _,v,,,, _ .�. , Mr. Anthony Trezza Southold Town Planning Departmentti`� P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In connection with the above subdivision, we are enclosing four (4) mylars and five (5)prints which have been signed by the health department. Please schedule a final hearing for this conservation subdivision or advise if the hearing has been waived. Very truly yours, Charles R. CRC/ik Enclosures CHARLES R.CUDDY / ATTORNEY A'1" I_AW 445CRiFFINGAVEN(JE RIVL"-RHEAD,NEW YORK M-di,ig AJd,es P.O.13r,x 1547 TEL: (631)369-8ix) �! FAX: (631)369-90.50 IZiver}tead, NY 11901 E-mail: dia des.cuddv(a,verizo n.net August 15, 2006 Y Mr. Anthony Trezza � � Southold Town Planning Department ® P.O. Box 1179 Southold, NY i 1971 L _ Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: We are enclosing a revised Declaration of Covenants and Restrictions in connection with the above matter. The change underlined is based upon our client's belief that there may some day be a modification of the prohibition of the use of the herbicides and pesticides. Please advise if this is acceptable so we will record it. Very truly yours, Charles R. Cuddy CRC/ik Enclosures DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2006, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 same will be in the best interests 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 lots 2 and 3 within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision man of Orchard Street Farm dated July 19, 2005, unless such use is approved by the Planning Board of the Town of Southold 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 4. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, 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 granted by a majority plus one vote of the Planning Board after a public hearing. 5. 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. 6. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 7. 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. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of 2006, before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public SF CHARLES R.CUDDY ATTORNEY AT LAW 445 GR f FFING AVE\U E RIVIM[FU),NEW YORK Mailms Address': C0. 13ox 1547 TE1.: (631)369-82M FAX: (631)369-9(� Rivcr�ead, NY 11901 1--mail: eliarles.cuddv(a-verizou.net June 5, 2006w <. _ . t Mr. Anthony Trezza E v I� Southold Town Planning Department l P.O. Box 1179 JUN - 7 2006 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision ri�µ,•; e,e ^. SCTM# 1000-25-4-11.8 Dear Mr. Trezza: We are enclosing the revised covenants for Orchard Farm. Thank you for brining to my attention that we were missing the final provisions. Very truly yours, Charles Cuddy CRC/ik Enclosures 0 0 AGRICULTURAL AND OPEN SPACE COVENANT THIS DECLARATION, made this day of , 2006, by Christine A. Morton, residing at 25 East 86th Street,New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described on the annexed Schedule A; and WHEREAS, the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at Orient, in the Town of Southold, as hereinafter more particularly described, should be preserved for agricultural or open space purposes; NOW, THEREFORE, THIS DECLARATION WITNESSETH : 1. The Declarant agrees that the property labeled Conservation Area as shown on the map of"Orchard Street Farm" at Orient, shall be protected and conserved pursuant to the provisions of the Declaration. 2. The Conservation Area shall only be used or maintained for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the cultivation of crops of all kinds including but not limited to all forms of horticulture, the pasturing, grazing, feeding and care of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including Page 1 of 3 0 0 but not limited to barns and sheds, as reasonably necessary in connection with agricultural use and the maintenance of horses, sheep, beef or dairy cattle or similar livestock may be constructed, maintained or replaced by Declarant. land. 5. Barns may be erected provided they do not detract from the scenic value of the 6. In the event the Property is no longer used for agricultural purposes then it shall be kept as open space and remain undisturbed except in its natural state. The Declarant, his successors and assigns shall have the right to remove diseased or dead trees, shrubs or other vegetation and replace them. 7. The Town shall have the right to inspect the Property and to enforce this Declaration of Covenants. However, the public shall not have any right to enter upon the Property or enforce this Declaration. 8. The building envelope at Lot 1 is excluded from this Declaration and a residence and customary residential accessory structures may be constructed within that envelope. 9. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities, pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code 10. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, 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 granted by a majority plus one vote of the Planning Board after a public hearing. 11. 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. 12. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any Page 2 of 3 0 0 other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 13. 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. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of 2006, before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 0 0 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2006, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 same will be in the best interests 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 lots 2 and 3 within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19, 2005. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 0 These covenants and restrictions shall run with the land and shall be binding upon the Declarant, 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 granted by a majority plus one vote of the Planning Board after a public hearing. 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 aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of 2006, before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public � COUNTY OF SUFFOLK s� a STEVE LEVY COPY SUFFOLK COUNTY EXECUTIVE .r y..,..-..—.- DEPARTMENT OF HEALTH SERVICES BRNN L. HARP F{, C May 26, 2006 D 15oNE� Mr. Keith Scott Morton &Ms. Christine A. Morton 25 East 86`h Street New York, NY 10028 Subject: Board of Review Hearing—May 18, 2006 S10-05-0015 — Orchard Street Farm, n/w/c King Street and Old Farm Road, Orient - t/o Southold - SCTM: 1000 02500 0400 011008 Dear Dear Mr. &Ms. Morton: Enclosed is a copy of the findings, recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Board granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Very,truly yours, -Stephqfi A. Costa, P.E., Chief Engineer Chairman, Board of Review Enclosure C: Board of Review File — Yaphank Ms. Eileen Cantone—OWM Mr. John Sohngen—Reviewer Ms. Valerie Scopaz — Town of Southold Mr. Andrew Freleng—Planning Department Mr. Charles R. Cuddy, Esq. Ms. Lauretta Fischer—Planning Department Mr. Joseph Fischetti, P.E. *DIVISION OF ENVIRONMENTAL QUALITY♦ BOARD OF REVIEW 380 YAPHANK AVENUE,SUITE 2B •YAPHANK NY 1 1980♦ PHONE 1831)852-5801 FAX(631)652-5825 t SUFFOLK RUNTY DEPARTMENT OF HEALT*ERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 29 SECTION 2209 SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper,M.D., M.P.H., Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: S 10-05-0015 — Orchard Street Farm, n/w/c King Street and Old Farm Road, Orient—bo Southold— SCTM: 1000 02500 0400 011008 Hearing Date: May 18, 2006 Statement of Problem Private Water System standards require water quality in wells in new realty developments to meet minimum state requirement for maximum contaminant levels (MCL) without treatment. The water quality in the subject development wells cannot meet MCL's without water treatment. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 4. 2. The parcel size is 675,695 square feet (sf). It is proposed to subdivide the parcel into three lots at 43,821 sf, 43, 865 sf and a 588,016 sf farm with a 45,302 sf building envelope. 3. The lot identified as SCTM: 1000 02500 0400 011008 is also known as lot 1 on the two (2) lot realty development map of"Morton, Keith Scott" (HDREF: S10- 02-0021) which was approved by the department on August 7, 2003. 4. That map was approved with covenants for private wells with high nitrates, no further subdivision of lot #2, and a limit on lot 1 to a further division of a maximum of 3 lots with private wells. The covenants are recorded in the office of the Suffolk County Clerk on Liber 12252, Page 432. 5. Public water mains are in excess of 10,000 feet from the project according to the Suffolk County Water Authority(SCWA). 6. Each of the three proposed lots had a test well installed. 7. The test well on proposed Lot 1 had a total well depth of 64 feet, and a static water depth of 15 feet. The depth of water in the well (including the screen) is 49 feet. According to the well driller, there is salt water intrusion below 64 feet depth. The well was sampled on February 7, 2006 with results as follows: a. Total Nitrogen= 11.1 mg/L. (MCL= 10 mg/L) b. Traces of Aldicarb = 1.37 ug/L (MCL= 7 ug/L) c. Dacthal= 11.0 ug/L (MCL 50.0 ug/L) Brian L. Harper, M.D.,C., Commissioner • Hearing Date: May 18, 2006 Subject: Findings and Recommendations of the Review Board Regarding: 510-05-0015 — Orchard Street Farm, n/w/c King Street and Old Farm Road, Orient—t/o Southold— SCTM: 1000 02500 0400 011008 I Perchlorate=3.0 ug/L(MCL= 18 ug/L) 8. The test well on proposed Lot 2 had a total well depth of 70 feet, and a static water depth of 15 feet. The depth of water in the well (including the screen) is 55 feet. According to the well driller, there is salt water intrusion below 70 feet depth. The well was sampled on February 7, 2006 with results as follows: a. Total Nitrogen= 10.8 mg/L. (MCL= 10 mg/L) b. Traces of Aldicarb = 3.5 ug/L (MCL= 7 ug/L) c. Dacthal = 51.0 ug/L (MCL 50.0 ug/L) 9. The test well on proposed Lot 3 had a total well depth of 70 feet, and a static water depth of 17 feet. The depth of water in the well (including the screen) is 53 feet. According to the well driller, there is salt water intrusion below 70 feet depth. The well was sampled on February 7, 2006 with results as follows: a. Total Nitrogen= 13.31 mg/L. (MCL= 10 mg/L) b. Aldicarb = 7.9 ug/L (MCL= 7 ug/L) c. Dacthal= 31.0 ug/L (MCL 50.0 ug/L) d. Herbicide metabolites Alachlor ESA= 4.22 ug/L(MCL= 50 ug/L) 10. The applicant is prepared to install water treatment and record appropriate covenants on each lot. Determination It was a 3 to 0 determination of the Board to grant the request for the variance to utilize private wells in the realty development provided that covenants and/or deeds shall be prepared and filed, in language acceptable to the County Attorney, that • Provide for the installation of "whole-house" water treatment to remove all parameters detected in the test wells including nitrogen. • Provide that there shall be no further subdivision of any parcel without department approval. The water in the future dwellings will be treated to within drinking water standards (MCL's). As per §760-609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. May 26, 2006 Stephen . Costa, P.E. Chairman —Board of Review CH ARLES R.CUDDY ATTORNL'Y AT LAW 4 5GRIPPINGAVENUE RIYPR11EA1),NEW YORK M,mg Acl&,e,: TIL: (631)369-8200 P0. B,,x l547 PAX: (631)369-9080 Ri,,,Iwad, NY 11901 F-mail: Glia Iles.c ucl cty(n've limn.net May 15, 2006 .r:.. �. . Mr. Anthony Trezza D E C� F U E6�� 1 Southold Town Planning Department ---, P.O. Box 1179 ! MAY 1 6 2006 Southold, NY 11971 t Re: Keith Scott Morton-Conservation Subdivision Southold Town Plarrung Board SCTM# 1000-25-4-11.8 Dear Mr. Trezza: Months ago we submitted the proposed Declarations of Covenants for Keith Scott Morton in Orient. We shortly should receive health department approval and we would like to be in a position to have the map signed for this conservation subdivision. Please advise if these covenants are in acceptable form . Very truly yours, Charles R. Cuddy CRC/ik E--lo,sures ! .r MAILING ADDRESS: 1 PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE ���� SOUT�O Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR rn 54375 State Route 25 GEORGE D. SOLOMON �O CYC (cor. Main Rd. &Youngs Ave.) JOSFIIH L. TOWNSEND � ,i{� Southold, NY 00 NTV «. Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 2006 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the n/w corner of King Street and Old Farm Road and the s/s/o Orchard Street in Orient. SCTM#1000-25-4-11.8 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, February 13, 2006, adopted the following resolution: WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1 .007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, this application is classified as a Conservation Subdivision (80/60) pursuant to Section A106-5 "Subdivision of Land of the Code of Town of Southold"; and WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination for this project on October 17, 2005; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. February 14, 2006 Orchard Street Farms Page Two A copy of the negative declaration is enclosed for your records. If you have any questions regarding the above, please contact this office. Very truly yours, r/Jerilyn B. Woodhouse Chairperson enc. PLANNING BOARD MEMBERS • MAILING ADDRESS: P.O. Box 1179 JERILYN B.ChairOODHOUSg �O�*OF SO!/ryOl Southold, NY 11971 q OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR C a oc 54375 State Route 25 GEORGE D.SOLOMON p (cor. Main Rd. &Youngs JOSEPH L. TOWNSEND i Ave.) ly�OUNTV,� 0 Southold, NY L_- Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant February 13, 2006 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Standard Subdivision — Orchard Street Farms SCTM#: 1000-25-4-11.8 Location: The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action, This proposal is for a Cluster Conservation Subdivision to subdivide a 15.51-acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres 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 determination was based upon the following: Orchard Street Farm Negative Declaration Page To February 13, 2006 No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. This proposal is for a Conservation Subdivision whereby 80% of the buildable lands will be protected. The property is an agricultural parcel and does not contain significant vegetation. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. This proposal will protect a significant amount of farmland in accordance with the Town's Conservation Subdivision regulations. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. A Phase I Archaeological Survey was prepared for this project, which recommended that no additional archaeological investigations be conducted. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. This proposal maximizes the active farmland. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: NYSDEC Suffolk County Department of Health Services Elizabeth Neville, Town Clerk Applicant CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVENt,'E RIVERHEAD,NEW YORK Maili„gAddress: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy(a)verizon.net February 16, 2006 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: We forwarded to you two (2) covenants in connection with the above subdivision under date of October 24, 2005 (Declaration of Covenants) and December 15, 2005 (Agricultural and Open Space Covenant). Please advise if these covenants are acceptable so we may proceed with this subdivision. Very truly yours, t ' v Charles R. Cuddy r CRC/ik Enclosures l� FCj� ..fr h" Southold le°�r Ab MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0l Southold, NY 11971 Chair OFFICE LOCATION: Town Hall Annex KENNETH L.EDWARDS Q 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE JOSEPH LD TOWN END OI�CoOMV,� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 9, 2006 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Clustered Conservation Subdivision of Orchard Street Farms SCTM#1000-100-25-4-11.8 Zoning District: R-80 Requested Action: Proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Anthony P. Trezza, Senior Planner (631) 765-1938 x 5021 .J CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFI NG AV F N 'E RIVERHFAD,NEW YORK Marling Address: TEL: (631)369-8200 P.O. B,,x 1547 FAX: (631)369-9080 Riverhead,NY 11901 F-mail: Aarles.c uddy@verizon.net January 6, 2006 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: The resolution granting approval of the sketch plan indicates that the SEQRA process would be commenced. We are now at the point with the health department where we need to show that SEQRA has been completed. Otherwise, the map will not be signed by the Suffolk County Department of Health Services. Please forward to us the SEQRA determination. Very truly yours,, Charles R. Cuddy I CRC/ik Enclosures 0 CHARLES R.CUDDY r 7 ATTORNEY AT LAW 445 GR[FP[NG AVENUE RIVERI[EAD,NEW YORK MailingAddree_ep TEL: (631)369-82(X0 P.O. B,n, 1,547 FAX: (631)369-9080 Riverhead, NY 11901 F-mail: ehazlesxuddyaq verizon.neL December 15, 2005 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-441.8 Dear Mr. Trezza: We are enclosing a proposed Agricultural and Open Space Covenant pursuant to the Planning Board's resolution of October 17, 2005. Please review the covenant and confirm that it meets your requirements. Very truly yours, d Charles R. Cuddy CRC/ik Enclosures AGRICULTURAL AND OPEN SPACE COVENANT THIS DECLARATION, made this day of 2005, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described on the annexed Schedule A; and WHEREAS, the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at Orient, in the Town of Southold, as hereinafter more particularly described, should be preserved for agricultural or open space purposes, NOW, THEREFORE, THIS DECLARATION WITNESSETH : I. The Declarant agrees that the property labeled open space/agriculture as shown on the map of"Orchard Street Farm" at Orient, shall be protected and conserved pursuant to the provisions of the Declaration. 2. The property, as described in Schedule A, shall only be used or maintained for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the Page 1 of 3 cultivation of crops of all kinds including but not limited to all forms of horticulture, the pasturing, grazing, feeding and care of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including but not limited to barns and sheds, as reasonably necessary in connection with agricultural use and the maintenance of horses, sheep, beef or dairy cattle or similar livestock may be constructed, maintained or replaced by Decalarant. 5. Barns may be erected provided they do not detract from the scenic value of the land. 6. In the event the Property is no longer used for agricultural purposes then it shall be kept as open space and remain undisturbed except in its natural state. The Declarant, his successors and assigns shall have the right to remove diseased or dead trees, shrubs or other vegetation and replace them. 7. The Town shall have the right to inspect the Property and to enforce this Declaration of Covenants. However, the public shall not have any right to enter upon the Property or enforce this Declaration. 8. This Declaration shall be a burden upon and run with the Property and shall bind the successors and assigns of Declarant including but not limited to Declarant's agents, tenants, occupants, heirs, and personal representatives and grantors. 9. The building envelope at Lot 1 is excluded from this Declaration and a residence and customary residential accessory structures may be constructed within that envelope. 10. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Page 2 of 3 Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of 2005 before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degress 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42 minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 38.83 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 206.67 feet; RUNNING THENCE along curve to the right with the radius 10 feet, a distance of 15.71 feet; RUNNING THENCE the following three courses and distances: 1. North 87 degrees 40 minutes 40 seconds East, 253.21 feet; 2. South 02 degrees 19 minutes 20 seconds East, 245.10 feet; 3. North 87 degrees 40 minutes 40 seconds East, 314.22 feet to lands on a certain subdivision map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No.7045, South 13 degrees 34 minutes 30 seconds West, 524.12 feet to the easterly line of Old Farm Road; RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point of BEGINNING. CHARLES R.CU DDY ATTORNI-,YAT LAW 445 GR IFFI NG AVENUE RI VERT 1EAD,NE W YORK Mailing Address: TEL: (631)369-8200 P.O. 13,,x 1547 FAX: (631)369-9080 RIVC,LA, NY 11901 E-mail: charles.cuddy(cverizon.tict October 24, 2005 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In accordance with the Planning Board's resolution of October 17, 2005, we prepared a proposed Declaration of Covenants. Please advise if this is satisfactory to the Board. Very truly yours, Charles R. Cuddy CRC/ik Enclosures 0 9 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2005, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 same will be in the best interests 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 lots 2 and 3 within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19, 2005. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, 0 0 Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of 2005 before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degress 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42 minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 38.83 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 206.67 feet; RUNNING THENCE along curve to the right with the radius 10 feet, a distance of 15.71 feet; RUNNING THENCE the following three courses and distances: 1. North 87 degrees 40 minutes 40 seconds East, 253.21 feet; 2. South 02 degrees 19 minutes 20 seconds East, 245.10 feet; 0 0 3. North 87 degrees 40 minutes 40 seconds East, 314.22 feet to lands on a certain subdivision map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No.7045, South 13 degrees 34 minutes 30 seconds West, 524.12 feet to the easterly line of Old Farm Road; RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point of BEGINNING. r r , 0 COUNTY OF SUFFOLK • �v STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L. HARPER,M.D.,M.P.H. COMMISSIONER November 22, 2005 Anthony Trezza Planning Board Office PO Box 1179 Town Hall, 53095 State Rte. 25 DEC 16 Southold, New York 11971 RE: Orchard Street Farms - Subdivision S CTM#: 1000-25-4-11.8 Dear Mr. Trezza: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated October 18, 2005 concerning the above-referenced project. The Department has no objection to the Town of Southold assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above-referenced project (HD Ref# S10-05- 0015), as required by Article VI of the Suffolk County Sanitary Code. The application is incomplete pending the submission of the following additional technical information: Test wells sampled by SCDHS Public Water availability letter • Certificate of Authorization Town Zoning Approval Revised Site plans including neighboring wells and sewage systems within 150 feet of the property, test well locations, and topographic contours. DIVISION OF ENVIRONMENTAL QUALITY, OFFICE OF ECOLOGY 360 Yaphank Avenue, Suite 2B,Yaphank, NY 11980 (631)852-5750 Fax(631)852-5812 0 0 The applicants 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. B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. The Department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information, please feel free to contact the Office of Ecology at 852-5750. Sincerely, Philip de Blasi Environmental Analyst Office of Ecology PD/amf PC: Kimberly Shaw Walter Hilbert, P.E. PLANNING BOARD MEMBE MAILING ADDRESS: �QF SOU, P.O. Box 1179 JERILYN 13. WOODHOUSE � �QSouthold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS N MARTIN H. SIDOR 54375 State Route 25 GEORGE. D. SOLOMON �� ,.e�� (cor. Main Rd. &Youngs Ave.) Cow,� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2005 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.8 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, October 17, 2005, adopted the following resolutions: WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, the applicant has proposed an 80% preservation of the buildable lands and a 60% reduction in density; be it therefore RESOLVED, that the Southold Town Planning Board hereby classify this application as a Conservation Subdivision; and be it further RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this unlisted action; and be it further RESOLVED, that the Southold Town Planning Board grant conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005, subject to the following conditions: r Orchard Street Farms Page Two October 18 2005 1. Submission of the final application form and application fee in the amount of $500. 2. Submission of final map containing the Health Department stamp of approval. Upon submission of Health Department approval, the Planning Board will schedule the application for a final public hearing. 3. Submission of the Phase 1 Archaeological Survey. 4. LWRP Coastal Consistency Review. 5. Submission of a draft Conservation Easement that permanently preserves the 12.459 acres from future residential development. 6. Submission of the park and playground fee in the amount of $7000 ($3,500 for each newly created lot). 7. Draft Declaration of Covenants and Restrictions that contain the following clauses: a. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the approved subdivision map of "Orchard Street Farm." b. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. c. By this Declaration, future residents of the lots shown on the approved subdivision map are advised that the lots may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, William Cremers Vice Chairman PLANNING BOARD MEMBERS • MAILING ADDRESS: -``�pF so P.O. sox 1179 JERILYN R. WOODHOUSE SOV` y0l Southold, NY 11971 Chair O WILLIAM J. CREMERS 41 OFFICE LOCATION: Town Hall Annex KENNETH L. EDWARDS v' �c MARTIN H.SIDOR O 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) QUMiY Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2005 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Clustered Conservation Subdivision of Orchard Street Farms SCTM#1000-100-25-4-11.8 Zoning District: R-80 Requested Action: Proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Anthony P. Trezza, Senior Planner (631) 765-1938 x 5021 Lead Agency Coordination Request Orchard Street Farms Page 2 The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition, please provide any information that should be considered during this review. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very ytruly yours, William Cremers Vice Chairman Enc. cc: Southold Conservation Advisory Committee Suffolk County Department of Health Services 'NYSDEC - Stony Brook, Sheri Aicher Building Department * Map enclosed for your review oux CHARLES R.CUDDY ATTORNEY A'T L AW 445 GRIFFINGAVENUE RIVERHEAD,NFW YORK Maili.g�\dd,,ss: 'FEL: (631)369-82(x) P.O. Box 1547 FAX: (631)369-(004) Riverhead, NY 11901 E-mail: charles.cuddy(U)vcrizoo.net October 18, 2005 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In connection with the Morton's subdivision (Orchard Street Farm) enclosed is an Archaeological Survey completed by the Institute for Long Island Archaeology of Stony Brook. Please note that no artifacts were encountered and no further investigation is recommended. Very truly yours, Cuwfol_ . Charles R. Cuddy c/ CRC/ik Enclosures CHARLES R.CUDDY Sin ATTORNEY AT LAW 445GRIFFING AVENUF. RIVF.RHEAD,NEW YORK Mailing AdJrees: TE-L: (631)369-8200 P.O. Box 1547 FAX: (631)369-908,0 Riverhead, NY 11901 E-mail: ehades.cuddy((vverizon.net October 4, 2005 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: The applicant has completed the archaeology survey of this site which has been completed by David Bernstein, Director of the Institute for Long Island Archaeology at the State University at Stony Brook. He is preparing a report indicating that nothing has been found at this site. We previously forwarded the covenant requested by the Board. The applicant has submitted the map to the Suffolk County Department of Health Services for approval. Please confirm that a resolution will be presented to the Planning Board approving sketch plan. Very truly yours, Charles CRC/ik Enclosures I?9022':G259 1.: +5 63.363953L. Pg,iE 5:.,'12 �..�. CRARLES R- CUUulr Attorney at Law 445 Grit7ing Avenue Riverhead,N" York 11901 Tel No.. (631) 369-8200 Fax No.: (631)369-9080 TO: Anthony TrezzB, Plwming Department Fax#' 765-3136 TELECOPIER COVER SHEET Total Number of pagesZncluding cover sheet. If transmission is faulty or incomplete, please inform iis as soon as possible. Operator: Iwona Date: September 22, 2005 Comments: Re: Keith Scott Morton Subdivision map "Orchard Street Farm" SCTM#1000-25-4-11.6 Attached is health department covenant for Orchartl Street Farm. Chsrlev R. Cuddy Air jar transmission together with materials jo&rnvng are intended for the person or persons named hereon and we cmuidered co%&ko0url ittformadan. Ifyaa have received this irammicsion in ewer,you are directed to return these maieriab immediate&by regular mad to the.vender at the above oddms. Po."a�re inenwed jw she reinrn wi(1 he paid by thtr firm. LI 2pL=6B9�j:=;t PAVE 92/12 • 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII I II III 111111 IIIII I III IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTI Recorded: 05/22/2003 Number of Pages: 17 At: 11:37:19 AM LIBER: D00012252 PAGE : 432 District: Section: alcak: Lot: 1000 025 .00 04 .00 011.006 EXAMINED AND CHARGED A6 FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $51.00 NO Nandl::ng $5. 00 NO COE $5.00 NO NYS SURCHG $15. 00 NO TP-584 $C .00 NO Notation $0. 00 NO Cert.Cepies $6.50 NO RPT $30. 00 NO SCTM $0.00 NO Foes Paid $114.50 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County FlAGE 9? i- 1 2 7 Number o',plies 'pr' Met o-x ',1,.• ?" TORREh9 Fdti> d c Fc.°+tris= Certificate#� __ r• ` Prior Of.# Decd i M,rigage Instrument Deed/Mortgage Tex Stamp Recording i Filing Stamp! a FEES Ir-' Page I Filing Fet J Mortgage Amt. Handling _ 1.Basic Tax TP-584 2.Additional Tax Notation _ _ 7, Sub Total FA-5211(_-runtO .�� � � Sublotal 5���- Spec!Assit Or EA-5:0 i5tate) Spec-/Add. R..P.T.S.A. TOT.MTG.TAX q. Dual Town Dual County Comm.of Ed. —_ 5 QC' — Held ror.Apportionment Afkidkvi' * ',` Transfer Tax c tiPedCop ' Mansion Tax _ _,_ The property covered by this mortgage is or Reg, Copy _ 5� will be improved by a one or two family Sub Total �� dwelliatgonly. L YFS or NO Other If NO,see appropriate tax clause on page # GRAND' DTAL __ of this instrument. S Real Pn,peny Tax Service Agency Verification 6 Conununity Preservation Fuad. Dist. Section 61ock Lut Consideration Amount $ S:amp 1000 02500 0400 011006 .6 CPF Tax.Due $ hate h T S Improved I ? MTYA Initials `.22-tnAY- Vacant Land Satisfa:tions,oisanarsesiYeleases List Property Owners Mailing Address TD RECORD&RETURN TO: TD Charles R. Cuddy, Esq. TD Cri£fing Avenue Riverhead, NY 1.190'_ s Title Company Information Co. '\ame Title M y Suffolk County Recording & Endorsement Page This page irnns iar(o£the attached _Dr CLARATLON OF COVENANTS AND RESTRICTIONS made by (SPECFY TYPE OF 1NSIRUMENf) Keith Sco Morton The prertusesher i'I ��ated a S JrFOLIC COU� W YORK 7O In die Townslvp of _ 52„thold In.the VILLAGE Suffolk County Depar-ment of Health Services orHAIvLETof Greenport D OLS 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDIIG OR FITSNG. L19/22 29J- E:'W_'Q PAGE e4%12 PRIVATE WELL COVENANTS DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by KEITH SCOTT MORTON this 29°i day of April, 2003, residing at 25 East 86" Street, Apt* 12G, New York,NY 10028 hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto ✓ (hereinafter referred to as the PREMISES) desires to restnet the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be geld and shall be conveyed subject to the following covenants and restrictions: 1. WHEREAS, DECLARANT has made application to the SuFolk County Department of Health Services(hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and well; and 2. WHEREAS, the PREMISES are to be served by an individua: on-site private WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of New York and contained excess of the following: i. Nitrates A complete list of analysis results is attached hereto as Schedule E; and WHEREAS, the County of Suffolk Department of Health Services has agreed to issue a permit only if there be a record covenant that the necessary water conditioning equipment be installed so as to meet the quality standards for drinking water; it is DECLARED and COVENANTED by DECLARANTS, their heirs or successors and assigns forever, that no residence upon the above described property will be occupied prior to the installation of the necessary water conditioning equipment so that the water, when conditioned, meets the said minimum quality standards for drinking water of the State of New York and evidence of the same is furnished to the Suffolk County Department of Health Services for their written approval. 2 a.) As a further condition of the DEPARTMENT, of such subdivision or development application, the DECLARANT covenants that there shall be no farther division of Page I of 3 091, `- - F1+GE 05113 0 Parcel B (Schedule $)-consisting oft acres, and that Parcel C(Schedule C)-consisting of 15.50 v' acres may not be subdivided into more then three (3) lots. Parcel B and Parcel C may be further subdivided if pubic water is provided to all lots and existing welis are abandoned and disconnected in accordance with the standards of the DEPARTNMNT, 3. The DECLARAM, its successors and,'or assigns shall set forth these covenants, agreements and dectau ations in any and all leases to occupants,tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. -0 of the covenants and restrictions co rained herein shall be construed to be in addition to and not in cerogation or limitation upon an) provisions of local, state, and federal laws, ordinances and/or regulations in effect at the time of execution of this agreement, or at the time such laws, crdinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. Tnis document is made subject to the provisions of all laws required oy law or by their provisions co he incorporated herein and they are deerned to be incorporated he-cin and made a part hera;of, as though fully set forth. E. The aforementioned Restrictive Co.enants shall `:e enforceable by the County of Suffolk. State of New York, by injunctive relief or by any other rernedv in equity or at law. The failure of Siad agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever apon the County of Suffolk or any officer or employee thereof 7. These covenants and restrictions shall run with the Iand and shall be binding upon ,he DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with written consent of the DEPARThLENT, S. 'The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. 9. if any section, subsection, paragraph, clause, phrase or provision ofthe e covenants and restrictions shall, by a Court of competent Jurisdiction, be adjudged illegal, Page 2 of 3 SAGE Ub.''? tonlawEtd, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other pan or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 10, Local Law 432-1980-The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York Sate, or of any political party,with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the Provisions of Local Law 032-1980. Bv: Keith Scdtf Morton STATE OF NEW YORK) S5. COUNTY OF SUFFOLK) On theqEA:dav of April in the year 2n03 before me, tite undersigned, personally appeared, KEITH SCOTT MORTON, 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 thesame in his/her/their capacitv(ies), and that by his'her/their signature(s) on the instrument, the individual(,:)or the person upon behalf of which the individual(s) acted, executed the instrument. otaary r y P NotPuhnc WJOH1 KCJYM ma wrM Pagc 3 of 3 PAGE 07/12 SCHEDULE A ALL that certain plot, piece ).r, parcel Cf land, w;:th the buildings and improvements thereon erected, situate, lying and being at o,rier_t, Toon of So.;.'chold., Co--L.zty of Suffolk and State of New York being Orient, Town of Sc, thold, County as fu:-lows : Of Suffolk and tat:c of PSew Yc-ri he_r., more pat.:cu].a y bour_ded and described Br,GINT.JI_�'v at a, marument set at th_ -'n':(,=ect-ion of the northerly :line of King street and the easterly i..ne of 01d Farm Road and from said •oint o_ begi-.rning r_:nn,ing along sa::d northerly J.ind of King Street, North EO degrees 3:) iinuLQs 40 seconds Wee feet to lard low or formerly pr Gemmas; t. 316 .57 .�UNNM- THENCE along said lands r.,_w o:: formerly of Gemma the fallowing three courses and di. tances : 1 . P?o.r7h 05 degrees 42 minutas 27 seconds. keit , 135 . 60 .feet ; 2 North 57 degrees 56 minutes 55 seconds West;, 3S • 68 feet; 3 . Nor 31 degrees 02 mnutes west, 162 . 67 feet to land row or _`ormerly o° iKing; nUNNINC THENCE along 93id "-and now cr formerly of XC g and then land of others, North C7 degrees 33 minutes 10 se-c- 838 - 00 :est to land now or formerly of Saint; RUNNING TFENCE alone said lands now or formerly of Saint , North 83 degrees 5C minutes East- , 73 .65 feet to lands now or formerly of 'Jan Nostrand; RUNNING THENCE along said lands no" Cr formerly of V'ar, Nostrand, South 87 degrees 49 mir:utes East, : 22 . 00 feet to lands now or formerly Of Tabor: RUNNING THENCE along said lands row -�r formerly of Tabor the following three courses and distar_ce ,: 1. South 02 degrees 19 minutes 2D seconds East, 11 . 60 feet 2 . South 89 degrees 42 minutas 20 seconds East, 105 . 7.1 feet; North 02 degrees 19 minutes 20 seconds West , 166 . 40 feet to the southerly line of Crchard Street; RUNN,NG TT:'ENCE along the scutherll. line of Orchard Street, North 87 degrees 40 minutes 40 seconds Ea3t, 30 . 00 feet formerlyto lands new or of Fogden; RTjN'N7NG TF NCE along- said lands nc.w or formerly o:f, Bogden, south 02 degrees 15 minutes 20 seconds East; 200 feet; PAGE 9011.2 RU\71'ING ;.HENCE a=ong said lands new or formerly of Bogden and th�ri along '_an:_s now cr formerly of Boer,-.m, North E7 degrees 4C minutes 40 se=4s Fast, 307 . 00 feet ; RL^VA1:1YG THENCE along lands now or Formerly of Bceram, North 8e deg_-ees 55 minates ;.0 seconds East, ;.26. 31 feet to .Lanus new or formely of Nigro, FUTNTT,T,NG THENCE a2Qn,g saia lands now or formerly of ITtigro, North 76 degrees 50 nunutc=_ 40 seconds East , 63 . 00 feet _o lands now or fo:ner"ly of Lenzner; RUNNING THENCF a,lcng said lands new Cr formerly of Lenzner the follow-ng two courses and distances : 1 . Seutr 11 degrees 56 mir.:ates 17 seconds kelt, 86 .7= Beet; 2 , Scut- 65 degrees 42 m:,nutes 23 seconds East , 143 - 64 feet to lands designated as Park on a certain map entitled, Bayview Farm at Orient, filled in the Suffolk County Clerk' s Office as Flap No. 7045; P.-'NNING THENCE along sa d lands iezigr_ated as Park on a certain map entitled, Bayv_ew Farm at Orient, filed in the Suttalk County Clerk' s Office as Map No. 7045 , Scuth 13 degrees 34 minutes 30 seccnds west; b5± .22 feet to the easterly line of Old Farm Road; R'MITING THENCE alcnsV said easterly line of Cid Farm Road, South 33 decrees 07 minutes 20 seconds Wes: , 325 . 00 feet to the point of. BEGINNING. U9/'12, 735 ._:LIS 6136;Ai1 P P�4GE �J9�1^c SCHE2ULE G +iL,� that -_-err_a_n plot, piece or parcel of _and; situate, ,lying an' bc: ag at Orient, Tcwn of Southold, County of Suffolk and State of New York, begin nor.= -articularly bounded and described as follows : BF171:'NTNG at a monurment set aL- the inter.'sect ion of the southerly line of Orchard Streetas it 4s intersected by the easterly line of land now or formerly of Mc.-Set; 'FENCE RUMZING North 57 degrees 40 minutes 40 seconds cast, 38 . 83 feet to the true point or p7.ace of beginning; RUyNTjNG TFEk7C.E 1,orth E7 degrees 40 minutes 40 seconds %as- , 12 . 17 feet to land now or formoer'.y of Bodgen; RUNNING THENCE along said '_ands now or formar:.y of Bolden, Sou.L'n 02 dee-ees 10 minutes 20 seconds East, 2CQ . G0 feet; RUNNING THENCE along said -ands now or formerly of Sodgen and them alono lands now or formerly of Bcerum, Nor--h 87 degrees 40 mi_:utes 40 seccrid.s East, 300 .00 feet; Ri31,1NING THENCE along lands now cr formerly of Bcerum„ Nor.-h 86 degrees 55 minutes 10 seconds East 126 . 91 feet to lands now or formerly cf Nigro; RJNNINCG THENCE along said lands now or formerly of Nigro, North 76 decrees 50 minutes 40 seconds East, 69 . 00 feet to lands now or. formerly of Lenzner; RUNNING THENCE along said lands now or formerly of Lenzner the following two courses and. distances : 1 . South 11 degrees 56 minutes 10 seconds West, 66 .73 feet; 2 . South 65 decrees 42 minutes 20 seconds East, 143 . 64 feet to lands designated as Park_ on a certain map entitled, sayview Farm at Orient, filed in the Suffclk Co•_:nty Clerk' s Office as Mao No . 7055 ; RUi-dING THENCE along said lanais designated as Park on a certain man entitled, Bavview Farm. at Orient, filed in the Suffol'- County Clerk-' s Office as Map No. 7045, So,-;.th 13 degrees 34 minutes 30 seconds West, 133 . 10 feet; RUNNING THENCE along -the ' ,sou^herly line cf the following three co,rses and cistances� , . South 81 decrees 40 minutes 46 seconas 'West. 314 . 22 feet; 09/22/2005 1�:Gfd 6319K?yCt 3�3 PACE 10/12 i . North 02 degrees :.9 minuties 20 seconds West, 235 . 10 feet; 3 south 87 degrees 40 minutes 40 seconds West, 253 .21 feet ; 81117, S3 -FtENCF along curve to rhe r. gh.t with radi-s of 1D feet , I. di=tanr_e of. 17 . ?1 feet; UIi,\1N ^_'HENCE i?c_tl: Q"+ deg--e,es 19 minutes 20 seccnde West, 2.05 . 67 flet to t--.e true poi.n'c or place cf BEGINNING. l i 09!221 20JE 1::02 631369391:11 F�1GE 7.=!12 SC14ED'JT.,2 C ALL t_`_at certain plot, piece or parcel of land, with the buildings and improvements thereon enc- ed. situate, ging and bting at Crient, Te :n, of Scuthold, Ceun.y of Suffolk and State of New York being Or_e :t, Town of S^'s' h:: d, County of Suffolk end State cf New "tor',: being more partioLJarly bounded and described as follows: BEsINNIivG at a monument set at the intersection of the northerly lire of King Street and the easterly l:.r-e of old Farm Road and f.:om said mint of beginning running aio,g sa-d northerly line of Kine Street , North 8o degrees 5� mimltes 4G seccnds west, 326 .57 feet to lard now or formerly of Gemma; RUNNINn THENCE along said lands now or 'formerly of Gemrna Lhe fo7.1cwirg three courses and d_stances: 4. North 05 degrees 42 minutes 30 seccnds west, 135 .60 feet ; S . Norte: 57 decrees $e minutes 55 se, onds West, 36 .68 feet; 6 . North 81 degrees 02 minutes Wcat, 162 . 667 feet to land now or formerly of K-- ng; RU1tiTj,�ING THENCE along said land now or fcrrcrly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838 . 00 feet to land now or formerly ct Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74 .68 to--,t to lands now or formerly of Van Nostrand; RUN'_�TN3 THENCE alcng said lands now or formerly of Van Nestrand, South 87 degrees 49 minutes East, 122 . 90 `set to lands now or formerly of Tabor; RMUNG THENCE along said lands now or fotmerly cf Tabor the fc..lcwing t"Tree courses and distances : 4 . South 02 degrees 19 minutes 20 sec.anas East, 11. 50 feet; S . S011th 89 degrees 42 rtinutes 20 5e::0nde East, 105 . 11 feet; F, - North: 02 degrees 19 minutes 2J seconds Voest, 166 .40 feet to the scutherly line of orchard Street; R_rJNING T-=E along the southerly 111le of Crchard Street, North 87 degrees 40 minutes 40 seconds East, . 38 . 63 feet; RUNNING '"H_NCE South '02 degrtes 19 m.:nutes 20 seconds East, 206 . 67 feet ; Z,,TT,IN", TH=NCE alcng a curve to the xi5hr with the radius 10 P4:;GE 12112 feet, a distance ^_` 15 . 71 feet; R(T1NI.•.'G THENCE the fcllowing tnrec courses ani distances: North 87 degraeS 40 mirutes 4� secoc.ds East, 253 .21 feet; 2 . South C2 d.egrees 19 minute_ 2:; seconds East, 245 . 11 feet; No-th 87 degrees 40 m=nutcs 4" seconds Eae• , 314 .22 feet to on d ce•.tain Subdi 1Sio!' mac C t1t E�„ B2'y viEw Farm dL' lands r v Orient, filed Suffolk "oun ti Clerk' s Office as Mai No- 704= ; P,UN\T7NG THENCE al�,ny said lands desi8-a.tad as P=rk on a certain map enti-J.ed, 2'ayvyew Firm at Or:.ent., -fled in the Suffo k County Clerks Office as Map No. 7C45, South 1_' 3egrees 34 rc. notes 30 seconds West . 524 . 2 flyer to the easter y line of Old Farm Road; RUP�d111G THENCE sa_ci easter'Ly line of Old Farm Road. South 33 degrees 07 mi-:utes 20 seconds West '_:=5 . 00 feet to tha point of. BEGIN-NIN3. • . MAILING ADDRESS: PLANNING BOARD MEMBERS � a SUII jyOlO P.O. Box 11 Southold., NY 111 971 79 JERILYN B.WOODHOUSE Chair OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �Iycoulm Southold, NY IY 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 19, 2005 Mr. Edward Loper, Sr., Secretary Orient Fire District 23300 Main Road Orient, NY 11957 Dear Mr. Loper: Enclosed please find one (1) subdivision plan, dated as last revised July 19, 2005, for the Conservation Subdivision of Orchard Street Farm, located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11 .8. 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 co peration. Ve ul you s, nthony P. rezza Senior Planner enc. CHARLES R.CUDDY ATTORNEY AT LADS 445GRIFFINGAVENUE RIVERHEAD,NEW YORK \1ai1ipg AJJ,,ss: TEL: (631)369-8200 P.O. &,x 1547 FAN: (631)369 <XW Riverhead., NY 11901. E-mail: eliarles.cuddy Culverizon.uet August 31, 2005 Mr. Mark Terry Southold Town Planning Department P.O. Box 1179 Southold, NY I1971 SEP — 1 2005 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Terry: In accordance with our discussion and meeting with the Planning Board, enclosed is a proposed Declaration of Covenants with respect to lots 2 and 3 of the subdivision being completed by Keith Scott Morton. Please advise if this meets with your approval so we may record it. Very truly yours, Charles R. Cuddy CRC/ik Enclosures DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2005, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described on the annexed Schedule A and Schedule B; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 same will be in the best interests 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 lots 2 and 3 within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19, 2005. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of 2005 before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CFIARLES R.CUDDY ATTORNEY AT LAW 445GRIFFINGAVFNUF RIVERHEAD,NEW YORK ht lr,�lddrts�: TE . (631)369- 200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY I t901 E-mail: ckarles.cuddy(averizonmet July 20, 2005 Mr. Mark Terry Southold Town Planning Department P.O. Box l 179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM4 1000-25-4-11.8 Dear Mr. Terry: Enclosed are eight (8) copies of the revised subdivision map showing lot 3 moved to the north and the building envelope also moved north so that the vista from Old Farm Road remains open. Please confirm that the map is now in acceptable form and that we can proceed with the subdivision approval. Very truly yours, Charles R. Cuddy CRC/pc Enclosures (,CHARLES R.CUDDY / ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHF.AD,NFW, YORK N1a lm _Address: TEL: (631)369-831) P.O. E<,x 1547 rAX: (631)369-90£30 Riverhead, NY 11901 E-mail: cliarles.cuddy((vverizon.net June 29, 2005 Mr. Mark Terry ! ra L u J Southold Town Planning Department P.O. Box 1179 1 Southold, NY 11971 qua 0♦ ;?O�jJ Re: Keith Scott Morton-Conservation Subdivision —� SCTM# 1000-25-4-11.8 Dear Mr. Terry: In connection with the above subdivision, we are enclosing the LWRP Consistency Assessment Form. Very truly yours, Charles R. Cuddy CRC:ik Enclosures . 177-1Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions thataresubject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including= Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 25 _ 4-11.8 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Nature and extent of action: Conservation 3 lots subdivision on 15.51 ac. parcel. 0 Location of action: n/w corner of King Street and Old Farm Rd. , Orient, NY Site acreage: 15.51 acres Present land use:_ vacant land/ agri cuI rurn 1 Present zoning classification: Qn 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Keith Scott Morton (b) Mailing address:_ 25 Fast 86th—Street (c) Telephone number: Area Code( ) (212) 889-6643 (d) Application number, if any:_ N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable tn_ st ac will be Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No ❑ Not Applicable Attach additional sheets if necessary • • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach addrhonal sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No NotApplicable Attach additional sheets if necessary -------- Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III — Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes [] No❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWI2P Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No 0 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 11 Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No D Not Applicable 10.51 acres is protected for agricultural use. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III —Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Created on 5125105 11:20 AM CHARLES R.CUDDY ATTORNEY AT L AW 445 GRIFFING AVENUE RIVERHF.AD,NEW YORK MailmgAddress; TEL: (631)369-&'1)0 RO.R,. 1547 FAX: (631)369-9050 Riverliead, NY 11901 E-mail: charles.euddyo veriznn.net May 9, 2005 Hand Delivered Mark Terry Southold Town Planning Department P.O. Box 1179 MAY Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Terry: For your records, we are enclosing an Authorization Form and a copy of the Deed, in which Keith Scott Morton conveyed the property to Christine A. Morton. Very 7'truly yours, Charles R�� CRC:ik Enclosures CHRISTINE A. MORTON 25 East 860' Street New York, NY 10028 I, Christine A. Morton, the owner of the property identified as SCTM# 1000- 25-4-11.8, located in Orient, New York, hereby authorize Charles R. Cuddy, Esq. and Keith Scott Morton to act as my agents and handle all necessary work involved in the subdivision process with the Southold Town Planning Board . Christie A. Morton Sworn to beforq me this 3 day of JY2005. r i ota 1c i I ARETHA THOMAS McLEAN 01 MG5083290 Nato Duan In Bronx Count' My Commission Expires 081111 1111111 IIII IIIA VIII VIII VIII VIII VIII VIII Illi IIII 111111 VIII(IIII Illi IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 08/11/2004 Number of Pages: 5 At: 03 :05:12 PM Receipt Number : 04-0089197 TRANSFER TAX NUMBER: 04-01718 LIBER: D00012336 PAGE: 629 District: Section: Block: Lot: 1000 025.00 04.00 011. 008 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATS $50.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30. 00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO TRANSFER TAX NUMBER: 04-01718 Fees Paid $130.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County P s Number of pages RENRDED 2004 Aug 11 03:65: 11 TORR ENS Eduard P.Romaine Serial CLERK of SUFFOLK COUNTI' L DOOD12336 Certificate e P 629 Prior CIE 9 CTg 04-01718 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Breading)Filing Stamps d FEES Page I Filing Fee I_ / Mortgage Amt. _ Handling 1.Basic Tax TP-584 2.Additional Tax _ Notation Sub Total _ EA-52 17(County) ---� _ Sub Total � Spec IAssit. EA-5217(State) Or Spec./Add. _ RP.T.SA. TOT.MTG-TAX _ Comttt.of Ed. 5 OGS_ FS Dual Tmvn__Dual County rHeld for Appurtionn ent Affidavit a � ,n/�, • Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg.Copy ew) will be improved by a one or two family ---/ `� Sub Total � P " dwxlling only. Other L D YES_orNO GRAND TOTAL l 5 If NO,see appropriate tax clause on page 9 of this instrument. I'0 3 Real Property Tax Service Agency Verification 61 Community Preservation FuAd Dist I Section B lodeI Lot Consideration Amount S 04033990 1000 02500 0400 011000 Stamp 1 6 CPF Tax Due S Date P T S R CFE A Improved tt Initials - u Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Achirm, TD RECORD At RETURN TO: Charles R. Cuddy, Esq. TD 445 tariffing Avenue TD P.O. Box 1457 Riverhead, NY 11901 B Title Company Information Co. Name Title tt Suffolk County Recording & Endorsement Page Tlus longe fomes pan of the anached Deed made b_v- (SPECUYTYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Tovvrlshipof Southold Christine A. Horton In the VILLAGE or HA?&ET of orie0e BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR Fll.IN[, NYODS-Bugain end Sale Detd with Cove*O. ,A u Individual or Caryo.u.(Smglt SbW)(NYBTU 900240 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY W WYFRS ONLY THIS INDENTURE,made the Q 1 Ss day of STA, - ,in the year 2004 BETWEEN J KEITH SCOTT MORTON residing at 25 East 86th Street, Apt it12C, New York, NY 10028 party of the first part,and CHRISTINE A MORTON, residing at 25 East 86th Street, Apt H12C, New York, NY 10028 party of the second part, WITNESSETH,that the party of the fust part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or Successors and assigns of the party of the second part forever, ALL that certain plot,piece orparcel of land,with thebuildings and improvements thereon erected,situate,lying and being in the SEE SCHEDULE A ANNEXED HERETO Tu Map Dempmton Diu Sec. Blk Logs) TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtepances and all the estate and rights of the parry of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the parry of the second part,the heirs or successors and assigns of the parry of the second part forever. AND the party of the first part covenants that the party of the first part bas not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a frost fund to be applied first for the purpose of paying the cost of the improvement and will apply the same fust to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed m if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year fust above written. IN PREMCR OF; Qi CARL BAYER Keith Sc Morton Notary Public,State al Now'1111011 No. 01BA805841500 90W /Cw/r�lm�lealMaF UwAaMORIEDO vyreO MZOWMnXWNEw YodgSAAmaur, EUAmrow7mGwrrtGrtaOwwmmvNewyumSureOAle Slate of New Yoh,Can*of Sp d )W SfinedNew Yak County of )m Onthell dayof J11`1 ntheym 2004 O d. day f in the before n4 to posom0y appeene I ' ' befixtuA heuodesigtrd,P�y, Y� Keith Scott Morton pwmhmorm y(mown m e or ped m m doe begs of was6coxy pumngy known to mm or pmoved to m m too basis of sm is&my ev.. In be also iodividoel(s)wbme name(s)is(ore)suboubod to the =Am=m be do mdiviAd(s)wbm amu(s)a(me)mdmadmd m aha widum msatamd and mdmowkdged to on,dm bekbdOmy,anneal the wimm ammm and actunja gal m me dm holdsol eyamaond the swim to babmthmcmpocfi mh and that by hmkmM=aigmoce(s)m ®oc in lsbheAhm opcky(ia�mddid by li I I i sipmmme(s)on de imskhmmA de k dtvidml(s),or the pence upon behalf of which Or de mmn®em,de mdividaft or de pasm upon bddf of which de m&viAml(a)KIA amend the mttumad de mdwxkd(s)mord,exmded the mtmhmam CARL BAYER / NolatY1 0.01 BnOD 0460 y ubli Quadded In Queen County Commission Expina May 1{,3007 AlmwtmfmomvrFOmAm Rte ft mvXwJbmSKm0A r. AQwwmum7FswwdL&0v®eAbV1baS}A7ffOsdr (New York Subac1h-S W—' Acbwwtdpaat Ce ofi—e) iadgfSw —Forelgm CemdAdwowldpnrnt C&Vkw.) State of New York,County of )n.:. ................ Sas.: 10--Ptwe Yams xial Sm ..Cmaoy.Pmr6ueorAt ddlmvttry) On the day of n the year Wave me,the undemigned,personally appmred On the day of in the year before use,the uodermgued,pmonally appm vd the subsombing witness to the foregoing.mwmmt,with whom I m POMQuallymoquainled.who,being by meduly swom,diddeposeand pasooally known to one or proved to mmre on the basis of satisfactory my that be/shftey teaide(s)in evidence robe the mdividml(s)whose name(s)is(m)subscribed to the within omasum[and admwlatgW to ma thin bo%belthey (ifthe plaor ofmtdmm is N a cGy.Ndude the soevand smt mumbo.i/ executed the sanejo hiNher/thea rapaity(ia),fhat byhistha/their my&-co; that hdsM/ney bow(s) apauus(s)on the in tram mt,the individual(s),or the peaon upon to be the individual described in and who executed the fotcgoing that su h individual madesuc(.h)appearuse before the undersignedexecuted the imumnent.and monument; on that said subscribing witness wpm mt and saw said in the aeceoethe semi mad stmt said wimps at the serne time subscribed (hunt the city or other po idool suddivi ion and the awe or comoy or himbaltlow name(s)as a witness dmto. odkerpbas the arbmwledgmeu mu ukm). HARGAJN&SAL.DUD wtaeovdsem aaaa¢CGMM1Ja's MTS TTME NO. Distau-r Swrm Keith Scott Morton BLOCK LAT TO COUOR Town Christine A. Morton RECORDEDATREQUBITOF Fidelity National Tlde Immanee Company of New York FIDEulYNATIONAL TITLE INSURANCE Charles R. Cuddy, Esq. iv COMPANY OR NEW YORK Rtariffing Avenue - rwrvamanmstaAa Riverhead, NY 11901 c4ii,veACFiddfry.�tc�mi, sn.,seN.w rwasm,tw]eh AawLmw W u 0 oro 3 u LL (y) J 6 s w Q SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: I. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degress 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: I. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42 minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 38.83 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 206.67 feet, RUNNING THENCE along curve to the right with the radius 10 feet, a distance of 15.71 feet, RUNNING THENCE the following three courses and distances: I. North 87 degrees 40 minutes 40 seconds East, 253.21 feet; 2. South 02 degrees 19 minutes 20 seconds East, 245.10 feet, 3. North 87 degrees 40 minutes 40 seconds East, 314.22 feet to lands on a certain subdivision map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No.7045, South 13 degrees 34 minutes 430 seconds West, 524.12 feet to the easterly line of Old Farm Road; RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point of BEGINNING. CHARLES R.CUDDY ATTORNEY AT LAW 445GR1FFINGAV'ENUF RIVLRHEAD,NEW YORK Ma;li�� Address: TEL: (631)369-8200 P.O. Rox 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: chartes.cutIcIvO,verizon.tact April 15, 2005 Hand Delivered Mark Terry Southold Town Planning X� , p��• Southold Town Hall Main Road Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Terry: In connection with an application for a conservation subdivision of the above property, we are enclosing the following: 1. Disclosure Affidavit 2. Authorization Form 3. Sketch plan application 4. Long Environmental Assessment Form 5. Check in the sum of$1,200.00 1/ 6. Eight (8) subdivision maps Please proceed with review of this subdivision. Very truly yours, Charles R. Cuddy / CRC:ik Enclosures Terry, Mark From: Terry, Mark Sent: Friday, March 18, 2005 10:10 AM To: Spiro, Melissa; Trezza, Anthony Subject: Orchard Street Farms "Keith Scott Morton" FYI. Charles Cuddy would like to propose a 80/60 Conservation Subdivision on the parcel. The calculations are as follows: 1. Buildable Lands =15.51 Acres (No unbuildable lands) 2. 80 % Preservation = 12.40 acres 3. Total Yield = 8 lots x 40% = 3 lots 4. Developable Area = 3.11 Acres where 3, 1 acre lots or less Cuddy mentioned this and the Applicant agreed to pursue. Note the SCDOh placed a CSR on the parcel for a three lot cap. Tracking: Recipient Delivery Spiro,Melissa Delivered:3/18/05 10:10 AM Trezza,Anthony Delivered:3/18/05 10:10 AM 1 b Cl IARLES R.CUDDY ;ATTORNEY AT LAW 995 GRIFFING AVENt!F R1\ F.RHEAD,NP\X' YORK mailmg Address: TEL: (631)369_8a)O P.O. R,x 1597 FAX: (631)369-9080 Riverhead, NY 11901 F-mail: charles.cUdy(a%verizon.nel January 31, 2005 Mr. Mark Terry Southold Town Planning Department Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Orchard Street Farm, Orient-Minor Subdivision SCTM# 1000-25-4-11.6 Dear Mr. Terry: We are enclosing eight (8) copies of the proposed subdivision map which we have discussed with you. In accordance with our discussion would you please schedule consideration of this proposed subdivision for a work session. If we could discuss the Flower Hill Building Corp. subdivision at the same time (Ackerly Pond Rd.) I would be most appreciative. Very truly yours, ,r Charles R. Cuddy CRC:ik Enclosures - I ��' �� � ��" �" +� F. -� � «� ``: t_._. 1 � _ 1 � � � � ;�cj�� .�sa � � . . ',.-.� 1, � r, ,.:. �`._ i � '�� �� `� •1� � e Aus ,f -- i� V"Y� F ��. � �iti �4 f \. -_ ��. �,_ �.-.. . _ _ � it � �. _ - � --= e!. +�d� �_.. �� �r �`. A. ,�,''� ^' sr.," ,,,� Vii' �.. 1 ' A STAGE 1 ARCHAEOLOGICAL SURVEY ' for the ' ORCHARD STREET FARM SUBDIVISION ' in ' ORIENT, TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK 1 t ' PROJECT ARCHAEOLOGIST AND CONTRIBUTORS: David J. Bernstein, Ph.D. tAllison J. Manfra The Institute for Long Island Archaeology ' Department of Anthropology State University of New York at Stony Brook Stony Brook, New York 11794-4364 ' October 2005 1 MANAGEMENT SUMMARY SHPO Project Review Number N/A Involved State and Federal Agencies N/A Phase of Survey Stage l;reconnaissance survey. ' Location Location: Town of Southold Minor Civil Division: 10310 County: Suffolk Survey Area Number of Acres Surveyed: 2.013 acres(0.8052 hectare) NYS DOT 7.5 minute Quadrangle Map Orient, New York(1991) Archaeological Survey Overview Number and Interval of Shovel Test Pits: 32 shovel test pits dug at 15 meter (49 foot)intervals Number and Size of Units:N/A Width of Plowed Strips:N/A ' Surface Survey Transect Interval:N/A Results of Archaeological Survey Number and Names of Prehistoric Sites Identified:none Number and Names of Historic Sites Identified: none ' Number and Names of Sites Recommended for Phase II/Avoidance:N/A Report Authors David J. Bernstein, PhD ' Allison J. Mantra Institute for Long Island Archaeology State University of New York at Stony Brook ' Date of Report October 2005 1 1 1 ii 1 TABLE OF CONTENTS ' MANAGEMENT SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii ' LIST OF FIGURES, PHOTOGRAPH,AND TABLES INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' ARCHAEOLOGICAL LITERATURE SEARCH AND SENSITIVITY ASSESSMENT . . . . . . . . . . . . . . . . . . . . 1 Project Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Background Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Environmenta I Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' Site File Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Historic Maps 7 Sensitivity Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Prehistoric Context . 12 Historic Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 tDisturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Testing Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARCHAEOLOGICAL FIELD INVESTIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ' Field Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Surface Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ' Subsurface Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ' CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ' APPENDIX: Shovel Test Pit Excavation Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 1 1 1 1 ' LIST OF FIGURES, PHOTOGRAPH,AND TABLES ' Figure 1. Map of Long Island showing the location of the project area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ' Figure 2. 1991 NYS DOT topographic map,Orient, New York 7.5 minute series showing the location of the project area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Figure 3. Archaeological testing of the Orchard Street Farm subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ' Figure 4. 1975 USDA Soil Map showing the location of the project area . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ' Figure 5. 1797 Map of the Town of Southold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Figure 6. 1858 Chace Map of Suffolk County 9 ' Figure 7. 1873 Beers Atlas of Long Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Figure S. 1904 USGS topographic map,Shelter Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ' Photograph 1. Field crew member excavating shovel test pit in Lot 3. View is north . . . . . . . . . . . . . . . . . . . . . 6 1 Table 1. Project area soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ' Table 2. Known archaeological sites within 1.6 kilometers(I mile)of the project area . . . . . . . . . . . . . . . 7 1 1 ' iv 1 ' INTRODUCTION ' This report presents the results of a Stage 1 archaeological survey undertaken for the Orchard Street Farm subdvision in Orient,Town of Southold, Suffolk County,New York(Figures I and 2). The survey was conducted by the Institute for Long Island Archaeology at the State University of New York at Stony Brook in September of ' 2005. All field data and photographs generated by this survey are curated at the Institute for Long Island Archaeology. The purpose of this study is to determine if the proposed subdivision will impact archaeological remains of t prehistoric and/or historic age. This required archival research and an archaeological survey with subsurface testing. The study was performed in accordance with the guidelines outlined in the Standards for Cultural Resource Investigations and the Curation of Archaeological Collections issued by the New York Archaeological Council ' (1995)and the Phase I Archaeological Report Format Requirements issued by the New York State Office of Parks, Recreation,and Historic Preservation(2005). ' ARCHAEOLOGICAL LITERATURE SEARCH AND SENSITIVITY ASSESSMENT Project Description ' This survey was conducted to determine if proposed subdivision will impact archaeological remains of prehistoric and/or historic age. The project area, located north of King Street and west of Old Farm Road, consists ' of two lots,designated Lot 2 and Lot 3,totaling 2.013 acres(0.8052 hectare)(Figures 2 and 3). Background Research ' Environmental Setting. The project area is located in Orient on the North Fork of eastern Long Island (Figures 1 and 2). It is situated on the outwash plain of the North Fork,just south of the rolling hills of the recessional moraine,a geological feature created over 15,000 years ago by meltwater runoff from the Wisconsin ice sheet(Sirkin 1995). Topography is gently sloping,with an average elevation of 23 meters(76 feet)above mean sea level. The nearest potential source of fresh water consists of a kettle pond located roughly 457 meters(1500 feet)to the south(Figure 3). t The project area consists of actively plowed farm fields. Disturbances appear to be limited to the southern portion of Lot 2 along King Street(Figure 3). Disturbed areas have a low potential for the presence of intact archaeological deposits. Soils in the project area are Haven loam,0-2%slopes(Figure 4). This soil series consists of deep, well drained,medium textured soils with low natural fertility(Warner et al. 1975:71,Table 1). ' 1 1 1 1 1 w A TlA� >T 1 project area ' � LONG 78 D 9OUN➢ R1b PW ' ..NSG �... �....��. N YORK � ayy 4wM pFY ..�.� S A: C. NfY Nw. n ATLANTIC'.- OC'&AN � t 1 1 Figure 1. Map of Long Island showing the location of the project area. 2 IN � F e �t��ri $rc s "aa PW r, a Fe project area-- 0 - rien rea,0rien 1Y Ge'r c Amb .-•®r •� s ap0`�yr' .g \1 1 ' Figure 2. 1991 NYS DOT topographic map, Orient, New York,7.5 minute series(scale 1:24,000)showing the location of the project area. 3 1 1 1 - - - o< oma svxt �(NI � q { b r ti od T B y i or 'bota2M 1�gYOb R4 �3E9`42 t 1 �If _ slm 1 m 1 r bib D ormer v al yl „ - / NpT{O'�£314.]2 a wec r° gvild:ng '. AYeQ � to 0 f .�raeter x 1� 542'25 3�vs,]00.00 �v W Area 13.499 Acres x 4> .=o3ervat nn Area = 12459 Acres EO N ,riding Area = :.040 Ac^es , E45 y rcdl ' M Ic Qac e rocs � S r E15 E45O P LL N 150o cro ,< ry a•n•3r .z y O r electric fence a ;� N135 a = p O Q oho O _ a" 0 N25 p. 2� Argo = _oob Acresp y0 'ft-N120 < N15� O O O p O v ®° Lot 2 0� Lot 3 N105 1 WNO p O O O i.aw now or Kc3A7i o— ^'^1 p ` PlayD _ S30— '49� qjR S45— S60- / ' A mapping datum O sterile shovel test pit(STP) 0 15 30m < photograph angle 0 49 98ft ' Figure 3. Archaeological testing of the Orchard Street Farm subdivision. 4 � � � � �y ƒƒ\ ��e � Figure+ ,975 a_Soil Map showing the location of the project area. 5 � 1 a MEN Photograph 1. Field crew member excavating shovel test pit in Lot 3. View is north. tTable 1. Project area soils Name Soil Horizon Depth Color Texture Slope% Drainage ' Haven loam A:0-8 cm(0-3 in) ilk gb Im 0-2 well B1: 8-25 cm(3-10 in) dk bn Im B2:25-48 cm(10-19 in) ob Im ' B3: 48-70 cm 19-28 in b Im w/ v ' Site File Search. The files of the New York State Museum(NYSM),the Office of Parks,Recreation,and Historic Preservation(OPRHP), Suffolk County Archaeological Association(SCAR),and the Institute for Long Island Archaeology(ILIA)document six prehistoric archaeological sites within 1.6 kilometers(one mile)of the project area. There are no State or National Register of Historic Places listed or previously determined eligible ' properties within or adjacent to the parcel(Table 2). ' 6 1 Table 2. Known archaeological sites within 1.6 kilometers(1 mile)of the project area. tSite identifier Site name Age/Cultural Affiliation Comments A10310.000261 King Street prehistoric? Noted on the Southold Bicentennial map. ' A10310.000254 Major Banks prehistoric? More information is available at the Southold Indian Museum. ' A10310.000008 Five Acres prehistoric Extensive shell midden. Indian Village A10310.000263 Orient Flaking prehistoric Small workshop near village. Station/Hallock site ' A10310.000262 Peters Neck prehistoric? More information is available at the Southold Indian Museum. A10310.000253 Mount Pleasant prehistoric? More information is available at the tSouthold Indian Museum. Historic Maps. A survey of late eighteenth through early twentieth century maps reveals minimal ' documented activity in and around the Old Orchard Farm property. The 1797 Moore Map of the Town of Southold (Figure 5)depicts the approximate route of Main Road(New York State Route 25)through Orient. A linear settlement pattern is shown along Main Road in Oysterponds(present-day Orient). No structures are shown within or adjacent to the project area south of Main Road. ' An increase in settlement in Orient is shown on the 1858 Chace Map of Suffolk County(Figure 6). The inset for this map shows the historic nucleus of the Orient community along Village Lane west of the project area. A ' few homesteads are also shown along Orchard Street north of the project area and along King Street to the southwest. No structures are shown within the area of potential impact. A similar settlement pattern is shown on the 1873 Beers Atlas of Long Island(Figure 7). Homesteads line Main Road, Village Lane,King Street and Orchard Street. However,the project area remains devoid of structures. ' While the 1904 USGS topographic map(Figure 8)does not indicate land ownership,it does provide information about natural features and general use of the land. This map depicts the project area as relatively ' unchanged since the eighteenth and nineteenth centuries. No structures are shown within or adjacent to the property. The survey of historic maps indicates that the project area witnessed minimal development during the historic period. 1 ' 7 1 � � � � � � � . t � � d . � e+ ,797+e Map of the Town ofSouthold+m;_!_eme*along Main Road6Oyster Pon t ` � l .&ft .It}.• � i J � i EAST MARIONp URMN'l 80ALt �� �`' - $*ALI ' � a.•r.r..rrA. i :s•wr. i r i 1 hoject area ' Figure 6. 1858 Chace Maps of Suffolk County showing increased settlement in Orient west and north of the project area. 9 1 ti f ^ � 5 ft r 'r7i�r � �s 5 1 � d w t i 5 t 4 G ,ilf"p YY.X { .': h. 7i f�l�� % 7tq fFF i� 5ft' a5 ' .t � f .■y. 1 Figure 7. 1873 Beers Atlas of Long Island. No structures are shown within or adjacent to the project area. ' 10 1 ` .pm}eCt_are2� SFr~ ° Y� f F„ 3 i�4tiyv�; N a �: f i / t 7 .'f 'f tva.`^`• 'ft 'itit yep, f �/ r V ' f r ftp fs �d + f (5.... fl f�tf i� ' �1 Figure 8. 1904 USGS topographic map of Shelter Island, New York showing the project area north of King Street. ' 11 1 1 Sensitivity Assessment ' Prehistoric Context. Although little modem archaeological research has taken place on the North Fork of Long Island,the region is known to have been well-populated by Native Americans prior to the European arrival in the seventeenth century(Ritchie 1959; Smith 1950). The Orient region would have been attractive to prehistoric ' peoples, as marine resources such as fish, water fowl,and shellfish were available nearby,and upland areas contained game and edible plants. Similarly, areas adjacent to freshwater wetlands would have provided abundant natural resources,and thus acted as focal points for human activity. ' The project area has a moderate sensitivity for the presence of prehistoric remains based on the proximity of known sites and favorable environmental conditions. ' Historic Context. The English permanently settled the northeastern end of Long Island in the mid- seventeenth century. At the time of contact the North Fork was occupied by the Corchaug Indians,speakers of the Mohegan-Pequot-Montauk Algonquian language(Salwen 1978). Oriert has been a fishing and farming community ' since the mid-seventeenth century. Based on the results of the site file search and the historic map overview, the project area has a low sensitivity for the presence of historic period Euro-American sites. Disturbance ' As mentioned above, disturbances appear to be limited to the southern portion of Lot 2 along King Street (Figure 3). Testing Recommendations ' It is recommended that Lots 2 and 3 of the Orchard Street Farm property be subject to a surface survey and subsurface testing. Subsurface testing should consist of the excavation of shovel test pits(STPs)at 15 meter(49 foot)intervals to verify suspected disturbance and to ascertain if archaeological remains are present beneath the ground surface. 1 1 1 1 ' 12 1 ' ARCHAEOLOGICAL FIELD INVESTIGATIONS ' Field Methodology A two phase survey design was employed to search for archaeological remains in the project area. Similar ' survey designs, used in other areas of Long Island,have proven successful in detecting prehistoric and historic sites (Bernstein et al. 1999; Lightfoot 1986). The initial phase of the survey involved a surface reconnaissance and inspection intended to locate large and easily visible remains. The second phase entailed subsurface testing. ' Surface Survey The cultivated fields were walked over in September 2005,with special attention given to examining the ' recently plowed soil for artifacts or other surface manifestations of past activity. Vegetation patterns and topographic features which might provide insight into early land use were also noted(please see above). Ground surface visibility is good throughout the project area(Photograph 1). No cultural material other ' than recent debris(i.e., less than ten years old)was encountered during the surface survey. Subsurface Testing ' The second phase of the field survey consisted of the excavation of shovel test pits(STPs)designed to detect the presence of archaeological remains buried beneath the ground surface. Mapping data were established at a fence post along the western edge of Lot 2,and at a concrete monument south of Lot 3 (Figure 3). All of the test ' units are designated using metric grid coordinates relative to each mapping datum(Figure 3;Appendix). The project area was tested at 15 meter(49 foot)intervals. Subsurface testing was performed throughout both areas of potential impact(APE). ' A total of 32 shovel test pits was excavated in Lots 2 and 3. Shovel test pits have a diameter of approximately 40 centimeters(16 inches). All of the shovel test pits were dug well into the B2 subsoil,typically to 60 centimeters(24 inches)below the present ground surface. The soil from each test unit was screened through six ' millimeter(1/4 inch)wire mesh to aid in the identification and recovery of cultural materials. All photographs and field notes produced during this survey are curated at the Institute for Long Island Archaeology at the State University of New York at Stony Brook. ' Results. The specific data recorded in the field for each shovel test pit, including information on soil stratigraphy and cultural material, are presented in the Appendix. ' The general characteristics of the soils found in the project area are discussed above in the Environmental Setting section. The plow zone(referred to in the Appendix as the pz horizon)consists of a homogenous layer of medium brown clay loam,and extends from the ground surface to roughly 31 centimeters(12 inches). It is underlain ' by the lower subsoil(B2),an orange brown clay loam. The B3 substratum(yellow brown clay loam)was reached in five shovel test pits. Two shovel test pits in the southern portion of Lot 2 contained disturbed soils below the plow zone. This disturbance appears to be associated with the edge of the residential lot to the west. In Lot 3,four shovel test pits contained a layer of fill below the plow zone(Appendix). No prehistoric or historic period artifacts or features were encountered during subsurface testing. ' 13 1 CONCLUSIONS AND RECOMMENDATIONS ' Archival research and archaeological investigation for the Orchard Street Farm subdivision in Orient, Town of Southold, Suffolk County,New York indicate that the project area witnessed minimal discernable human activity ' in the past. A total of 32 shovel test pits was excavated in Lots 2 and 3 of the property. No prehistoric or historic period artifacts or features were encountered. No further archaeological investigations are recommended. 1 1 ' 14 ' REFERENCES ' Bernstein, David J., Michael J.Lenardi, and Daria Merwin 1999 Stage IB Archaeological Survey of the Kycia Property, Head of the Harbor,Town of Smithtown, Suffolk ' County,New York. Institute for Long Island Archaeology, State University of New York at Stony Brook. Lightfoot,Kent 1986 Regional Surveys in the Eastern United States: The Strengths and Weaknesses of Implementing Subsurface ' Testing Programs. American Antiquity 51:484-504. Ritchie, William A. ' 1959 The Stony Brook Site and its Relation to Archaic Transitional Cultures on Long Island. New York State Museum and Science Service, Bulletin 372. The University of the State of New York,Albany. Salwen,Bert ' 1978 Indians of Southern New England and Long Island: Early Period. In Handbook of North American Indians, Volume 15, edited by Bruce Trigger, pp. 160-176. Smithsonian Institution, Washington D.C. ' Sirkin, Les 1995 Eastern Long Island Geology with Field Trips. The Book and Tackle Shop, Watch Hill, Rhode Island. Smith,Carlyle S. ' 1950 The Archaeology of Coastal New York. Anthropological Papers of the American Museum of Natural History 43:95-202 Warner,J. W. Jr., W. E. Hanna,R. J. Landry,J. P. Wulforst,J. A.Neely, R. L. Holmes and C. E. Rice 1975 Soil Survey of Suffolk County,New York. U.S. Department of Agriculture, Soil Conservation Service, Washington, D.C. t 1 15 List of Maps Moore, T. 1797 Map of the Town of Southold. Copy on file, State University of New York at Stony Brook. Beers,F. W. 1873 Atlas of Long Island, New York. F. W. Beers, Comstock and Cline,New York. Chace, J. ' 1858 Map of Suffolk County, Long Island, New York. J. Duglass, Philadelphia. Hyde, E. Belcher ' 1896 Atlas of Long Island, New York. E. Belcher Hyde,Brooklyn,New York. New York State Department of Transportation 1991 Orient, New York. 7.5 minute series. New York State Department of Transportation,Albany,New York. ' United States Geological Survey 1904 Shelter Island, New York. 15 minute series. Department of the Interior, Washington, D.C. 1 1 1 ' 16 APPENDIX: ' EXCAVATION AND ARTIFACT INVENTORY Basic descriptive data from the project area are presented in the following appendix. Excavation, stratigraphic,and artifactual information are included. Excavation information includes shovel test pit(STP) ' coordinates relative to mapping datum, level number, stratigraphic designation(stratum), and starting(SD)and ending(ED)depths(in centimeters)for each excavated level. ' The following abbreviations are used in the appendix: ' Stratum Soils 132-lower subsoil bn-brown B3-substratum cl-clay(ey) dist-disturbed cb-cobbles pz-plow zone gv-gravel lm-loam(y) It-light ' md-medium mo-mottled ob-orange brown t pb-pebbles st-silt(y) yb-yellow brown 1 1 1 ' 17 1 1 APPENDIX: LOT 2 ' SHOVEL TEST PIT EXCAVATION AND ARTIFACT INVENTORY ' STP SD ED Stratum Soils Cultural Material N25/E15 0 26 pz and bn cl Im 26 60 B2 ob cl Im ' N25/E30 0 28 pz and bn cl Im 28 60 B2 ob cl Im N25/E45 0 29 pz and bn cl Im ' 29 60 B2 ob cl Im N25/E60 0 29 pz and bn cl Im 29 60 B2 ob cl Im N15/E15 0 26 pz and bn cl Im 26 60 B2 ob cl Im N15/E30 0 26 pz and bn cl Im ' 26 60 B2 ob cl Im NI5/E45 0 35 pz and bn cl lm 35 60 B2 ob cl Im ' N15/E60 0 32 pz and bn cl Im 32 60 B2 ob cl Im NO/E15 0 35 pz and bn cl Im ' 35 50 B2 ob cl Im 50 60 B3 yb cl Im NO/E30 0 30 pz and bn cl Im 30 40 B2 ob cl Im t40 60 B3 yb cl Im NO/E45 0 33 pz and bn cl Im 33 42 B2 ob cl Im ' 42 60 B3 yb cl Im NO/E60 0 32 pz and bn cl Im 32 60 B2 ob cl Im ' S15/E45 0 40 pz and bn cl lm 40 60 B2 ob cl Im S 15/E60 0 36 pz and bn cl Im 36 45 B2 ob cl Im 45 60 B3 yb cl Im S30/E60 0 19 pz and bn cl Im ' 19 60 B2 ob cl Im S45/E60 0 16 pz and bn cl Im 16 60 dist mo ob cl Im ' S60/1360 0 22 pz and bn cl Im w/pb&cb 22 55 dist mo ob cl Im w/pb&cb 1 ' 18 APPENDIX: LOT 3 ' SHOVEL TEST PIT EXCAVATION AND ARTIFACT INVENTORY ' STP SD ED Stratum Soils Cultural Material N150/EO 0 36 pz and on cl Im 36 70 fill It gr st Im N150/E15 0 31 pz and bn cl Im 31 60 fill It gr st Im N 150/E30 0 42 pz and bn cl Im 42 60 B2 ob c Im w/pb&gv N135/EO 0 32 pz and bn cl Im 32 60 fill It gr st Im ' N135/E15 0 29 pz mdbncllm 29 60 fill It gr st Im N135/E30 0 35 pz and bn cl Im ' 35 60 B2 ob cl Im N120/EO 0 32 pz and bn cl Im 32 49 B2 ob cl Im 49 60 B3 yb cl Im N120/E15 0 34 pz and bn cl Im 34 60 B2 ob cl Im N120/E30 0 32 pz and bn cl Im 32 60 B2 ob cl Im N105/EO 0 36 pz and bn cl Im t 36 50 B2 ob cl Im w/pb&cb 50 60 B3 yb cl Im N105/El5 0 28 pz and bn cl Im 28 60 B2 ob cl Im N 105/E30 0 38 pz and bn cl Im 38 60 B2 ob cl Im N90/EO 0 33 pz and bn cl lm 33 60 B2 ob cl Im N90/E 15 0 30 pz and bn cl lm w/pb&cb 30 60 B2 ob cl Im ' N90/E30 0 32 pz and bn cl Im 32 60 B2 ob cl Im ' 19 1 _ � - .. �- _ ` .. �� __ �� - � _ r .. _ - _ _ _ "' , - .- ��� e � _. f aYC -moi r � _ l �_ _ �____ f�. � � i � ...tib` ,� \ fes`� � �� _ _� � �\ _ �� 1 !�, _ � I - j 1 ti's 1 � _� �� � � � --- � - fl . dao .p r� V rs „n 12 / 1 1 / 2006 �y v a' �t 12 / 11 / 2006 - 71:911 1q�r , .. _ G.P �� � � �I ri .e �T I 2 :' 11 2006 v� E 12 / 11 / 2006 ` 3 _ WPM 42 1211 / 2006 --�."-" _ a`. •r , � t Irk lk 44 421 1 2'006 A. Y fir` yam. 12 / 11 / 2006 12 / 112006 f s 12111 / 2006 x `. i s, 12 / 11 / 2oos R � W f Tr Tr 12 / 11 / 2006 I v0- 6 L i . r >a_ " T Y . / �� .� ■ w 2006 y .�„ ... . - �'. _... M � t _ ..y. - -+cam=fw „e- �a.4 a h. _ w= � 1 n S Y r or 12 /. 1 1 / 200'6 1 , l _ 12111 / 2006 F i H(! Y K . `,f�^] ' f x'�.� -µ`�,�# d": •* .nom /yL^�'� 12 / 1 1 - / 2000 } 4 " P i `4s.fir. 12 / 11 / 2006 r Y rr' f4' 12 / 11 / 2006 y 33 i f � � w. ry 12 / 11 / 2006 . ;1 t ga 41 os l A xY x�r- •:' .. -- � i!'W .. .., � _HT1. f>� '�r1`5""..w...r.•...r....�.-bar :_..-„� . .a.»w� R 'fie ' as 12111 / 2006 "iitya:: - - • i yrs 'r. . u / Y, P. pollp Z at r A. 6 a, a• '� ''6. r`T� LASER FICHE FORM SCANNED SUBDIVISIONS FEB 2 7 2007 Records Management Prosect Type: Conservation Status: Final Approval SCTM # : 1000 - 25.-4-11 .8 Project Name: Orchard Street Farms Location: The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. Hamlet: Orient Applicant Name: Keith Scott Morton Owner Name: Keith Scott Morton Zone 1 : R-80 Approval Date: 2/12/2007 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: Cand R's : Homeowners Association R and M Agreement: Address: County Filing Date: SCAN Date: CONSERVATION T a� � s ` IF �I� W _ E T6 Irlo—e NB 3750' .I„ D-5T � '`,..� SUBDIVISION MAP o'I ����� ea � o nY - FI s "ORCHARD STREET FARM" N _ n `°_E `or�, � m� a of o° o6p ;r ;� 0 to 1 , 0 O , (lp Q° Op L 95 .o JIB / pom x, T Gyp ;�= _ AT ORIENT `a o` a l it � � � j . TOWN OF SOUTHOLD aw J N s an nOW T Lord Forme�o of. �09'50'O0m T•49'00•E 122 O O o o 1 p ^e^ r oe r l90 FLCJHL - / / W. 50 7466' 969.42'2O'E' L,� o o / <e er p.^�q b II' p T Can ? f ¢� 119 I /S1' O .� ter SUFFOLK COUNTY, NEW YORK ���_ *�* _ —� — � _IT r I E r. - ._ r P,a, �-, I �_,� Iti ... - Sep ���v ��� Il IJ---- Land __t��J I II 1r I 1 erly Land now or form r E 1 I J�_ �r_ Roo of-S E Reeves SUFFOLK COUNTY TAX MAP NUMBER M°rI ti - - —L - 1000-25-4-11.8 ha kei W CERTIFIED TO: Goti�l ( 1 �I of ti 2� h5cattormer KEITH 5r-OTT MORTON / �,IwA� ar La[haml OP. 1 1 1 II'I ml err a Marf n W. �}�� Land Ann N y "� -If I ./ '26'30"E . E NOTES: I / D//�//D J� 122 04' N5?aao NI PROPERTY ZONED A5 R-80 o Test Holes tl Sea Level Mapping TYfa GAL PLOT �Lf�IV II �b Te,l wale.h dated: 2/17/01 not to scale AREA = 615,695 5f or 15512 ACRES wl NBT'40'40"E 314.22' y ail I I Area al Test Hole tt Test Hole # 2 now or former) OI' LanArhtur H 5mlth, 5r Iwo 6ulldln9 I %I eL 1l e1, el ROAD MAP AMENDMENTS: a W1fe If I — — Aprll II, 20051 June 29, 2005 July 5 2005 1 _ II'I _ �_ II O' , 0 July 19, 2005 m# formerly oP I 2'26'30"W�O�� l�! III 5r a r, Land nFa RogerT. ster, r ,l 11 l- i '170', • - houee Lot I e w.ri Area = 13.499 Acres `off QQ - - -- �� ervation Area = 12.459 Acres a �rQeurPI Goyoil n - Euilding Areal = 1.040 Acres Fg Q` Ao HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR SEWAGE DISPOSAL SY5TEM(S) �nu}oo merly oP, >a wel nd no'�or r E N8T'40'40"E 113.66' $v a o el. 3.0' IA E'Nater 13' water GT YIERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A L r L Tab N LL FOR THIS PROJECT Gay V iT water water D WATER CONDITIONS,ALL sen E. Tabor srhuna eruund AND ROUN r VII CAREFUL AND THOROUGH STUDY OF THE SUFFOLK SITE 6 Mau e LOTS, A5 PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES r-�- d"+� � a �� I s 0 � - a CONSTRUCTION STANDARDS IN EFFECT A5 OF TH15 DATE. I. \o __ _ _ __ __ nrr __ -, $ in Sel Vol i stNu � IQ 3 former' 1 ._o° 9� N d7 M w n I of or m 6^ LanEdwara J. wrl hhtE N6a•n'e "E zu n' , I; br TYPGAI� WE1<I- �Ifl 3 P m J05EPH F15CHETTI P.E. DATE Glalre A Wr 9 rII VC o01 0' ui not to scgle Lot 2 \ EX s.N1 TEST WELL mo-1 G5TO w BE IIBEO OP OaMESTIG HELL BYB/EMS - ml Area = 1 006 Acresv�Apra F,x+s„Fn Cdo, s*r:k s+=xoH�" a,_ SEPTIC SYSTEM DETAI< Ps per B2 GLLLIN FOR 4 BEDROOM RESIDENCE I� v u4 00 NOT TO SCALE w Neo°say 13 I 3.22 rl Orme y w I CAST IRON FRAMES Land naw or Kin dSi •� (� I I HEREBY CERTIFY THAT THI5 MAP K-6 MADE BY US FROM ACTUAL SURVEYS R1evOl b1e rust 162 •W ,� 0 UgANv covER6 To sRAoe COMPLETED NOVEMBER 1998 AND THAT ALL CONCRETE MONUMENTS SHOWN THL15: 7D 7.00 w m•S'1 p'9/ �/ Gaouxo eATEH sveMEaSISLE HEREON ACTUALLY EXIST AND THEIR POSITIONS CORRECTLY SHOWN AND ¢I 6"FLAT ToPcftEID covert s �aiL'vns EF ALL DIMEN51ONAL AND 6EODETIC DETAILS ARE CORRECT. 4955'h' /�1 nxlwloee a1 Is I'To aRAVE vEn xlxuTe 0 Lanq no, emmamerly ofP_� III Lxara _��,.�-yyyy.�.�.. ________ _ 0 vao.,FP 1F ' O ~ MIN 4 IA PIPE e®® ----- - EHLERS N.Y.PL-S. LIC a 50202 �/ M�,raM rv' iM'n1x bl 90 Ir p 10' : /e"pER POOT ___ � MwI a�oln'gpE ie®® eq, / I'MIN 90d5P. y, -R� '1. 3'n ryp, Vf ICED IC TANK 2 v 61OG W,LLL P1' �. ar1?1 ;A Ngp '40,W serrlTANK $R 3 � MONOLITHIC AREA i b x Y a rm-,= , !,y'ST,' _ "'•'5--_ 31657' of DePTH " / < b'EFFEGTIVE 110R ZONTALLY AND 6-VERTICALLY A RCMOVE IMPERVIOW SOIL WITHIN ; b V oop¢enngre¢Lansea11-1 ,lentlrawveyor areae)•, a, rte^ 6A4KFILL WITH GLEAN MATERIAL. ,i MINMM EEFAMTION FROM eol•t,on o ect,en ]209. ¢ea-a,v,¢,on 2, of the SISSUI HIGH ORWD WARR New York State EOe[a[,on Lae ¢1.30 EEAEONAL H16H "oily ror,ee from tn¢ oof the o+ tn,e a vey 6ROYNO WATER marked with a he one] de the oAnd les veyor'e ek ¢tamo¢e ¢¢.1 ¢navue¢ ¢uu¢,eeree to le .ane true TABLE OF AREASerti%, -mo , r•tea ndroon nidal', t,at t,,a vev w red in accurdeld. .,to to. e - SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES tOTAL AREA = 15.512 ACRES by¢aunneg elle of Pratt— for Leee sa «ye emote, xew 1111, s.ee Ar=er,auer, or rrur¢a¢roue, Hauppauge,New York BO% TO BE PRESERVED = 12459 AGRE5 Lana sxr-orrs. s.re r¢rt,r,a.t,nn¢ ¢nal, rdo -I ;20% LEFT FOR DEVELOPMENT = 3.053 ACRES to the ueraun fur wn m the . vev , orkI old on n:e banxx to IDs title r .ny.e9overnmen- _OT BUILDING AREA = 1.040 AGRE5 tic ag•nw eNa leemnG ,nautxuun �st¢e herein, and e the . e aur the 1¢nmny fat,tluun cert,nee- Thisistocertify that the proposed Realty Subdivision or Develop et LOT I TO BE CONSERVED = 12459 ACRES t uon¢eare not trokeferabl• to additionalnInat°e.t«s° for LOT 2 AREA = 1 006 ACRES r with a total of lots was I-OT 3 AREA 1.00-7 AGRES aepppprrooved on the above data.Water Supplies and Sewage Disposal ParalitieR must conform to construction smuderds in effect at the time of construction and are subject to separate permits pmsueot In those standards. Thu approval shall be valid only if the realty subdivision/development map is duly fila)with the County Clink within one year of this date.Consent is hemby given for the Mug of this map on which this endorsement appears in the Office of the County Cledcm SANITARY SYSTEM DESIGNED BY, JOHN Ce FREERS LAND SURVEYOR accordance with pmvleione of the Public Health Law and the Suffolk JOSEPH FISGHETTI, PE Canary Sanitary Code. SOUTHO D HOBARNYRI 971 N.Y.S. LIC. NO. 50202 631-165-2954 6 EAST MAIN STREET Vrro A MINffi P.E. RIVERHEAD, N.Y. 11901 Director,Division of Enviroamemal Quality GRAPHIC SCALE 1 "=100 ' 369-8288 Fax 369-8287 111 SERVER\F\pros\98-267.proV8-267 eonserv_sub.pro 0 100 200 300 1/19/200511A1AM \WP SERVER\F ro5\90-261. ro\96]bl coreerv_avb