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1000-35.-1-4
LOCATION MAP I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED SCALE:1"=600' FEB. 03, 2000 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: ■ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. et\`I OAeOAe 0 DAVID H. FOX TE �\ N.Y.S.L.S. N 50234 t9 {011TN ne \ lJb"4 � \ tN R°'OND " � "IHEREBY CERTIFY THAT THE WATER SUPPLIES AND/OR SEWAGE DISPOSAL SYSTEMS FOR 01 OGo0 \ le q aq \ mi NOR y THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED ON A CAREFUL N1 S O• yb m AND THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, / �.;-^' ,✓ Ppt�00y �` �SQO �, \ f�$ A As PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE.' e, 4 0� 1�N 10�dNmwe�,l \ QO ` / \ OF NEW e1{� o� r t {01 ot`10 ` L¢ o APPROVED �t'>'' I l�O\ � l Q \ d' V`j O• G � � o� � � �•� J � \.'`` '� F` pLANNVhdG BCIARJ Ge0<9 \ s^J 0 71 i E \� \ \9e d �Eo FP�sE PLOT PLAN. TOVVN CF SOUTHOLD - TEST HOLE #1 TEST HOLE #2 ' L Q 07 1. 9 `otld`m9°m\` @ \ \ ��. rnma (IA., 0e z z) OCT n, 2006 .O.Ns. N.Y.S.P. $ 501 DATE '�p, .r ^\ 00 uniNessm er S.C.D.H.S. p O70y01 Py MICHAEL D MAPES f 011- °a'. \' z {.OL 5o\ ` yi\ i�i °.° RORE8810� E. 70 DATE lvJ r A 7 P,OPEs,.Oi,E (tn6<ty \11 °4 G \\ ApSa� 1g9 A9 2N TT y8 y ///'\\ _04 \\\\\P`ry� //pOPO PjNO O��0o O \ `s JJ °Aµ0 L0 ma saL 1.° r-------'-'----1 DECLARATION OF COVENANTS AND RESTRICTIONS ry f0 SL . P JF• 2 n0•N p105 1'1p505 \ o:�s \ lk I) \0 �• �� T/ \ 1. ACCESS TO LOTS 2 & 3 SHALL BE FROM A COMMON DRIVEWAY OVER LOT 3 AS e 1 \ 0 s. . y 7 Prat oP01' 1 °' aq'o°` �'\ `' Y A b.�a 4TH w,?' �p3 tip /� ,, SHOWN ON THE APPROVED MAP. YO\11 �J°p°r� 1 108 i� `ry. g'1'� '1• v� nousE 2. ACCESS TO LOTS 4 & 5 SHALL BE FROM A COMMON DRIVEWAY OVER LOT 4 AS 1 n• £qb , o i ' \\ \\ IPte° F1°9 \i 6,y0'ui pR\`I�'`P ,y00 / \ BANOL snx0e j OSAVEL OOAon SHOWN ON THE APPROVED MAP. a•S9 `,1OtOc\ud°c9 / \ S OSEp �.11P� / 3. ACCESS TO LOT 1 SHALL BE FROM A PRIVATE DRIVEWAY. YN6 ot:„fi i 7,s- {yOP pF11 0 \ ( 4. ACCESS TO LOT 5 FROM MAIN ROAD (NYS RTE. 25) IS PROHIBITED. �, / 'tea j 'T 0, h 5. ALL DRIVEWAYS SHALL BE CONSTRUCTED OF PERVIOUS MATERIALS. \ \? pSF-p-( 6P / PR N6"'p�yl^ S. 5. \i' M1N Mim. . ALL STRUCTURES WITH IMPERVIOUS MATERIALS SHALL CONTROL AND RETAIN SURFACE \ OP NtP 00 i \ 'o. \ " = WATER RUNOFF THROUGH THE USE OF GUTTERS, LEADERS AND SUBSURFACE DRYWELL TDwn0fSDuthOld \ /' n.0 - iso - 7 / \ �� \ �° . THE USE OF NATIVE PLANTS AND DISEASE RESISTANT AND DROUGHT TOLERANT PLANTS fleStflCt n O.yS�" \ {,Ot 2s4� \ t�!• \ ARE REQUIRED IN LANDSCAPING THE LOTS IN CONNECTION WITH SAID REAL PROPERTY. `j�(�n _ 1I . l a• % 3 \ �hgh s - _ _ ._,- _ _ _ B. THE USE OF SYNTHETIC PESTICIDES ANWITH D FERTILIZERS IS PROHIBITED IN CONNECTION Rono waTEre„°o, SAID REAL PROPERTY. \\ PREg \� u• OO1 20 \ \\ \ �" °� \ 9 E OPEN EWN SON CE AREA ON 5 IIS SUBJECT TO A 25' WIDE LANDSCAPED BUFFER AS MO 10. NO FURTHER SUBDIVISION OF ANY LOTS REFLECTED ON THE SUBDIVISION MAP CO�`SgM <i'�% .0°Nc'sr SHALL BE ALLOWED, IN PERPETUITY. �' \ a fl \ m PO�Py �Pi/ \ -V'N \ 00 °' °m \ 11. ANY AND ALL CHANGES TO THE LOT LINES OF ANY OF THE LOTS IN CONNECTION 61• \ 5 gh s \ �p PR gC�' / \ \� ,E,, Fj \ WITH SAID REAL PROPERTY SHALL REQUIRE APPROVAL BY THE PLANNING BOARD pt p62 .� 0 i ° 4 \ Peo'V \\ \\ �`s 0'3Q� {OCtnOtot \ OF THE TOWN OF SOUTHOLD. tp. S "° 01 cfl0`Itr 12. PURSUANT TO SECTION 240-49(C) OF THE CODE OF THE TOWN OF SOUTHOLD, THE \ �Ot rygSg2y ° ° a0 t� AS GpOt\ea� l � (1)EARING LOTS 1ROTS THROIUGH N4 INCLUSIVE:FOR SAIDL60% OFEEACHFLLOT SITE SHALL BE PERMITTED TO %\ s\ Pte° F1o9 \ • • p0 L°J' BE CLEARED \ 4m\ (2) LOT 5: 205 OF SAID LOT SITE SHALL BE PERMITTED TO BE CLEARED.13. ALL RESIDENTIAL STRUCTURES BUILT OR LOCATED ON LOT 5 OF SAID SUBDIVISION \ 6\ P\eo i o. P; MAP SHALL ONLY BE PERMITTED WITHIN THE BUILDING ENVELOPE OF LOT 5 AS \ c 5 et\y py 'O REFLECTED ON THE APPROVED SUBDIVISION MAP. ,e°E�, 632 {Ot V\15 0• 14. THE AREA OF SAID SUBDIVISION MAP DESIGNATED AS "OPEN SPACE AREA" SHALL �sE` y0• 01 Okso V(r5 BE SUBJECT TO AN AGRICULTURAL CONSERVATION EASEMENT THAT WILL BE FILED IN `\ THE OFFICE OF THE CLERK SIMULTANEOUSLY WITH THE SUBDIVISION MAP. p0 .\5 C\ O,L50 Ppt�\\e1` awaz�we d� 15. A BUFFER ENTITLED "25' WIDE LANDSCAPE BUFFER" WITHIN THE OPEN SPACE AREA g•5• ,. Jyo° FOR LOT 5. AS SHOWN ON THE APPROVED SUBDIVISION MAP, SHALL BE PRESERVED \ _ •Pp �� AND LEFT IN ITS NATURAL STATE. i. 16. ALL FUTURE PROPERTY OWNERS/RESIDENCE OF THE LOTS IN CONNECTION WITH SAID o REAL PROPERTY ARE HEREBY NOTICED THAT THEY MAY BE SUBJECT TO NOISE, DUST LP _ 4 AND ODORS NORMALLY ASSOCIATED WITH AGRICULTURAL ACTIVITIES PURSUANT TO 22 0 \\ D ARTICLE XXI, FARMLAND BILL OF RIGHTS, OF THE CODE OF THE TOWN OF SOUTHOLD. 0 O to r. O A 17. ALL STORMWATER RUNOFF RESULTING FROM THE DEVELOPMENT OF ANY OF THE LOTS 6 o R IN CONNECTION WITH SAID REAL PROPERTY SHALL BE RETAINED ON SITE AND SHALL BE THE RESPONSIBILITY OF EACH PROPERTY OWNER. GUTTERS, LEADERS AND SUBSURFACE St o / ` /// / 0: '�3M �1N¶1 ROAD DRYWELLS SHALL BE INSTALLED IN CONNECTION WITH SUCH DEVELOPMENT TO CONTAIN 0 / / / .� NOR SURFACE RUNOFF. 0 /// 18. PRIOR TO CONSTRUCTION ON ANY OF THE SUBJECT LOTS OF THE SUBDIVISION, SUCH /�� CONSTRUCTION PROJECT SHALL REQUIRE A GENERAL PERMIT OF THE STORM WATER RUNOFF FROM CONSTRUCTION ACTIVITY (GP-02-01) ADMINISTERED BY NEW YORK STATE / DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNDER PHASE II STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM. NOTE 1. REFERENCE DEED L. 11049 CP. 59 �/ 2. TOPOGRAPHICAL DATA SHOWN HEREON IS FROM ACTUAL SURVEYS AND IS REFERENCED TO N,G.V DATUM (MSL 1929). SUBJECT TO COVENANTS& RESTRICTIONS LIBER aj 4 `�0 ° � i i / / I- -- _ 0 � 3. CLEARING FOR LOTS 1 THRU 4 IS LIMITED TO 60.05 MAXIMUM CLEARING AND PAGE a(s ° 6�p m� / �// / •� CLEARING FOR LOT 5 IS LIMITED TO 25.05 MAXIMUM CLEARING. ///, i1' 4.,COMMON DRIVEWAY EASEMENT TO SERVICE LOTS 3 AND 5. N /� •+ I 5r. FOR INSTALLATIONOF SANITARY SYSTEMS REMOVE UNSUITABLE MATERIAL AND BACKFILL WITH CLEAN-SAND & GRAVEL PER S.C. REQUIREMENTS. TOT 6. THE FINAL PLAT HAS BEEN ADOPTED PURSUANT TO THE TERMS OF AMENDED n / JUL - 9 p007 CHAPTER 240, SUBDIVISION OF LAND, EFFECTIVE AUGUST 24, 2004. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES 7. A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE COUNTY / 3 � 4�Iiy,�1' / 35P c4cn1 � _ CLERKS OFFICE WHICH AFFECTS THIS SUBDIVISION AND THE PROPERTIES WITHIN IT. HAUPPAUGE, N.Y. ye� /� �°E°F `��°m,ro I,"N JAN 12 2001 "� °`� FaI" DATE d � , - 4 RAD T-^ JOB NO:2002 Final Plat ,N DATE: REVISION: For the Property Of: 577'57 3Q•W M A ORTN ROAQ) APR 25,202007 7 ADOLD TLAN AMENDMENT "Michael 1 1f N THE PROPOSED DEVELOPMENT FOR nlirinrvl Vtoi41 MichaeAtVer'i,ty IN m WITH A TOTAL OF .5 LI oTs Is SITE DATA Greenport EXEMPT FROM REQUIREMENTS PURSUANT TO ARTICLE 6 OF THE SUFFOLK COUNTY SANITARY CODE SECTION 760-6010. WATER SUPPLY AND SEWAGE DISPOSAL TOTAL AREA -40 9 S.F. Town O R FACILITIES ON EACH LOT MUST CONFORM TO CONSTRUCTION STANDARDS IN ZONING USE DISTRICT R-40 EFFECT AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS Suffolk County, scHooL DISTRICT SOUTHOLD CouO nty, New York PURSUANT TO THOSE STANDARDS. FIRE DISTRICT SOUTHOLD UTILITIES VERIZON, LIPA Suffolk County Tax Map: OWNER I Dist. 1000 Sect. 035.00 Block 01.00 Lot 004.000 / . WAL78 IMLBEI RJA 50 L~J \94d'A �N[ PE- P.O. BOX 476 FOX 64 SUN EUE ° I SURVEYING MICHAEL VERITY DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY GREENPORT, N.Y. 11944 WESTHAMPTON BEACH, N.Y. 11978 SCALE:1"=50' (631) 288-0022 Y MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SOUjyo P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair l0 411 411 OFFICE LOCATION: KENNETH L.EDWARDS A Q Town Hall Annex MARTIN H.SIDOR .� �p 54375 State Route 25 GEORGE D.JOSEPH L. TOWN END Ol��'oUNV (cor. MainRd. NY Ave.) n 1, Telephone: 631 765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2007 Mr. Michael J. Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the Property of Michael J. Verity Located on the n/s/o Main Road and the w/s/o Sound Road in Greenport SCTM#1000-35-1-4 Zoning District: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday, July 9, 2007, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 sq. ft., Lot 2 equals 21,593 sq. ft., Lot 3 equals 25,081 sq. ft. exclusive of the flag strip, Lot 4 equals 20,477 sq. ft., exclusive of the flag strip, and Lot 5 equals 146,285 sq. ft., inclusive of 71,581 sq. ft. of clustered open space; and WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S., dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, on January 23, 2007, the applicant submitted one (1) copy of the subdivision map containing the Health Department stamp of approval; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted preliminary plat approval upon the map prepared by David H. Fox, L.S., dated October 18, 2005 and last revised on August 23, 2006; and WHEREAS, on April 2, 2007, the applicant submitted the application and fee for final plat approval, including copies of the final plat, prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on April 25, 2007; and WHEREAS, on April 2, 2007, the applicant submitted copies of the final Draft Declaration of Covenants and Restrictions and the Common Driveway Easement for the Planning Board's review; and WHEREAS, on June 4, 2007, the applicant submitted a copy of the Declaration of Covenants and Restrictions, which was recorded on June 1, 2007 (Liber 12507, Page 589) and on June 18, Verity Standard Subdivision Page Two July 10, 2007 2007, submitted a copy of the Common Driveway Easement, which was recorded on June 18, 2007 (Liber 12509, Page 839); and WHEREAS, the Southold Town Planning Board held the final public hearing on this application on June 11, 2007; and WHEREAS, on June 11, 2007, the Southold Town Planning Board granted conditional final approval on the map prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on April 25, 2007; and WHEREAS, on June 25, 2007, the Southold Town Planning Board received correspondence from the Suffolk County Planning Commission indicating that the project is a matter for local determination; and WHEREAS, on June 29, 2007, the applicant submitted the final Agricultural Conservation Easement, which shall be recorded in the Office of the County Clerk simultaneously with the subdivision map; and WHEREAS, on July 6, 2007, the applicant submitted the Park and Playground Fee in the amount of$28,000; and WHEREAS, on July 6, 2007, the applicant submitted five (5) mylars and eight (8) paper prints of the final plat prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on April 25, 2007, each containing the Health Department stamp of approval; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final 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 grants final plat approval on the map prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on April 25, 2007, 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 along with the Agricultural Open Space Easement. 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, enlyn B. oodhouse Chairperson Enc. cc: Building Department (w/map) Tax Assessors (w/map) I IIIIIII IIII(IIII(IIII VIII VIII VIII(IIII(IIII IIII IIII I IIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 06/01/2007 Number of Pages: 6 At: 09 :40 :33 AM Receipt Number : 07-0052300 LIBER: D00012507 PAGE : 589 District: Section: Block: Lot: 1000 035 .00 01.00 004 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 .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 $15. 00 NO RPT $30.00 NO SCTM $0 . 00 NO Fees Paid $88 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 • Number of pages �p RECORDED -nn7 Tura 01 L9:40:':' HM TORRENS `-' - Judith N. Fa_cale Serial # CLERK OF SJFFi iLK COUNTY Certificate # L D=Oul2507 P 59 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. 30 �1y� Held for Appointment_ `p Transfer Tax _ Comm. of Ed. 5. 00 Mansion Tax e e Affidavits The property covered by this motgage is or will be improved by a one or two Certified Copy _ i family dwelling only. or NO Reg. Copy Sub Tot YES If NO, see appropriate tax clause on Other Grand Tot page# of this instrument. 1000 035 . 00 01 . 00 004 . 000 4 District Section Block Lot 5 1 Community Preservation Fund Real 1000 03500 0100 004000 Consideration Amount $O Property Tax Servicea CPF Tax Due $0 Agency f2 Improved Verification Vacant Land X 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD &RETURN TO: TD MICHAEL J. VERITY TD P.O. Box 476 Greenport, NY 11944 TD 7 Title Company Information Co. Name N/A Title# 8 Suffolk County Recording & Endorsement Page COVENANTS & RESTRICTIONS This page forms part of the attached DECLARATION OF made by: (SPECIFY TYPE OF INSTRUMENT) MICHAEL J. VERITY The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD In the VILLAGE or HAMLET of GREENPORT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (nvP.rl DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made as of this 1st day of June, 2007, by Michael J. Verity, residing at 160 Brown Street, Greenport, New York 11944 (hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide said real property into five (5) lots, as shown on the subdivision map entitled "Final Plat For the Property Of: 'Michael Verity' at Greenport", which map is intended to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be in the best interests of the Declarant and subsequent owners of said lots; and WHEREAS, Declarant is required, pursuant to said approval, to create mutual easements for the purpose of ingress and egress to the above-described lots or parcels of land for the installation and maintenance of utilities and for all other lawful purposes in favor of these parcels; NOW, THEREFORE, be it declared as follows: That the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants and easements which shall run with the land and shall be binding upon Declarant and all subsequent owners of said real property, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: - 1 - 1. No further subdivision of any of the lots reflected on the subdivision map referenced above shall be allowed, in perpetuity. 2. Any and all changes to the lot lines of any of the lots in connection with said real property shall require approval by the Planning Board of the Town of Southold. 3. Pursuant to Section 240-49(C) of the Code of the Town of Southold, the clearing restrictions for said lots are as follows: (i) Lots 1 through 4 inclusive: 60% of each lot site shall be permitted to be cleared. (ii) Lot 5: 20% of said lot site shall be permitted to be cleared. 4. All residential structures built or located on Lot 5 of said subdivision map shall only be permitted within the building envelope of Lot 5 as reflected on the approved subdivision map. 5. The area of said subdivision map designated as "Open Space Area" shall be subject to an Agricultural Conservation Easement that will be filed in the Office of the Suffolk County Clerk simultaneous with the subdivision map. 6. A buffer entitled "25' Wide Landscaped Buffer" within the Open Space Area for Lot 5, as shown on the approved subdivision map, shall be preserved and left in its natural state. 7. All future property owners/residents of the lots in connection with said real property are hereby noticed that they may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXI, Farmland Bill of Rights, of the Code of the Town of Southold. 8. All stormwater runoff resulting from the development of any of the lots in connection with said real property shall be retained on site and shall be the responsibility of each property owner. Gutters, leaders and subsurface drywells shall be installed in connection with such development to contain surface runoff. 9. Prior to construction on any of the subject lots of the subdivision, such construction project shall require a General Permit of the storm water runoff form construction activity (GP-02-01) administered by New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10. The use of native plants and disease-resistant and drought-tolerant plants are required in landscaping the lots in connection with said real property. - 2 - 11. The use of synthetic pesticides and fertilizers is prohibited in connection with said real property. 12. All driveways shall be constructed of pervious materials. 13. Access to Lots 2 and 3 shall be from a common driveway over Lot 3 as reflected on the approved subdivision map. 14. Access to Lots 4 and 5 shall be from a common driveway over Lot 4 as reflected on the approved subdivision map. 15. Access to Lot 1 shall be from a private driveway. 16. Access to Lot 5 from the Main Road a/k/a New York State Route 25 is prohibited. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his 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 of Southold 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 law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Tarin 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 and made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. - 3 - i i IN WITNESS WHEREOF the Declarant has duly executed this Declaration the day and year first above written. Michael J. Verity STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 1st day of ..--- personally appeared Micl on the basis of satisfa 'OUNTY CLERK'S OFFICE subscribed to the within TATE OF NEW YORK SS.: the same in his capach COUNTY OF SUFFOLK individual, or the person i I,JUDITH A.PASCALE,Clerk of the County of Suffolk and the Court Instrument. of Record thereof, do hereby certify that I have compared he annexed with the original Declaration REC ED in my office on ..Et..:J...cM. .• under LIBER] .....PAGE . .•••• and,that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I haveerepnto set m handand affixed the seal of said County and Court on this ...15-T. ... day of .. ............£........... 204-.. 12- 245p.oi/0nd CLERK !xcC!'t�L••Q;••Nw�. -L'" .• 1 - 4 - SCHEDULE A - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles and Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles and Sophie Raynor, the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road); THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road) 353.41 feet to a monument and land now or formerly of Jean and Joseph J. Misuraca; THENCE North 17 degrees 01 minute 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. and Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00, Lot 004.000 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: EASEMENT/DOP Recorded: 06/18/2007 Number of Pages: 8 At: 09:31:54 AM Receipt Number : 07-0057043 TRANSFER TAX NUMBER: 06-36742 LIBER: D00012509 PAGE: 839 District: Section: Block: Lot: 1000 035 . 00 01. 00 004 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24 . 00 NO Handling $5.00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $5 .00 NO Notation $0 . 00 NO Cert.Copies $20 . 00 NO RPT $30 . 00 NO SCTM $0 .00 NO Transfer tax $0 . 00 NO Comm.Pre a $0 . 00 NO Fees Paid $104 . 00 TRANSFER TAX NUMBER: 06-36742 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 • Number of pages RECORDED 2007 Jun 18 09:31:54 NM TORRENS Judith A. Pascale Serial# CLERK OF SUFFOLK COUNTY Certificate# L D00012509 P 339 Prior Ctf. # DTR 06-36742 Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 2U Mortgage Amt. _ 1. Basic Tax _ Handling 5• 00 2.Additional Tax _ TP-584 Cj Sub Total _ Notation Spec. /Assit. or EA-5217 (County) Sub Total T I Spec./Add. TOT. MTG TAX _ EA-5217 (State) Dual Town_ Dual County_ R.P.T.S.A. Held for Appointment_ Transfer Tax — Comm. of Ed. 5. 00 Mansion Tax � 6 (idavit ��ys The property covered by this motgage is 2) or will be improved by a one or two Certified Copy 9 family dwelling only. YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on Other Grand Total page# of this instrument. 1000 1000 n0 004. 000 4 District 03500 0100 004000 5 Community Preservation Fund pT Real F2 EAF A Consideration Amount $ 0 Property 78JUN-07 Tax Service CPF Tax Due $ 0 Agency Improved Verification Vacant Land x 6 Satisfaction/Discharges/Release List Property Owners Mailing Address Vacant RECORD & RETURN TO: TD MICHAEL J. VERITY TD P.O. Box 476 Greenport, NY 11944 TD 7 Title Company Information Co. Name N/A Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached COMMON DRIVEWAY EASEMENT made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in MICHAEL J. VERITY SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD M1c-k(AL 3 VTRIT% In the VILLAGE or HAMLET of GREENPORT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING f�vrrl i COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this 15th day of June, 2007, by Michael J. Verity, residing at 160 Brown Street, Greenport, New York 11944 (hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on June 11, 2007, to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway for the installation of utilities and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 2 and 3 and only one common driveway access to serve Lots 4 and 5; WHEREAS, Declarant desires to provide for such shared driveway access to and from Sound Road. NOW, THEREFORE, be it declared as follows: 1. Lots 2 and 3 shall have common driveway access to and from Sound Road over the driveway on Lot 3. These lots shall at all times be limited to a single shared access to and from Sound Road, which shared common driveway access is more particularly bounded and described on Schedule "B" annexed hereto and made a part hereof. 2. Lots 4 and 5 shall have common driveway access to and from Sound Road over the driveway on Lot 4. These lots shall at all times be limited to a single shared access to and from Sound Road, which shared common driveway access is more particularly bounded and described on Schedule "C" annexed hereto and made a part hereof. 3. Vehicular access to and from said driveways for said lots shall be restricted to said common driveway access. 4. With regard to the use of the common driveways referenced above, such use shall be subject to the following conditions: - 1 - I (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveways described in Schedules "B" and "C" for the purpose of ingress and egress. (B) The terms 'lot owner" or 'lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors or assigns of thei particular lot owner or lot owners. (G) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 2, 3, 4 and 5 does hereby authorize and accept, for the lot owner anid his/her heirs, distributees, successors, and assigns, all of the conditions, obligaitions, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveways, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveways described on Schedules "B" and "C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefor, as provided in paragraph "F" hereof. Each lot owner shall be responsible for the proportion of expenses that his/her vote has to the entire number of votes eligible to be cast, but in no event more than one share per lot. (F) All decisions for improvements and/or maintenance of the common driveways shall be made by majority vote of the lot owners having rights to such driveways. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners having lots to the respective driveways. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within thirty (30) days of the mailing of that notice shall be bound by the decision of those who do vote. (G) All lot owners agree that the common driveways shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 2, 3, 4 and 5 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any "potholes" or similar defects in the driveways which cause the driveways to become substandard. - 2 - (H) In the event any of the lot owners fail to pay a proportionate share of maintenance expenses within fourteen (14) business days of notification of charges, such unpaid monies may be collected proportionately from each of the other lot owners. In this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in New York Lien Law. The lot owner who has not paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting Pot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. (1) Notwithstainding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) The owners of Lots 2, 3, 4 and 5 shall have the right to maintain, at their own cost and expense, their respective common driveways, as described on Schedules "B" and "C". All reasonable costs and expenses in constructing and maintaining the said existing driveways shall be borne by the owners of the lots benefited by the respective common driveways. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. - 3 - E i i_ IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Michael J. Verit STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 15th day of June in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capac individual, or the person Instrument. COUNTY CLERK'S OFFICE i STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I,JUDITH A.PASCALE,Clerk of the County of Suffolk and the Cour of Record thereof, do hereby certify that I have compared the annexed with the original Easement RECORDED in my office on ...tD.��. "�.7.. under LIBER..M7.09.... PAGE .....95.`/.... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set mX hand and affixed the seal of said County and Court on this...13 . day of. Y... .........,20 .0.7? 12-0245p.01/Md CLERK CI .. :.. /.. i r i - 4 - I SCHEDULE A- LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles and Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles and Sophie Raynor, the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road); THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road) 353.41 feet to a monument and land now or formerly of Jean and Joseph J. Misuraca; THENCE North 17 degrees 01 minute 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. and Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00, Lot 004.000 SCHEDULE B - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land situate, lying and being at Greenport in the Town of Southold, County of Suffolk and State of New York, said parcel being particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road said point being situate North 27 degrees 48 minutes 03 seconds West, 421.78 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE from said point or place of BEGINNING through land now or formerly of Michael J. Verity, the following three courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 287.03 feet to a point; 2. North 27 degrees 48 minutes 03 seconds West, 20.00 feet to a point; 3. North 63 degrees 03 minutes 57 seconds East, 287.03 feet to the westerly side of Sound Road; RUNNING THENCE along the westerly side of Sound Road South 27 degrees 48 minutes 03 seconds East, 20.00 feet to the point or place of BEGINNING. SCHEDULE C - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land situate, lying and being at Greenport in the Town of Southold, County of Suffolk and State of New York, said parcel being particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road said point being situate North 27 degrees 48 minutes 03 seconds West, 441.78 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE from said point or place of BEGINNING through land now or formerly of Michael J. Verity, the following three courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 287.03 feet to a point; 2. North 27 degrees 48 minutes 03 seconds West, 20.00 feet to a point; 3. North 63 degrees 03 minutes 57 seconds East, 287.03 feet to the westerly side of Sound Road; RUNNING THENCE along the westerly side of Sound Road South 27 degrees 48 minutes 03 seconds East, 20.00 feet to the point or place of BEGINNING. AGRICULTURAL CONSERVATION EASEMENT THIS AGRICULTURAL CONSERVATION EASEMENT is made as of the 5th day of July, 2007, at Southold, New York, by Michael J. Verity residing at 160 Brown Street, Greenport, New York 11944 (hereinafter called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (hereinafter called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, County of Suffolk, State of New York, identified as SCTM #1000-35-1-4, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map entitled "Final Plat for the Property of: 'Michael Verity' at Greenport", prepared by Fox Land Surveying, last revised April 25, 2007, which map is to be filed in the Suffolk County Clerk's office simultaneously herewith; and WHEREAS, as a condition of such subdivision approval, the Town of Southold requires that the Grantor preserve a portion of the property under subdivision in perpetuity; and WHEREAS, General Municipal Law Section 247 provides for the acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural resources; and WHEREAS, as a condition of approval of this standard subdivision plat and in order to further the Town's goals of permanent preservation, the Planning Board has required this Agricultural Conservation Easement be placed over a 71,581 square foot portion of the subject property described in Schedule A attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the "Open Space Area" and hereinafter referred to as the "Property;" and WHEREAS, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office simultaneously with the filing of this subdivision map; and NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration paid to Grantor, the receipt of which is hereby acknowledged, Grantor hereby grants, transfers and conveys to Grantee, an Agricultural Conservation -1- Easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, hereinafter referred to as the Property, more particularly bounded and described in Schedule B annexed hereto and made a part hereof. 1. Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Property described in Schedule A, free of any liens except that the Property is subject to a mortgage held by JLH Associates, LLC Profit Sharing Plan, dated November 25, 2002, and recorded on December 11, 2002, in the Suffolk County Clerk's office in Liber 20255 mp 497, as consolidated in Liber 21165 mp 589. JLH Associates, LLC Profit Sharing Plan, the holder of the mortgage has executed a Consent of Mortgagee/Lienor recognizing and consenting to the terms of this Easement. Said Consent form is attached hereto and made a part hereof as Schedule C. 2. Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 3. Purpose The parties recognize the scenic and agricultural values of the Agricultural Conservation Easement area and have the common purpose of preserving these values. This instrument is intended to convey an Agricultural Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its scenic, open space, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of Federal, New York State and local conservation policies. 4. Documentation The portion of the property that is the subject of this Agricultural Conservation Easement is depicted on the subdivision map entitled "Final Plat for the Property of: 'Michael Verity' at Greenport", and designated on said subdivision map as "Open Space Area" as more particularly bounded and described in Schedule B attached hereto and made a part hereof. -2- 5. Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it, as follows: ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Agricultural Conservation Easement (hereinafter called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, mortgagees, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. -3- ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Property; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Property except as permitted by Section 4.05 hereof. The restriction or limitations on structures and improvements imposed by this Easement shall not prohibit trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with bonafide agricultural production, including without limitation, fencing to keep out predator animals. 3.02 Excavation and Removal of Materials: Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, is prohibited. Mineral exploitation and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Property. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to, trash, garbage, sawdust, ashes or chemical waste on the Property is prohibited. This prohibition shall exclude materials used on the Property in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Signs 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 Grantee's -4- conservation Easement. Signs shall not be more than six square feet in size, be non- illuminated and are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Agricultural Activities Except as provided in Section 4.04 and 4.05 hereof, the use of the property for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the U. S. Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors, shall be prohibited. 3.08 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property is prohibited. Utilities on the Property must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures. 3.09 Uses Except as permitted in Section 4.04 hereof, the use of the Property for any commercial, commercial-recreational or industrial purpose is prohibited. Uses related to agricultural activities as allowed by this Easement shall not be considered commercial uses for the purpose of this Section 3.09. 3.10 Drainage 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. 3.11 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property is prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property and the parties agree that such rights, except those required to carry out the permitted uses of and activities on the Property, are terminated and extinguished and may not be used or transferred to any other parcels. -5- ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, or Federal law. 4.04 Agricultural Activities Grantor shall have the right to engage in all types of agricultural activity as the term "Agriculture" is defined in Section 240-3 of the Southold Town Code as of this date, including, but not limited to, raising crops or livestock and wholesale nurseries. 4.05 Structures and Improvements Grantor shall have the right to erect and maintain the following structures and improvements on the Property as are necessary for the agricultural uses of the Property, subject to applicable lot coverage requirements in Chapter 280, Zoning, of the Code. Allowable structures and improvements include, but are not limited to, the following: (i) Access drives to provide access to the improvements permitted by this Section 4.05; and (ii) Underground facilities used to supply utilities, septic systems, leaching fields, and control stormwater runoff from the improvements permitted under the terms of this paragraph; (iii) Fences, if they are placed so that they do not block or detract from the scenic view of the Property; and -6- A. Replacement of Structures and Improvements In the event of damage resulting from casualty to an extent which renders repair of any existing structures or improvements impractical, erection of a replacement of comparable size, bulk, use, and general design to the damaged improvement or structure shall be permitted within the same location subject to the review and written approval of Grantee. B. Environmental Sensitivity During Construction The use and location of any improvement permitted to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment including, but not limited to, minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.06 Notice Grantor shall notify Grantee, in writing, before exercising any reserved right with respect to the Property, pursuant to Sections 4.04 and 4.05 which could adversely affect the scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to Grantee's approval. The request for approval shall describe the nature, scope, location, timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit Grantee to evaluate the proposal. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. Prior to the construction of those improvements or the exercise of the activities approved by Grantee in accordance with this Section 4.06 hereof, Grantor agrees to notify Grantee in writing of the intention to exercise such approval. The notice shall describe the nature, scope, location, timetable, and any other material aspect of the proposed construction or activity in sufficient detail to permit Grantee to monitor such construction or activity. If Grantor plans construction or activities that are permitted as a matter of right, it shall nevertheless, prior to at least 10 days from beginning such construction or activity, provide to Grantee under the requirements of this Section 4.06 written information evidencing the conformity of such construction or activity with the provisions of the applicable Sections under which the right is reserved hereunder. -7- 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless from any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. -8- 5.04 Annual Mowing Requirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, the Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this Section 5.04 after 30 days notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Property by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Property to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the -9- open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, to: (i) institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this Easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (hereinafter called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. -10- 6.06 Extinguishment/Condemnation If at any time the whole or any part of the burdened premises shall be taken or condemned by Grantee, by any other governmental body or entity, or by any public authority, the Easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned shall not be subject to the restrictions set forth herein. In any such event, Grantor shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this Easement even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned, nor shall any part of the condemnation award belong or be payable to Grantee. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified in accordance with the common and statutory laws of the State of New York applicable to the termination and modification of easements and covenants running with the land, and according to applicable provisions of State law and by the mutual consent of the parties. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement 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. 7.04 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York State shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.05 hereof. -11- 7.05 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.06 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.07 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.08 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. -12- IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Agricultural Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: Michael J. Verit , Grantor ACKNOWLEDGED AND ACCEPTED: TOWN ZSOHOLD, Grantee BY: .Cc�r-s6t.IJ�� Scott A. Russell, Supervisor STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK) On this day of July in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capacity, and that by his signature on the instrument, the in ividual, or the person upon behalf of which the individual acted, executed the instrumen ' � r ry Public MELANIE DOROSKI STATE OF NEW YORK ) NOTARY PUBLIC,State of New York No. 01D04634870 ss.: Qualified in Suffolk Counttyy COUNTY OF SUFFOLK) Commission ExpiresSeptember30,2U On this day of July in the year 2007 before me, the undersigned, personally appeared Scott A. Russell, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. D Not Public MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01 D04634870 Qualified in Suffolk County �/� Commission Expires September 30,�! -13- SCHEDULE A - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles and Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles and Sophie Raynor, the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road); THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road) 353.41 feet to a monument and land now or formerly of Jean and Joseph J. Misuraca; THENCE North 17 degrees 01 minute 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. and Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00, Lot 004.000 SCHEDULE B — OPEN SPACE AREA LEGAL DESCRIPTION ALL THAT certain plot, piece or parcel of land situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, said parcel being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (North Road), said point being at the intersection of the easterly line of land now or formerly of Jean Misuraca & Joseph J. Misuraca and the northerly side of Main Road (North Road); RUNNING THENCE from said point or place of beginning along the easterly line of land now or formerly of Jean Misuraca & Joseph J. Misuraca North 17 degrees 01 minute 56 seconds West, 215.82 feet to a point; RUNNING THENCE through land now or formerly of Michael J. Verity the following three courses and distances: 1. North 77 degrees 57 minutes 50 seconds East, 283.45 feet to a point; 2. South 27 degrees 48 minutes 03 seconds East, 33.53 feet to a point; 3. North 63 degrees 03 minutes 57 seconds East, 36.25 feet to the westerly line of land now or formerly of Sophie Raynor; RUNNING THENCE along the westerly line of land now or formerly of Sophie Raynor South 25 degrees 06 minutes 50 seconds East, 197.15 feet to the northerly side of Main Road (North Road); RUNNING THENCE along the northerly side of Main Road (North Road) South 77 degrees 57 minutes 30 seconds West, 353.41 feet to the point or place of BEGINNING. SCHEDULE C CONSENT OF MORTGAGEE/LIENOR Declarant: Michael J. Verity Name of Subdivision: Final Plat for the Property of Michael Verity at Greenport Name of Mortgagee: JLH Associates, LLC Profit Sharing Plan First Mortgagee in Mortgage Liber 20255 mp 497, as consolidated in Liber 21165 mp 589 In the matter of the application of: Michael J. Verity The undersigned, as holder of a mortgage or lien on the premises described in Schedule A annexed hereto, hereby consents to all of the terms of the annexed Agricultural Conservation Easement on said premises. JLH Associates, LLC Profit Shar' g Plan By:_ _ Title: Prahrte!t MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 June 18, 2007 :: a BY HAND Planning Board of the Town of Southold u P.O. Box 1179 1� i 5cc�pold To'�n t Southold, NY 11971-0959 F anri Boa d Re: Proposed Standard Subdivision for the roarty� Michael J. Verity SUM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: For your records, enclosed please find a certified copy of the Common Driveway Easement in connection with the referenced matter, which document was recorded with the Suffolk County Clerk on June 18, 2007, in Liber D00012509, Page 839. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, Michael J. Verity /mjv Enclosure 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 Michael verity 2. Suffolk County Tax Map# 1000-35-1-4 3. Hamlet Greenport 4. Street Location 405 Sound Road & C. R. 48 5. Zoning District R-40 6. Date of Submission March 30, 2007 7. Sketch Plan Approval Date August 14, 2006 — ;I 8. Preliminary Approval Date February 12 , 2007 APR - 2 2001 I 9. Number of Lots Proposed Five _ i 10. Acreage of Open Space/Reserved Area 1. 6 acres N/A 11. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing 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 Al 06-11 (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. Yes 15. Application prepared by [x] owner [] agent [] other Signature of Preparer \ f� Date 3 3o c 7 O %gfFO(,�co 41 MAILING ADDRESS: PLANNING BOARD MEMBERS ��. Gy P.O. Box 1179 JERILYN B.WOODHOUSE C Southold, NY 11971 Chair y OFFICE LOCATION: y • �� Town Hall Annex WILLIAM J.CREMERS �f01 �.a� 54375 State Route 25 KENNETH L. EDWARDS * (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Preliminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision MICHAF.T. T VFRTTV 2. Suffolk County Tax Map # 1000-35-1 -4 3. Hamlet Greenport 4. Street Address/ 405 Sound Road Project Location t 5. Zoning District R-40 OCT _ 5 2006 6. Date of Submission 4-19-06 7. Sketch Plan Approval Date August- 1 5, 9006 8. Acreage of Site 5.536 bx. 9. Parcel Yield 5 10. Number of Lots Proposed 4 and 1 existing a. Number of Affordable Lots Required: N/A b. Number of Affordable Lots Proposed- c.c. Alternative Method/Payment Proposed to Satisfy Affordable Housing RequirementN/A 11. Acreage of Open Space Approx. 1 . 8 12. Percentage of Open Space Approx. 30% 13. Range of Lot Sizes 4 lots approx 20, 477 sq. ft to 25, 801 sq. ft each, and 1 lot approx. 146, 285 sq. ft 14. Average Lot Size 4 Inks approx 23 nnn sci ft 1 lot approx. 146, 285.sq. ft 15. Private or Public Streets Common driveway easement to public road 16. Length ofRoad(s) Common drive— Approx. 300ft. 17. Acreage of Road(s) Common drive— Approx. . 15 acre 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. Yes__ Per Planning Board leffer datprl A gilSt 15, 2006 to fulfill requirements 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies? Please list other applications which are currently pending involving this project. If possible, please provide application reference numbers. Snffnik CnnntY Health Dept RPf # S10-06000 20. Application completed by owner [ ] agent [ ] other Signature of Preparer ��'7 i !/ Date-! ) 0p�0 ` 00%af � CO MAILING ADDRESS: PLANNING BOARD MEMBERS ��O Gy P.O. Box 1179 JERILYN B.WOODHOUSE c Southold, NY 11971 Chair y T OFFICE LOCATION: RICHARD CAGGIANO y 0 °F Town Hall Annex WILLIAM J. CREMERS �JO! y �a�� 54375 State Route 25 KENNETH L. EDWARDS l� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 765-193-8,,-., - -,-.<wnv,ro,«vre.+F•If�rj01��`'1"'��� PLANNING BOARD OFFICE TOWN OF SOUTHOLDCPR `+ ,Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of S� 1t1fP m "Eoard foo..r... sra.,t .�g SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision MICHAEL J. VERITY 2. Suffolk County Tax Map ft 1000-35-1 -4 3. Type of Subdivision Standard [x] Conservation [ ] 4. Hamlet Greenport 5. Street Address/ 405 Sound Road Project Location 6. Acreage of Site 5 . 536 7. Proposed Yield 5 8. Number of Lots Proposed 4 and 1 existi na 9. Zoning District R-40 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: Applicant Mioh a P 1 T NIP itlr —PG Bear 476 Greenport , NY 1.1944 631 -477-9417 Agent: N/A Property Owner(s): MICHAEL J. VERITY Surveyor: Fc,x Land Surveythp _64 c t Westhampton Beach NY 631 -288-0022 Engineer: N t A Attorney: N I n 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. NA 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. 14. Has the owner/applicant met with Land Preservation? If so, provide date. N/A 15. Is any part of the property in agricultural use? N 16. Is there an existing or proposed sale of development rights on the property? Nv_— 17. Does the owner own any adjacent properties? If so, please indicate the properties by S CTM#. 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). BP#312812 19.The site will be serviced by the following special districts or utility companies: Fire District Greenport Post Office School District F' Water N r acaP - 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. 21. Please indicate the type of open space proposed and how it will be managed? Existing trp.s to remain. 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? 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the member that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. N/A 24. Application completed by owner [ ] agent [ ] other Signature ofPreparer Date 4 / 7 �� 01 LStandard N.Y.B.T.U. Form 80026rgain and Sale Deed,with covenant against Grantocts—Uniform Acknowledgment Fnm3290 + ddONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the.Z5 day of November, 2002 BETWEEN J&C HOLDINGS, L.P., a limited partnership having its principal place of business at 10995 North Bayview Road, Southold, New York 11971, the party of the first part, and MICHAEL J. VERITY, residing at 160 Brown Street, Greenport, New York 11944, party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100-------------------------------------- -----------------------------------------------------------($10.00)----------------------------dollars, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of t�-CAns { the second part, the heirs or successors and assigns of the party of the second part forever, �15Q0— AII that certain plot, piece or parcel of land, situate, tying and being near Greenport, in the Town of Southold, ?(x h County of Suffolk, State of New York and bounded and described as follows: b000 BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles &Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles &Sophie Raynor, the following two (2) courses and distances: LD 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of /d()J Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses Sec_ and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 035.Q� 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road) THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road), Cb 353.41 feet to a monument and land now or formerly of Jean &Joseph J. Misuraca; THENCE North 17 degrees 01 minutes 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now of formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and tater along land now or formerly of Joseph E. &Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 3/18/02, recorded 4/5/02 in Liber 12178 at page 727 in the Suffolk County Clerk's Office. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered 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 trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first 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 as if it read "parties" when ever 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 first above written. IN PRESENCE OF: AC HOLDINGS, L.P. bV Marine, Inc., General Partner GAG e� ,vvvC� By: Llel44 6 /rd i Christine C. Hurtado, President TO BE USED ONL EN THE ACKNOWLEDGMENT IS MADE I4DW YORK STATE State of Na40 York, County of Suffolk ss: State of New York, County of Suffolk ss: On thaAS� day of November, in the year 2002, On the day of , in the year 2002, before me,the undersigned, personally appeared before me,the undersigned, personally appeared CHRISTINE C. HURTADO personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signatures) on the capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which instrument,the individual(s), or the person upon behalf of which the indiv' u �s)acte cec ed tp in trument. the individual(s)acted, executed the instrument. L (si nature nd office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) Notary Pli blit ABIGAIL A. WICKHAM Notary Pu'D7o `;'.ate of New York Qua ifieo in Suffolk County Commission Expires Sept. 30, 21Q TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia,Territory, or Foreign Country)of ss: On the day of , in the year before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgement) Notary Public BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. J&C HOLDINGS, L.P. TO MICHAEL J. VERITY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by Commonwealth A LANDAMERICA COMPANY COMMONWEALTH LAND TITLE INSURANCE COMPANY w U LL 0 0 z Z K O V W R' 0 O W N K O LL W U Q a H N_ S F W 7 W N W C 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 pumose of this form is to provide information which can alert the town of gossible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: 11N� V � last name,first name,middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. Ifso, 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 _ 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 officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. `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-X—No If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the own of Southold V 4 h A Title or position of that person D Describe the relationship between yourself(the applicant nd 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 Relatio hip: t':DIA�tm A t immAir tAQ & Submitted this L�da of B6 Signature Print Name lGhs ( rry FP l own ofSouthold r ? // LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject 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# 35 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board x❑ 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 ❑x 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:Subdivision of approx. 5 . 53 acres into 5 lots Lots 1 -4 approximately 20 , 000. sq. ft Lot 5 approximately the balance of the acreage. Location of action: Greenport Site acreage: 5 . 53 Present landuse: Vacant-wand with existing single family dwelling Present zoning classification: R-40 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: Michael J. Verity (b) Mailing address: PO Box 476 Greenport, New York 19944 (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No n If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy I. 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. ❑x Yes ❑ No ❑ Not Applicable Th axvpe�gaI is 9ellsigizPnt with _ land area and uses 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 ❑ No ❑ Not Applicable e4,ttac4 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 This proposal does not contain scenic resources, Attach additional 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 This proposal is not located within a flood zone area. 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 ❑Not Applicable The site is adjacent to public water and therefore there will be no impact to the water supply. 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❑ Not Applicable The-project does not affect the Town of Southold ecosystems. Attach additional sheets if necessary - Policy 7. Protect and improve air quality in the Town of Southold. See LWRT Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable The proposal will not impact the air quality_ The proposal will be consistent with the adjacent properties (built out neighborhood) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III —Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑x Not Applicable The. proposed project will conform to the requirements of the Suffolk County Health Department. 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 ❑ Not Applicable The project/property is not located near public lands , nor nnhlir resources . ROr coastal waters 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. ❑ Yes ❑ No E Not Applicable The project _is not proposing a water-dependent system 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 ❑ Not Applicable The property isnot located on ,Long Island Sound, -the Pecnnic. Estuary and/or Town waters. 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❑ Not Applicable ....Although the proper-ty proper—tis not A/C zoned the project will consider A/C 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 ❑ Not Applicable Created on 5125105 11:20 AM 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet Flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑Part 1 ❑Part 2 []Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: nA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Standard Subdivision of Michael Verity Name of Action Southold Town Planning Board Name of Lead Agency Jerilyn B.Woodhouse Chairperson Print or Type Name/of Responsible Officer in Lead Agency Title of Respo i41 Officer Signatu of Responsible Officer in Lead Agency Signature of Pr aver(If di rent from responsible officer) 08/14/2006 Date Page 1 of 21 PART 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information(Read Carefully) I In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. I The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But,for any specific projector site other examples and/or lower thresholds maybe appropriate for a Potential Large Impact response,thus requiring evaluation in Part 3. I The impacts of each project,on each site,in each locality,will vary. Therefore,the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. I The number of examples per question does not indicate the importance of each question. I In identifying impacts,consider long term,short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. Identifying that an Impact will be potentially large(column 2)does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact,also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? NO ❑ YES ❑i Examples that would apply to column 2 • Any construction on slopes of 15%or greater,(15 foot ❑ ❑ ❑ Yes []No rise per 100 foot of length),or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table ❑ ® ❑ Yes ❑No is less than 3 feet. • Construction of paved parking area for 1,000 or more ❑ ❑ ❑ Yes []No vehicles. • Construction on land where bedrock is exposed or ❑ ❑ ❑ Yes ❑No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ® ❑ ® Yes ❑No involve more than one phase or stage. • Excavation for mining purposes that would remove ❑ ® ® Yes ❑No more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Construction or expansion of a santary landfill. ❑ ❑ []Yes ❑No Construction in a designated floodway. ❑ ❑ []Yes []No • Other impacts: ❑ ❑ []Yes []No Small to moderate impact. Although there will be physical changes to the project site with the ultimate development of the proposed lots,only four new residential lots are being created. 2. Will there bean effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc.) ElNO 11 YES • Specific land forms: ❑ ❑ []Yes []No The project site does not contain any unique or unusual land forms. Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) 11 NO ElYES Examples that would apply to column 2 Developable area of site contains a protected water body. ® ® ®Yes ❑No • Dredging more than 100 cubic yards of material from channel of ❑ ❑ ❑Yes ❑No a protected stream. • Extension of utility distribution facilities through a protected water ❑ ❑ ®Yes ❑No body. • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No Small to moderate impact.The project site is located across the street from a large wetlands and will require a permit or letter of non jurisdiction from the Town Trustees and the NYSDEC. 4. Will Proposed Action affect any non-protected existing or new body of water? ❑• NO ❑YES Examples that would apply to column 2 • A 10%increase or decrease in the surface area of any body of ❑ ❑ []Yes ❑No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ® ® ❑Yes []No area. • Other impacts: ® ❑ []Yes []No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ®NO ❑YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ®Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater ❑ ❑ ❑Yes ❑No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ ®Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which ❑ ❑ ❑Yes ❑No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ® ❑ ❑Yes ❑No per day. • Proposed Action will likely cause siltation or other discharge into ❑ ❑ ❑Yes ❑No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ❑ ❑ ❑Yes ❑No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ❑ ❑ ❑Yes ❑No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses ❑ ❑ ❑Yes ❑No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ []Yes ❑No Small to moderate impact.Project requires approval from the Suffolk County Department of Health Services for both the subdivision and development of each of the lots. Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? ❑NO .❑YES Examples that would apply to column 2 • Proposed Action would change flood water flows ❑ ❑ ❑Yes [:]No • Proposed Action may cause substantial erosion. ❑ ❑ [—]Yes [:]No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No Proposed Action will allow development in a designated ❑ ❑ ❑Yes [:]No floodway. • Other impacts: ❑ ❑ ❑Yes [:]No Small to moderate. The Planning Board will require that all storm water runoff be contained on site. IMPACT ON AIR 7. Will Proposed Action affect air quality? ❑NO ❑YES Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any ❑ ❑ ❑Yes ❑No given hour. • Proposed Action will result in the incineration of more than 1 ton ❑ ❑ ❑Yes ❑No of refuse per hour. • Emission rate of total contaminants will exceed 5lbs.per hour ❑ ❑ []Yes ❑No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ❑ ❑ ❑Yes ❑No committed to industrial use. • Proposed Action will allow an increase in the density of ❑ ❑ ❑Yes ❑No industrial development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑Nc IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ❑NO ❑YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or ❑ ❑ ❑Yes ❑No Federal list,using the site,over or near the site,or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ [:]Yes ❑No • Application of pesticide or herbicide more than twice a year, ❑ ❑ []Yes ❑No other than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes []No None have been identified. g. Will Proposed Action substantially affect non-threatened or non- endangered species? [:]NO E]YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ❑ ❑ [:]Yes ❑No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ❑ ❑ [:]Yes ❑No mature forest(over 100 years of age)or other locally important vegetation. • Other impacts: ❑ ❑ ❑Yes ❑No Small to moderate. The project site will be cleared for new construction and therefore will reduce the habitat for the existing plants and wildlife. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? ❑NO ❑YES Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to ❑ ❑ ❑Yes ❑No agricultural land(includes cropland,hayfields,pasture,vineyard, orchard,etc.) • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The Proposed Action would irreversibly convert more than 10 ❑ ❑ ❑Yes ❑No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 0 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of ❑ ❑ []Yes ❑No agricultural land management systems(e.g.,subsurface drain lines,outlet ditches,strip cropping);or create a need for such measures(e.g.cause a farm field to drain poorly due to increased runoff). • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(If necessary,use the Visual EAF Addendum in Section 617.20,Appendix B.) ri NO [3 YES Examples that would apply to column 2 Proposed land uses,or project components obviously different ❑ ❑ ❑Yes ❑No from or in sharp contrast to current surrounding land use patterns,whether man-made or natural. • Proposed land uses,or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or ❑ ❑ 13 Yes ❑No significant screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? ❑NO ®YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or ❑ ❑ ❑Yes ❑ No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within ❑ ❑ ❑Yes ❑No the project site. • Proposed Action will occur in an area designated as sensitive ❑ ❑ ❑Yes ❑ No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Other impacts: ❑ ❑ []Yes ❑No A Phase I Archaeological Survey was prepared and no further studies are recommended. IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? E] NO []YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ [—]Yes []No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(g)? [j]NO ❑YES List the environmental characteristics that caused the designation of the CEA Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ r]Yes [:]No • Proposed Action will result in a reduction in the quantity of the ❑ ❑ ❑Yes [:]No resource? • Proposed Action will result in a reduction in the quality of the ❑ ❑ ❑Yes ❑No resource? • Proposed Action will impact the use,function or enjoyment of the ❑ ❑ ❑Yes ❑No resource? • Other impacts: ❑ ❑ []Yes ❑No Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ❑NO ❑. YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or ❑ ❑ []Yes ❑No goods. • Proposed Action will result in major traffic problems. ❑ ❑ []Yes []No • Other impacts: ❑ ❑ []Yes ❑No Small to moderate. Addition traffic will occur as a result of the development of four additional lots. However,the overall impact to the transportation system will be minimal. IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? ONO []YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the ❑ ❑ ❑Yes ❑No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ❑ ❑ ❑Yes ❑No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ ❑Yes ❑No NOISE AND ODOR IMPACT 17. Will there be objectionable odors,noise,or vibration as a result of the Proposed Action? ONO ❑YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive ❑ ❑ []Yes ❑No facility. • Odors will occur routinely(more than one hour per day). ❑ ❑ ❑Yes ❑No • Proposed Action will produce operating noise exceeding the ❑ ❑ ❑Yes ❑No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ 11 Yes 0 N Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ❑NO ®YES Proposed Action may cause a risk of explosion or release of ❑ ❑ ❑Yes ❑No hazardous substances(i.e.oil,pesticides,chemicals,radiation, etc.)in the event of accident or upset conditions,or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" ❑ ❑ ❑Yes []No in any form(i.e.toxic,poisonous,highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities for one million or more gallons of liquefied ❑ ❑ ❑Yes [:]No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other ❑ ❑ []Yes []No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes []No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ❑NO ❑YES Examples that would apply to column 2 • The permanent population of the city,town or village in which the ❑ ❑ []Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating ❑ ❑ []Yes ❑No services will increase by more than 5%per year as a result of this project. • Proposed Action will conflict with officially adopted plans or ❑ ❑ []Yes ❑No goals. • Proposed Action will cause a change in the density of land use. ❑ ❑ []Yes []No • Proposed Action will replace or eliminate existing facilities, ❑ ❑ []Yes []No structures or areas of historic importance to the community. • Development will create a demand for additional community ® ❑ []Yes ❑No services(e.g.schools,police and fire,etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future ❑ ❑ [:]Yes ❑No projects. • Proposed Action will create or eliminate employment. ❑ ❑ [:]Yes ❑No • Other impacts: ❑ ❑ [:]Yes ❑No The proposed development is consistent with the existing development adjacent to or near the subject property. 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? ❑. NO []YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 ~ • 61220 0 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet.flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Upon review of the information recorded on this EAF(Parts 1 and2a d 3 if appropriate),and�any other t er su Part 2 ®Part 3 considering both the magnitude and importance of each impact, it is reasonably determined by the lead agencythatnformation,and ®A. The project will not result in any large and important impactls) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared ® I'a' V}yde�e;�MM�.TM�•wM eeX jr[�'MM^�^i'G� •B. Although the project could have a significant effect on the envtron,tlentNhm, there will not be a si n for this Unlisted Action because the mitigation measures described in (�,Ylq a CONDITIONED negative declaration will be prepared.' ; (c', t, �er\ f�eclfore G` ®C. The project may result in one or more large and important im ac r' 4 environment, therefore a positive declaration will be prepared I t'may have a significa [impaet the >> 5 �0� "A Conditioned Negative Declaration is only valid for Unlisted Actions APR 2 Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency 9 Y Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) website Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of Ih e application for approval and may be subject to further verification and public review. Provide any additional information you bell eve 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. NameofAction Proposed Subdivision Location of Action(include Street Address,Municipality and County) 40 -gQuDd RQad Gree-UPrlrt m nuin f c 1-h i a e F F jk Name of Applicant/Sponsor M 1 T —— VPrity Address PO Box 476 City/PO Green Aort State NV Zip Code Business Telephone 631 -477-941..7 Name of Owner(if different) Address City/PO / State Zip Code _ Business Telephone - Description of Action: - Proposed subdivision - 5 Lots Lots 1 -.4 proposed approximate 20, 000 -25;000- 00 sq. ft. Lot 5 = 3 . 5 - 4 acres - Buildable area TBD. CommonDriveway Easement serving Lots 3, 4 & .- - - -` f A (�a77T ;._ ;Z. i' APR 2 5 2006 f ;a Page 2 of 21 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) ElForest ❑Agriculture ®Other 2. Total acreage of project area: 5 53.6 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested 5 acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECU acres acres Water Surface Area acres acres J Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) ----- _ _ __ _ acres acres 3. What is predominant soil types) on project site? a. Soil drainage: ®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? acres (see 1 NYCRR 37(0) 4. Are there bedrock outcroppings on project site? 11 Yes Iv f No a- What is depth to bedrock_ (in feet) 5. Approximate percentage of proposeo project site with slopes: E10-10%_% El10- 15%_% E] 15% 1, greater_% 6. Is project substantial) contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? El Yes ® No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? IDYes �No 8. What is the depth of the water table? 17 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? Yes El No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? L.]Yes 'LINO Page 3 of 21 11. Does project'site contain any species of plant or animal life that is identified as threatened or endangered? ®Yes ®No According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? Dyes 12 No Describe: 13. Is the project site presently used by tine community or neighborhood as an open space or recreation area? 0 Yes ®No If yes, explain: 14. Does the present site it a ude scenic views known to be important to the community? ®Yes ®No 15. Streams within or contiguous to project area: N�A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A b. Size lin acresl: Page 4 of 21 1 7. Is the site served by existing public utilities? Byes ®No a. If YES,does sufficient capacity exist to allow connection? ®Yes �No b. If YES, will improvements be necessary to allow connection? ®Yes No 1 B. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes ®No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article B of the ECL, and 6 NYCRR 617? ®Yes substantially 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). - - a. Total contiguous acreage owned or controlled by project sponsor: 5 S-16 acres. - b. Project acreage to be developed: 2 acres initially; 1 12*0facle! 0-094 CJ c. Project acreage to remain undeveloped:,4 /2 acres. d. Length of project, in miles: 14,1 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 0 g. Maximum vehicular trips generated per hour:N4_A,-__(up n completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially X Ultimately X i. Dimensions (in feet) of largest proposed structure: TBD height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 353 . 41 0R Rt48 9n Sound Rd. 2. .How much natural material (i.e. rock, earth, etc.) will be removed from the site? _.tons/cubic yards. 3. Will disturbed areas be reclaimed [X]Yes C ]No ON/A a. If yes, for what intended purpose is the site being reclaimed? Landscaping b. Will topsoil be stockpiled for reclamation? IDYes ® No c. Will upper subsoil be stockpiled for reclamation? Yes El No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 12 acres. Page 5 of 21 5. Will any mature forest lover 100 years old) or other locally-important vegetation be by this project? ® Yes ® No 6. If single phase project: Anticipated period of construction: L4LAA months, (including demolition) 7. If multi-phased: N/A a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month _ year. d. Is phase i functionally dependent on subsequent phases? ® Yes ® No 6. Will blasting occur during construction? ®Yes C] No 9. Number of jobs generated: during construction N/A ; after project is complete 10. Number.of jobs eliminated by this project NONE 11. Will project require relocation of any projects or facilities? ®Yes 1:1 No If yes, explain: 12. Is surface liquid waste disposal involved? ®Yes No a. If yes, indicate type of waste (sewage, industrial, etc) and amount / b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes E]No Type 14. Will surface area of an existing water body increase or decrease by proposal? R Yes No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? Dyes OF10 16. Will the project generate solid waste? ! l Yes ®No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? E]Yes []No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? MYes ® No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ` (yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? nYes ®No 19. Will project routinely produce odors (more than one hour per day)? ®Yes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes.ONo 21. Will project result in an increase in energy use? Yes No / If yes, indicate type(s) LIPA 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes El No If yes, explain: Paye 7 of 21 25. Approvals Required: Type Submittal Date City, Town, Village Board ® ONO No Buildin Permit City, Town, Village Planning Board 10 Yes ® No —Approya 1 of Sub- Division City, Town Zoning Board ®Yes ONO - TBD City, County Health Department ®YeSAroyal of Sub– ® No DDdivision Other Local Agencies Yes No Other Regional A1enciesx®., Yes ® No Suffolk County Planning State Agencies Elyes El No _ Federal Agencies MYes ONO C. Zoning and Planning Information 1. Does proposed action involve a planning of zoning decision? Dyes O No If Yes, indicate decision required: E] Zoning amendment ® Zoning variance ® New/revision of master Ian x® 1� P Subdivision 1�._l Site plan Special use permit ®Resource management plan ® Other Page 8 of 21 f • 2. What is the zoning classification sl of the site? R-40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 5 4. What is the proposed zoning of the site? R-40 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 5 �6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ®No 7. What are the predominant land uses) and zoning classifications within a %. mile radius oproposed action? R-4'0 Residential Dwellings 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y/ mile? Yes ®No 9. If the proposed action is the subdivision of land, how many lots are proposed? 5 a. What is the minimum lot size proposed? Approx. 20 r 000sq. ft. Page 9 of 21 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ® Yes ®X No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ®X Yes ® No a. If yes, is existing capacity sufficient to handle projected demand? ElYes No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes Q No a. If yes, is the existing road network adequate to handle the additional traffic. Yes ©No D. Informational Details Attach any additional information as may bemeeded to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss Such impacts and the measures which you propose to mitigate or avoid them. E. Verification 1 certify that the information provided above is true to the best of my knowledge. / r / Applicant/Sponsor Name Ml Ohae T Vo a t t�' Date Signature Title Owner Owner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SO(/Tyo Southold,,ox 1179 11971 JERILYN B.WOODHOUSE �O l� Char * OFFICE LOCATION: KENNETH L.EDWARDS N ie Town Hall Annex MARTIN H.SIDOR �O 54375 State Route 25 GEORGE D.SOLOMON � �m1 (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND coo l �� Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: July 9, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tax Map Amount bate of # Check 35-1-4 $18,000 P&P 7/5/07 -.J16KW 35-1-4 $10,000 P&P 7/6/07 Peconic Landing SP 35-1-25 $165 app. fee 7/9/07 LR encs. Town Of Southold • P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * Date: 07/10/07 Receipt#: 4103 Transaction(s): Reference Subtotal 1 1 Park& Playground 35-1-4a $18,000.00 Check#: 4103 Total Paid: $18,000.00 , JUL 10 2001 Name: Verity, Michael J. Po Box 476 Greenport, NY 11944 Clerk ID: LINDAC Internal ID:35-1-4a • Town Of Southold P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 07/10/07 Receipt#: 914 Transaction(s): Reference Subtotal 1 1 Park & Playground 35-14b $10,000.00 Check#: 914 Total Paid: $10,000.00 • 'P 1 j JUL 1 0 2001 v,2atiN�1WN+ wJ.YFit L.+, lY::�•lxer.,W+.tea.. h:,::A.1 Name: Verity, Michael J. Po Box 476 Greenport, NY 11944 Clerk ID: LINDAC Internal ID:35-1-4b • Town Of Southold P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 05/15/07 Receipt#: 3111 Transactions): Reference Subtotal 1 1 Application Fees 35-14 $500.00 Check#: 3111 Total Paid: $500.00 NIZ Name: Verity, Michael P O Box 476 Greenport, NY 11944 Clerk ID: LINDAC Internal ID:35.1.4 + • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��Of SQ(/j�O Southold,,ox 1179 11971 JERILYN B.WOODHOUSE O l0 Chair OFFICE LOCATION: KENNETH L.EDWARDS N is Town Hall Annex MARTIN H.SIDOR r' �p 54375 State Route 25 GEORGE D.SOLOMON 'M (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND �.QU1111�� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: May 14, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tax Map Amount Date of # Check Hands F .Ltd.Ptnrs. LLC 18-2-32& 33 $500 app fee 3/23/07 Wexler Subdiv. 79-8-18.1 $1,000 app fee 3/29/07 Verity, M. Subdiv. 35-1-4 $500 app fee 3/30/07 Cleaves Point Manor 38-7-9 $500 app fee 5/7/07 Grebe LLC 6-2-14 $500 app fee 4/3/07 LR encs. . Town Of Southold Si P.O Box 1179 . Southold, NY 11971 * * * RECEIPT * * * Date: 05/10/06 Receipt#: 2851 Transaction(s): Reference Subtotal 1 1 Application Fees 35-1-4 $4,000.00 Check#: 2841 Total Paid: $4,000.00 �8y$�wMWMMT'yMiFNUTAMMIMr¢}pls,r Q C E rvT. t y ( IAV 1 N1n� Pia,: .^seloard Name: Verity, Michael Po Box 476 Greenport, NY 11944 Clerk ID: LINDAC Internal ID:35-1-4 • . MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE �o��OF SOUTyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR A Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Comm,� Southold, NY 1111 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: May 9, 2006 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Verity, Michael Stand. Sub. 35-1-4 $4,000.00 2841 Sketch Appl. Fee enc(s). • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF SOUTyOIo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR Q 54375 State Route 25 GEORGE D.SOLOMON .� p (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OIycou 11 � � Southold, NY IY 11 Telephone: 631 765.1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: May 9, 2006 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Verity, Michael Stand. Sub. 35-1-4 $4,000.00 2841 Sketch Appl. Fee MICHAEL J. VERITY 41,w. 50-546/214 2841 610002701 P.O. BOX 478 GREENPORT, NY 11944 Dare OPAYTO RDER THE ORDER OF - $ l�apD Q U THK eVFFOLK G'(501717 NAT_ JCL HANK i U'..41 4y } I.R.11943 1:0 2 L405464I: 61 000 270 iii' 284 J- 0 Submission Without a Cover Letter Sender: Subject: SCTM#: 1000 - Date: 0 Comments: 11 LE J L - 9 2007 I i MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 July 6, 2007 raw \ Or! BYHAND .. Planning Board of the Town of Southold g 2001 JUL P.O. Box 1179 Southold, NY 11971-0959 x Re: Proposed Standard Subdivision for the Prope Michael J. Verity SUM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: For your records, enclosed please find a copy of the fully executed Agricultural Conservation Easement in connection with the referenced matter, which document is to be recorded simultaneously with the subdivision map. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, Michael J. Verity J/ /mjv Enclosure MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 June 28, 2007, BY HAND t { i ;Ll� JUN 29 2001 Planning Board of the Town of Southold - P.O. Box 1179 �- Southold, NY 11971-0959 .-.RSMiY0A 4.i •krM1:.+kr ndl4. Re: Proposed Standard Subdivision for the Property of Michael J. Verity SCTM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: Pursuant to the conditional final approval issued on June 11 in connection with the referenced matter, enclosed please find the proposed Agricultural Conservation Easement for your approval. I would appreciate your approving this document for execution at your earliest opportunity. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, Michael J. Verity /mjv Enclosure DRAFT AGRICULTURAL CONSERVATION EASEMENT THIS AGRICULTURAL CONSERVATION EASEMENT is made as of the day of July, 2007, at Southold, New York, by Michael J. Verity residing at 160 Brown Street, Greenport, New York 11944 (hereinafter called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (hereinafter called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, County of Suffolk, State of New York, identified as SCTM #1000-35-1-4, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map entitled "Final Plat for the Property of: 'Michael Verity' at Greenport", prepared by Fox Land Surveying, last revised April 25, 2007, which map is to be filed in the Suffolk County Clerk's office simultaneously herewith; and WHEREAS, as a condition of such subdivision approval, the Town of Southold requires that the Grantor preserve a portion of the property under subdivision in perpetuity; and WHEREAS, General Municipal Law Section 247 provides for the acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural resources; and WHEREAS, as a condition of approval of this standard subdivision plat and in order to further the Town's goals of permanent preservation, the Planning Board has required this Agricultural Conservation Easement be placed over a 71,581 square foot portion of the subject property described in Schedule A attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the "Open Space Area" and hereinafter referred to as the "Property;" and WHEREAS, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office simultaneously with the filing of this subdivision map; and NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration paid to Grantor, the receipt of which is hereby acknowledged, Grantor hereby grants, transfers and conveys to Grantee, an Agricultural Conservation 4- Easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, hereinafter referred to as the Property, more particularly bounded and described in Schedule B annexed hereto and made a part hereof. 1. Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Property described in Schedule A, free of any liens except that the Property is subject to a mortgage held by JLH Associates, LLC Profit Sharing Plan, dated November 25, 2002, and recorded on December 11, 2002, in the Suffolk County Clerk's office in Liber 20255 mp 497, as consolidated in Liber 21165 mp 589. JLH Associates, LLC Profit Sharing Plan, the holder of the mortgage has executed a Consent of Mortgagee/Lienor recognizing and consenting to the terms of this Easement. Said Consent form is attached hereto and made a part hereof as Schedule C. 2. Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 3. Purpose The parties recognize the scenic and agricultural values of the Agricultural Conservation Easement area and have the common purpose of preserving these values. This instrument is intended to convey an Agricultural Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its scenic, open space, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of Federal, New York State and local conservation policies. 4. Documentation The portion of the property that is the subject of this Agricultural Conservation Easement is depicted on the subdivision map entitled "Final Plat for the Property of: 'Michael Verity' at Greenport", and designated on said subdivision map as "Open Space Area" as more particularly bounded and described in Schedule B attached hereto and made a part hereof. -2- 5. Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it, as follows: ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Agricultural Conservation Easement (hereinafter called the "Easement'). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement' or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. -3- ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Property; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Property except as permitted by Section 4.05 hereof or by the Southold Town Land Preservation Committee, or by any other applicable provisions of the Town Code, including Chapter 106-49 of said Code. The restriction on structures and improvements shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with bonafide agricultural production, including without limitation, fencing to keep out predator animals. 3.02 Excavation and Removal of Materials: Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, is prohibited. Mineral exploitation and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Property. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to, trash, garbage, sawdust, ashes or chemical waste on the Property is prohibited. This prohibition shall exclude materials used on the Property in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Signs 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 -4- Property to control unauthorized entry or use, or (d) to announce Grantee's conservation Easement. Signs shall not be more than six square feet in size, be non- illuminated and are subject to regulatory requirements of the Town. 3.07 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters is prohibited. 3.08 Agricultural Activities Except as provided in Section 4.04 and 4.05 hereof, the use of the property for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the U. S. Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors, shall be prohibited. 3.09 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property is prohibited. Utilities on the Property must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures. 3.10 Uses Except as permitted in Section 4.04 hereof, the use of the Property for any commercial, commercial-recreational or industrial purpose is prohibited. Uses related to agricultural activities as allowed by this Easement shall not be considered commercial uses for the purpose of this Section 3.10. 3.11 Drainage 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. 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property is prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property and the parties agree that such rights, except -5- those required to carry out the permitted uses of and activities on the Property, are terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, or Federal law. 4.04 Agricultural Activities Grantor shall have the right to engage in all types of agricultural activity as the term "Agriculture" is defined in Section 106-49D of the Southold Town Code as of this date, including, but not limited to, raising crops or livestock, wholesale nurseries and associated buildings that are specifically needed to support an active viable agricultural or horticultural operation. 4.05 Structures and Improvements Grantor shall have the right to erect and maintain the following structures and improvements on the Property as are necessary for the agricultural uses of the Property, subject to applicable lot coverage requirements in Chapter 100, Zoning, of the Code. Allowable structures and improvements include, but are not limited to, the following: (i) Access drives to provide access to the improvements permitted by this Section 4.05; and (ii) Underground facilities used to supply utilities, septic systems, leaching fields, and control stormwater runoff from the improvements permitted under the terms of this paragraph; -6- (iii) Fences, if they are placed so that they do not block or detract from the scenic view of the Property; and (iv) Agricultural structures that are necessary, incidental and accessory to the agricultural uses of the Property as defined in Section 106-49D of the Southold Town Code. A. Replacement of Structures and Improvements In the event of damage resulting from casualty to an extent which renders repair of any existing structures or improvements impractical, erection of a replacement of comparable size, bulk, use, and general design to the damaged improvement or structure shall be permitted within the same location subject to the review and written approval of Grantee. B. Environmental Sensitivity During Construction The use and location of any improvement permitted to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment including, but not limited to, minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.06 Notice Grantor shall notify Grantee, in writing, before exercising any reserved right with respect to the Property, pursuant to Sections 4.04 and 4.05 which could adversely affect the scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to Grantee's approval. The request for approval shall describe the nature, scope, location, timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit Grantee to evaluate the proposal. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. Prior to the construction of those improvements or the exercise of the activities approved by Grantee in accordance with this Section 4.06 hereof, Grantor agrees to notify Grantee in writing of the intention to exercise such approval. The notice shall describe the nature, scope, location, timetable, and any other material aspect of the proposed construction or activity in sufficient detail to permit Grantee to monitor such construction or activity. If Grantee plans construction or activities that are permitted as -7- a matter of right, it shall nevertheless, prior to at least 10 days from beginning such construction or activity, provide to Grantee under the requirements of this Section 4.06 written information evidencing the conformity of such construction or activity with the provisions of the applicable Sections under which the right is reserved hereunder. 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless from any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of -8- the Grantee, its officers, employees, agents, or independent contractors; and (b)from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Annual Mowing Reouirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, the Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this Section 5.04 after 30 days notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Property by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Property to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, -9- default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, to: (i) institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this Easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (hereinafter called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. -10- 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation If at any time the whole or any part of the burdened premises shall be taken or condemned by Grantee, by any other governmental body or entity, or by any public authority, the Easement hereby granted shall terminate as to those portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned shall not be subject to the restrictions set forth herein. In any such event, Grantor shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this Easement even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned, nor shall any part of the condemnation award belong or be payable to Grantee. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified in accordance with the common and statutory laws of the State of New York applicable to the termination and modification of easements and covenants running with the land, and according to applicable provisions of State law and by the mutual consent of the parties. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement 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. -11- 7.04 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York State shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.05 hereof. 7.05 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.06 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.07 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.08 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. -12- IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Agricultural Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: Michael J. Verity, Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: _ Scott A. Russell, Supervisor STATE OF NEW YORK ) ) as.: COUNTY OF SUFFOLK) On this day of July in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) as.: COUNTY OF SUFFOLK) On this day of July in the year 2007 before me, the undersigned, personally appeared Scott A. Russell, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -13- SCHEDULE A - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles and Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles and Sophie Raynor, the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road); THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road) 353.41 feet to a monument and land now or formerly of Jean and Joseph J. Misuraca; THENCE North 17 degrees 01 minute 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. and Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00, Lot 004.000 SCHEDULE B — OPEN SPACE AREA LEGAL DESCRIPTION ALL THAT certain plot, piece or parcel of land situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, said parcel being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road (North Road), said point being at the intersection of the easterly line of land now or formerly of Jean Misuraca & Joseph J. Misuraca and the northerly side of Main Road (North Road); RUNNING THENCE from said point or place of beginning along the easterly line of land now or formerly of Jean Misuraca & Joseph J. Misuraca North 17 degrees 01 minute 56 seconds West, 215.82 feet to a point; RUNNING THENCE through land now or formerly of Michael J. Verity the following three courses and distances: 1. North 77 degrees 57 minutes 50 seconds East, 283.45 feet to a point; 2. South 27 degrees 48 minutes 03 seconds East, 33.53 feet to a point; 3. North 63 degrees 03 minutes 57 seconds East, 36.25 feet to the westerly line of land now or formerly of Sophie Raynor; RUNNING THENCE along the westerly line of land now or formerly of Sophie Raynor South 25 degrees 06 minutes 50 seconds East, 197.15 feet to the northerly side of Main Road (North Road); RUNNING THENCE along the northerly side of Main Road (North Road) South 77 degrees 57 minutes 30 seconds West, 353.41 feet to the point or place of BEGINNING. SCHEDULE C CONSENT OF MORTGAGEE/LIENOR Declarant: Michael J. Verity Name of Subdivision: Final Plat for the Property of Michael Verity at Greenport Name of Mortgagee: JLH Associates, LLC Profit Sharing Plan First Mortgagee in Mortgage Liber 20255 mp 497, as consolidated in Liber 21165 mp 589 In the matter of the application of. Michael J. Verity The undersigned, as holder of a mortgage or lien on the premises described in Schedule A annexed hereto, hereby consents to all of the terms of the annexed Agricultural Conservation Easement on said premises. JLH Associates, LLC Profit Sharing Plan By: Title: COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING June 20, 2007 Mr. Anthony Trezza, Senior Planner Town of Southold Planning Bd. 53095 Main Rd.-P.O. Box 1179 Southold,NY 11971 Subdivision: Michael Verity subdivision Suffolk County Tax Map No.: 1000-35-1-4 Suffolk County Planning File No.: S-SD-07-01 Dear Sir: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referenced subdivision and site plan that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comment: there should be a restrictive covenant on Lot 5 prohibiting future subdivision. Thomas Isles,AICP Director of Planning S/s Peter K. Lambert Principal Planner A N � "7JUN25 2001 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 . (631(853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 • i MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 June 18, 2007 BY HAND Planning Board of the Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Proposed Standard Subdivision for the Property of Michael J. Verity SUM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: For your records, enclosed please find a certified copy of the Common Driveway Easement in connection with the referenced matter, which document was recorded with the Suffolk County Clerk on June 18, 2007, in Liber D00012509, Page 839. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, Michael J. Verity /mjv Enclosure I IIIIIII IIII VIII VIII VIII ILII VIII VIII VIII IIII IIII IIIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 06/18/2007 Number of Pages: 8 At: 09 :31:54 AM Receipt Number : 07-0057043 TRANSFER TAX NUMBER: 06-36742 LIBER: D00012509 District: Section: Block: PAGE : Lot: 839 1000 035. 00 01. 00 004 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $24 .00 NO Handling $5 . 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $5. 00 NO Notation $0 . 00 NO Cert.Copies $20 . 00 NO RPT $30 . 00 NO SCTM $0 . 00 NO Transfer tax Comm.Pres $0 . 00 NO $0 . 00 NO TRANSFER TAX NUMBER: 06-36742 Fees Paid $104 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 • er of pages RECORDED TORRENS 2007 .Jun 18 09:31:54 PM Judith P. Pascale Serial# CLERK OF SUFFOLK COUNTY Certificate# L D00012509 P 839 Prior Ctf. # DT# 06-36742 Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee __—T ortgage Amt. _ Handling 5 0 1. Basic Tax — 2.Additional Tax _ TP-584 Sub Total _ Notation Spec. /Assit. �j 1 or EA-5217 (County) Sub Total I Spec. /Add. _ EA-5217 (State) TOT. MTG TAX — MOO Dual Town_ Dual County— R.P.T.S.A. MOW Held for Appointment Transfer Tax Comm. of Ed. — 5. 00 Mansion Tax _ 6 V1 davit ��� The property covered by this motgage is G) or will be improved by a one or two Certified Copy 9- family dwelling only. Re Co �\ YES or NO g• PY Sub Total _ �lJ If NO, see appropriate tax clause on Other Grand Total Page# of this instrument. 1000 1000 10 004. 000 4 District 03500 0100 009000 5 Community Preservation Fund Real FTS -- REAP A Consideration Amount $ 0 Property 18 JUN 07 Tax Service CPF Tax Due $ 0 Agency Improved Verification Vacant Land x 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD &RETURN TO: TD MICHAEL J. VERITY TD P .O. Box 476 Greenport, NY 11944 TD 7 Title Company Information Co. Name N/A Title# 8 Suffolk County Recording & Endorsement Page This page form part of the attached COMMON DRIVEWAY EASEMENT made by: (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in MICHAEL J. VERITY SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD VQa1Ty In the VILLAGE or HAMLET of GREENPORT BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILINCc (nvrrl COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this 15th day of June, 2007, by Michael J. Verity, residing at 160 Brown Street, Greenport, New York 11944 (hereinafter referred to as the "Declarant'). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on June 11, 2007, to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway for the installation of utilities and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 2 and 3 and only one common driveway access to serve Lots 4 and 5; WHEREAS, Declarant desires to provide for such shared driveway access to and from Sound Road. NOW, THEREFORE, be it declared as follows: 1. Lots 2 and 3 shall have common driveway access to and from Sound Road over the driveway on Lot 3. These lots shall at all times be limited to a single shared access to and from Sound Road, which shared common driveway access is more particularly bounded and described on Schedule "B" annexed hereto and made a part hereof. 2. Lots 4 and 5 shall have common driveway access to and from Sound Road over the driveway on Lot 4. These lots shall at all times be limited to a single shared access to and from Sound Road, which shared common driveway access is more particularly bounded and described on Schedule "C" annexed hereto and made a part hereof. 3. Vehicular access to and from said driveways for said lots shall be restricted to said common driveway access. 4. With regard to the use of the common driveways referenced above, such use shall be subject to the following conditions: - I - l i (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveways described in Schedules 'B" and "C" for the purpose of ingress and egress. (B) The terms 'lot owner" or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 2, 3, 4 and 5 does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveways, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveways described on Schedules "B" and "C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefor, as provided in paragraph "F" hereof. Each lot owner shall be responsible for the proportion of expenses that his/her vote has to the entire number of votes eligible to be cast, but in no event more than one share per lot. (F) All decisions for improvements and/or maintenance of the common driveways shall be made by majority vote of the lot owners having rights to such driveways. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners having lots to the respective driveways. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within thirty (30) days of the mailing of that notice shall be bound by the decision of those who do vote. (G) All lot owners agree that the common driveways shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 2, 3, 4 and 5 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any "potholes" or similar defects in the driveways which cause the driveways to become substandard. - 2 - I (H) In the event any of the lot owners fail to pay a proportionate share of maintenance expenses within fourteen (14) business days of notification of charges, &,;ch unpaid monies may be collected proportionately from each of the other lot owners. In this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in New York Lien Law. The lot owner who has not paid his/;her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners wltio have paid their proportionate share of expenses may also commence an actic)n against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. (1) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) The owners of , 4 and 5 shall have the riht to maintain, at their own cost and expenses heir v respective commondri eways, as described on Schedules "B" and "C". All reasonable costs and expenses in constructing and maintaining the said existing driveways shall be borne by the owners of the lots benefited by the respective common driveways. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Easement runs with the Land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. - 3 - I IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Michael J. Verit STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 15th day of June in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public BARBARA ANN RUDDER Notary Public,State of New York No.4855805 Qualified in Suffolk Cqunq� Commission Expires April 1+Ir w 4 - i IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Michael J. Verit STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 15`h day of June in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capaci individual, or the person Instrument. COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I,JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby certify that I have compared the annexed with the original Easement RECORDED in my office on ... -v�.. under LIBER...13. 5?°/.... PAGE ...$ .... and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set m hand and affixed the seal of said County and Court on this day of. !.. ,....., 200...x. iz-azasP.oiio�n CLERK ..�—��+-dS�.,Q:..�^+-�•--� – 4 - SCHEDULE A - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles and Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles and Sophie Raynor, the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road); THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road) 353.41 feet to a monument and land now or formerly of Jean and Joseph J. Misuraca; THENCE North 17 degrees 01 minute 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. and Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00, Lot 004.000 i SCHEDULE B - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land situate, lying and being at Greenport in the Town of Southold, County of Suffolk and State of New York, said parcel being particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road said point being situate North 27 degrees 48 minutes 03 seconds West, 421.78 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE from said point or place of BEGINNING through land now or formerly of Michael J. Verity, the following three courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 287.03 feet to a point; 2. North 27 degrees 48 minutes 03 seconds West, 20.00 feet to a point; 3. North 63 degrees 03 minutes 57 seconds East, 287.03 feet to the westerly side of Sound Road; RUNNING THENCE along the westerly side of Sound Road South 27 degrees 48 minutes 03 seconds East, 20.00 feet to the point or place of BEGINNING. SCHEDULE C - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land situate, lying and being at Greenport in the Town of Southold, County of Suffolk and State of New York, said parcel being particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road said point being situate North 27 degrees 48 minutes 03 seconds West, 441.78 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE from said point or place of BEGINNING through land now or formerly of Michael J. Verity, the following three courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 287.03 feet to a point; 2. North 27 degrees 48 minutes 03 seconds West, 20.00 feet to a point; 3. North 63 degrees 03 minutes 57 seconds East, 287.03 feet to the westerly side of Sound Road; RUNNING THENCE along the westerly side of Sound Road South 27 degrees 48 minutes 03 seconds East, 20.00 feet to the point or place of BEGINNING. • MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SOUjyo P.O. Box 1179 JERILYN B.WOODHOUSE � Southold, NY 11971 Chair 4 # OFFICE LOCATION: KENNETH L.EDWARDS N iv Town Hall Annex MARTIN H.SIDORG app 54375 State Route 25 GEORGE D.SOLOMON �ly (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COMM Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 2007 Mr. Michael J. Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the property of Michael J. Verity Located on the n/s/o Main Road and the w/s/o Sound Road in Greenport SCTM#1000-35-1-4 Zoning District: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday, June 11, 2007, adopted the following resolution: The public hearing was closed. WHEREAS, this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 sq. ft., Lot 2 equals 21,593 sq. ft., Lot 3 equals 25,081 sq. ft. exclusive of the flag strip, Lot 4 equals 20,477 sq. ft., exclusive of the flag strip, and Lot 5 equals 146,285 sq. ft., inclusive of 71,581 sq. ft. of clustered open space; and WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S., dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, on January 23, 2007, the applicant submitted one (1) copy of the subdivision map containing the Health Department stamp of approval; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted preliminary plat approval upon the map prepared by David H. Fox, L.S., dated October 18, 2005 and last revised on August 23, 2006; and WHEREAS, on April 2, 2007, the applicant submitted the application and fee for final plat approval, including copies of the final plat, prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on April 25, 2007; and Verity Standard Subdivision Page Two June 12, 2007 WHEREAS, on April 2, 2007, the applicant submitted copies of the final Draft Declaration of Covenants and Restrictions and the Common Driveway Easement for the Planning Board's review; and WHEREAS, the Southold Town Planning Board reviewed the final application submission at their Work Session on May 14, 2007; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants conditional final approval on the map prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on April 25, 2007, subject to the following conditions: 1. Submission of five (5) mylars and eight (8) paper prints of the final plat, each containing the Health Department stamp of approval. 2. Submission of the executed Agricultural and Open Space Easement that will be filed simultaneously with the subdivision map. 3. Submission of the recorded Declaration of Covenants and Restrictions. 4. Submission of the recorded Common Driveway Easement for each common driveway shown on the final map. 5. Submission of the Park and Playground Fee in the amount of$28,000. ($7,000. for each new residential lot created). This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, ?Nlyn B. Woodhouse Chairperson AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has r mained in place for seven days prior to the date of the public hearing on /! o0 I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature OPO - .&OI Address o� d -7 Da No ary Public MELANIE DOROSIO i NYNo?01D04634870 NeW York JUN - 8 2007 fien04SuftoIkObo�30, w, _ M^`ti Fa V".$WdYm'v.�'y.'.MaJa .rEoi.tl..,'V PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 6/8 /07 Re: Proposed Standard Subdivision of Michael Verity SCTM#: 1000-35-1-4 Date of Hearing: Monday, June 11, 2007 at 6:05 p.m. Postal m U 17� (Domestic Mail Only;No Insural Coverage Provided) L11 -„fin - - . LIL�•S. F.7f.7aairi�, _. Postage a $0.41 0944 M1 M -0 C3 Cemsed Fee •' •••• • .x�mm_ O $2.65 02 .n 0 Fleturn(ErWorgemeR Required) $2.15 FeeP res* .ru 2- �11 ' Le E M ReeMu1ed Del ve y Fee o Postage a $0.41 0944 ri (EMorsementRequired) $0,00 M m O Certlsed Fee $2,65 02 Tote)Postage a Fees $ $5,21 06/01/2007 � t7 Return ReceiptFee Pool O r o (Erndomemerd Reqired) $2.15 Here C3 O Restdded DelNery Fee ra (EndoreemeM Required) $0,00 M1SfrBet,ApG}%c.:__../C__________________________......r..�...............__..._..... � cl,PwPo �` - '0` - . m stege a Fees $ $5.21 06/01/2007 - ----------•---_. lbtal Po Stare. ............... 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J�+�J sly.8rere,a //Y IIII I II II IIIIIIIIIII 111111.��i►�'i;�:�J �'�:JylJll III I®II N'ICHAEL J. VERITY P.O. BOX 416 u.S. POSTAGE CREEWi 0 T N.Y. 11944 G u *07 AMo9141 NT 7005 3110 0003 0245 6797 X5.21 � o000 11949 00092232-02 r i �4% NF 5 oz,F ,4r f A o 0 r. r CERTIFIED MAIL tr 1CHAEL J. VERITY u.s. POSTAGE GREEN OR�N.Y.� 11944 111 11111111111111111111GR° *07 an11 o9,41 � ..=.K=00 u u $5.21 7005 3110 0003 0245 6810 0000 � 1195` 00092232-02 0 Zm A e y 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS ��0f soofyoP.O. Box 1179 JERILYN B.WOODHOUSE �0 �� Southold, NY 11971 Chair .1L * OFFICE LOCATION: KENNETH L.EDWARDS N ac Town Hall Annex MARTIN H.SIDOR !' �O 54375 State Route 25 GEORGE D.SOLOMON ��V (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND CQ�NN I Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 8, 2007 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Theodore R. Klein, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Standard Subdivision of Michael Verity Hamlet/Locality: Greenport S.C.D.P.W. Topo No.: See plat Zoning: R-40 S.C. Tax Map No.: 1000-35-1-4 Standard Sub. X Conservation Sub._Commercial Site Plan Residential Site Plan Re-Subdivision (Lot Line Change) MATERIAL SUBMITTED: Final Plat (2 copies)_(X)_ Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Application Packet as submitted by applicant. 2. One copy of the completed EAF Form. 3. One copy of the Negative Declaration issued by the Planning Board. Page 2 Southold Town Planning Board Referral Referral Criteria: The property is located on the north side of New York State Road 25 SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (X ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. ( ) No SEQRA Determination has been made 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( X )Yes ( )No Comments: This proposal is for a standard subdivision of a 5.54-acre parcel into five (5) lots where Lot 1 equals 21,454 sq. ft., Lot 2 equals 21,593 sq. ft., Lot 3 equals 25,081 sq. ft. exclusive of the flag strip, Lot 4 equals 20,477 sq. ft. exclusive of the flag strip, and Lot 5 equals 146,285 sq. ft. inclusive of 71,581 sq. ft. of clustered open space. We request acknowledgement of receipt of this referral ( X ) Yes ( ) No Referral received 2007 by the Suffolk County Planning Commission and assigned File No. Si erel , Anth ny P. Trezza Senior Planner �T MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 1 June 4, 2007 �.� JUN - 4 2007 BY HAND ! Planning Board of the Town of Southold ---� P.O. Box 1179 Southold, NY 11971-0959 _..�...._._ _----------..... __... .._._...._..._....: Re: Proposed Standard Subdivision for the Property of Michael J. Verity SUM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: For your records, enclosed please find a certified copy of the Declaration of Covenants and Restrictions in connection with the referenced matter, which document was recorded with the Suffolk County Clerk on June 1, 2007, in Liber D00012507, Page 589. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, 4?1 4� Michael J. Verity /mjv Enclosure r , • MAILING ADDRESS: PLANNING BOARD MEMBERS ��OFsoojyo P.O. Box 1179 JERILYN B.WOODHOUSE �� �� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H.SIDORG �O 54375 State Route 25 GEORGE D.SOLOMON Ol� ..�1 (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND Owl Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 2007 Mr. Michael J. Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the property of Michael J. Verity Located on the n/s/o Main Road and the w/s/o Sound Road in Greenport SCTM#1000-35-1-4 Zoning: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday, May 14, 2007, adopted the following resolution: WHEREAS, this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted preliminary plat approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006; and WHEREAS, on April 2, 2007, the applicant submitted the application and fee for final plat approval, the final draft Declaration of Covenants and Restrictions and the final draft Common Driveway Easement; and WHEREAS, on May 4, 2007, the applicant submitted the final plat, prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on April 25, 2007; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, June 11, 2007 at 6:05 p.m. for a final public hearing on the final plat prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on April 25, 2007. Michael J. Verity Page Two May 15, 2007 Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. June 8th. The sign and the post need to be returned to the Planning Board Office after the public hearing. Very truly yours, enlyn B. Woodhouse Chairperson Encs. 410 LXh .,IF FOR LUE wxna eoo a PE05 P[L W, - T� S SO 16�tJ 6 EE sEc w. LAC yQ � 59 eo-oz-oot n '�O f 1}Sae Y I1 T V ,tale`s y ! 6 ev ,laJ ,M1aLJ ]M1aptC(O • v O F. J >>] dwe�c s6 fi'W —J sa. 11.1 yB hy, A 1L ,+AF n p P2.111d •Q y5aW1 P 5�aa y ya es a so�sa�� M1' M1M1 d ' a FF � S 'Y dh a Oa FOS, °yk1 a, 0 50 C l}lc e' •51S t � V F. eA � ° ' S9 .n6y s a' 51a 3S a k _ _ O6F6��rjR s s t � SM1 All ,e iiu e. O .ecaE .6 -� g e ' a _ n 1ON I a VLL g'aA,s9 6'Saep POND10 : -Ae INLET :<'M1e roxo<axa>rre uxoi � 1�`a ef0 rt9 lI rmM1s-a M1 .ore ac 5auimOtO E EJ rloncE o 4A COUNTY OF SUFFOLK © E 101X01 SOUTHOLD secnoN NO VAI RExe"°E FAN °°e SALE ox Real Property Tax Service Agency Y 4maeunoi al nr PWlrory ar EeE o°. `0 nu4t a su oLx.cao lr rax Pis PeomelTEo ^ �^ Gounty Center AlveMeaQ N Y 17901 V35 '1��. re _ V om r nE E sitz 1,THE 4 4 SceLE w LEFT M %1 r :o.t Pm ,.�111"+cEsr- ova®M1' A .. - Is "lw __ PROPERTY MAP 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 standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-35-1-4; 3. That the property which is the subject of this application is located in the R-40 Zone; 4. That the application 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space.. The property is located on the north side of Main Road and the west side of Sound Road in Greenport; 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. June 11. 2007 at 6:05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the 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: Michael J. Verity Date: 5/25/07 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri.. 6/11/07 Re: Proposed Standard Subdivision of Michael Verity SCTM#: 1000-35-1-4 Date of Hearing: Monday, June 11. 2007 at 6:05 p.m. MICHAEL J . VERITY MICHAEL J . VERITY STANDARD SUBDIVISION 1000 =35 = 1 =4 Proposal to subdivide a 5.54-acre parcel into five 5 lots in the R-40 Zone. MONDAY, JUNE 119 2007 - 6 : 05 P . M . SF MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 r ' March 30, 2007__,_. i , l APO - BY HAND 2 2007 Planning Board of the Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Proposed Standard Subdivision for the Property of Michael J. Verity SUM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: Pursuant to the Planning Board's request, I am enclosing the following Icy— documents in connection with the referenced subdivision: ,w 1. Application for Final Plat Approval along with the application fee; 2. Proposed Declaration of Covenants and Restrictions; and 2. Proposed Common Driveway Easement. Please schedule my subdivision application for final plat approval at your earliest convenience. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, Michael J. Verity /mjv Enclosures ' S"F Submission Without a Cover Letter Sender: // y Subject: h- /'/ r,r�nriww x SCTM#: 1000 - d l�a �-/ 7 zo2007 �1 Date: O ` Comments: �ks�����✓/�/J� �� � � ,t L-_ Submission Without a Cover Letter Sender: Subject: SCTM#: 1000 - Date: Comments: Vj 1 Ll,I ,` Zn01 ,ou:e r..z-+tlwfrcma+oyxr�.n�..,.. Page 1 of 1 Verity, Mike From: mel [nordenl@optonline.net] Sent: Thursday, January 11, 2007 11:52 AM To: Verity, Mike Cc: marieldobler@aol.com Subject: subdivision proposal ---Sound Road --- SCTM#1000-35-1-4 Hi, Michael: It was good to meet you the other night at the Town of Southold Planning Board meeting. Thanks for taking the time to introduce yourself and answer our questions about your proposal. We were all pleased to hear of your plans for the property --- the designated open space and the fact that you hoped to clear as few trees as possible (particularly on the large lot and the open space parcel next to it). Replanting over time with some evergreens was music to our ears, particularly to Mariel and Max Dobler, your neighbors to the west. We will probably see you at the next hearing. Best of luck with your plans for the neighborhood. They sound great! Cordially, Melanie Norden 631-477-4914 r 1/12/2007 #8384 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 31St day of May, 2007(. �I \J Principal Clerk Sworn to before me this L day of 2007 MALMO= Nem ef�gYMN that; QIHRISYTSINA VOLT NOTICE-IS''AB" NOTARY PUBLIC-STATE OF NEW YORK pursuant to Section 276 of the TownLaw I and NO. 01-V06105050the Town ofSoutthol,oa,public hear 9ualltled In Suffolk County be held btheIng aiinBoard,at the Town tial,Main commission Expires February 28, 2008 Pi'Road,Southold,New York on the 11th day of Ime,2887 on the question of the l6uBu ptop'oead amend C site plan-:Eur North Fork Self Storage loaat- At1*'15L co'mo=d rtn , o ° To,V 1,5StslieofNea'Yor .Suffolk Count' ,. y Map Number 1(ID01 14 ,�;y� df 6.-00 pm. PrOV' subdr thk Michael 1.Verity,idcated on Shaslo°. Mam Road and the w/s/oSound` oad in Greenport 1'ownof Southold,Coun tyi4f$a .r B R TOWN PLANNING BOARR r17 n B.Woodhouse,Chairperson8384-1T511 �� I 4 L.-- • MAILING ADDRESS: PLANNING BOARD MEMBERS ��0� sn�Tyo P.O. Box 1179 JERILYN B.WOODHOUSE h� �� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS CA Town Hall Annex MARTIN H.SIDOR G �O 54375 State Route 25 GEORGE D.SOLOMON O�� rtV ..A (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND CQU ��`C•" Southold, NY Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of June, 2007 on the question of the following: 6:00 p.m. Proposed amended site plan for North Fork Self Storage located approximately 370' e/o Depot Lane on the n/s/o County Road 48 known as 50 Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.4 6:05 p.m. Proposed subdivision of Michael J. Verity, located on the n/s/o Main Road and the w/s/o Sound Road in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map #1000-35-1-4 Dated: 5/24/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, May 31, 2007 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 24th day of May, 2007, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. 06/11/07 Public Meeting: 6:00 p.m. - Public Hearing for the proposed amended site plan for North Fork Self Storage - SCTM# 1000-96-1-1.4 6:05 p.m. - Public Hearing for the proposed subdivision for Michael J. Verity - SCTM# 1000-35-1-4 Linda Iph Secretary, Southold Town Planning Board Sworn to before me this 20-day 2007. t2ie� �J Notary ublic MELANIE DOROSKI NOTARY PUBLIC,State of New York No,01D04634870 Qualified in Suffolk County Commission Expires September 30, • MAILING ADDRESS: PLANNING BOARD MEMBERSrg SOUjyo P.O. Box 1179 JERILYN B.WOODHOUSE �Q l0 Southold, NY 11971 Char OFFICE LOCATION: T KENNETH L.EDWARDS d+ -)kc Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMONOff', 'M (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �.QUIY1,�� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of June, 2007 on the question of the following: 6:00 p.m. Proposed amended site plan for North Fork Self Storage located approximately 370' e/o Depot Lane on the n/s/o County Road 48 known as 50 Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.4 6:05 p.m. Proposed subdivision of Michael J. Verity, located on the n/s/o Main Road and the w/s/o Sound Road in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map #1000-35-1-4 Dated: 5/25/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson Submission Without a Cover Letter Sender: Subject: SCTM#: 1000 - Date: OS-1.7- .2-1-07 Comments: t MAY 2 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made as of this day of , 2007, by Michael J. Verity, residing at 160 Brown Street, Greenport, New York 11944 (hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide said real property into five (5) lots, as shown on the subdivision map entitled "Final Plat For the Property Of: 'Michael Verity' at Greenport", which map is intended to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be in the best interests of the Declarant and subsequent owners of said lots; and WHEREAS, Declarant is required, pursuant to said approval, to create mutual easements for the purpose of ingress and egress to the above-described lots or parcels of land for the installation and maintenance of utilities and for all other lawful purposes in favor of these parcels; NOW, THEREFORE, be it declared as follows: That the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants and easements which shall run with the land and shall be binding upon Declarant and all subsequent owners of said real property, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: - 1 - 1. No further subdivision of any of the lots reflected on the subdivision map referenced above shall be allowed, in perpetuity. 2. Any and all changes to the lot lines of any of the lots in connection with said real property shall require approval by the Planning Board of the Town of Southold. 3. Pursuant to Section 240-49(C) of the Code of the Town of Southold, the clearing restrictions for said lots are as follows: (i) Lots 1 through 4 inclusive: 60% of each lot site shall be permitted to be cleared. (ii) Lot 5: 20% of said lot site shall be permitted to be cleared. 4. All residential structures built or located on Lot 5 of said subdivision map shall only be permitted within the building envelope of Lot 5 as reflected on the approved subdivision map. 5. The area of said subdivision map designated as "Open Space Area" shall be subject to an Agricultural Conservation Easement that will be filed in the Office of the Suffolk County Clerk simultaneous with the subdivision map. 6. A buffer entitled "25' Wide Landscaped Buffer" within the Open Space Area for Lot 5, as shown on the approved subdivision map, shall be preserved and left in its natural state. 7. All future property owners/residents of the lots in connection with said real property are hereby noticed that they may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXI, Farmland Bill of Rights, of the Code of the Town of Southold. 8. All stormwater runoff resulting from the development of any of the lots in connection with said real property shall be retained on site and shall be the responsibility of each property owner. Gutters, leaders and subsurface drywells shall be installed in connection with such development to contain surface runoff. 9. Prior to construction on any of the subject lots of the subdivision, such construction project shall require a General Permit of the storm water runoff form construction activity (GP-02-01) administered by New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10. The use of native plants and disease-resistant and drought-tolerant plants are required in landscaping the lots in connection with said real property. - 2 - 11. The use of synthetic pesticides and fertilizers is prohibited in connection with said real property. 12. All driveways shall be constructed of pervious materials. 13. Access to Lots 2 and 3 shall be from a common driveway over Lot 3 as reflected on the approved subdivision map. 14. Access to Lots 4 and 5 shall be from a common driveway over Lot 4 as reflected on the approved subdivision map. 15. Access to Lot 1 shall be from a private driveway. 16. Access to Lot 5 from the Main Road a/k/a New York State Route 25 is prohibited. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his 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 of Southold 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 law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated and made a part hereof, as though fully set forth herein. That the within Declaration shall rur with the land and shall be binding upon the Declarant and his successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. - 3 - IN WITNESS WHEREOF the Declarant has duly executed this Declaration the day and year first above written. Michael J. Verity STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the _day of in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - 4 - OL Submission Without a Cover Letter Sender: Subject: SCTM#: 1000 - Date: Comments: K,, MAY - 4 2001 �� MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 April 23, 2007 BY HAND Planning Board of the Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Proposed Standard Subdivision for the Property of Michael J. Verity SUM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: Please be advised that pursuant to the Subdivision Code of the Town of Southold, I request that the Planning Board waive the hearing on the final approval of the referenced subdivision due to the fact that there have been no substantial (or any) changes between the approved preliminary plat and the final plat. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, 711��el G Michael J. Verity /mjv D E Vr 1. � ^ 7 Ar it 2001 SF MICHAEL J. VERITY P.O. Box 476 Greenport, NY 11944 r March 30, 2007__ BYHAND ' I' APA - 2 2007 Planning Board of the Town of Southold �_ P.O. Box 1179 Southold, NY 11971-0959 Re: Proposed Standard Subdivision for the Property of Michael J. Verity SUM No. 1000-35-1-4 Zoning District: R-40 Dear Members of the Board: Pursuant to the Planning Board's request, I am enclosing the following CJ"" documents in connection with the referenced subdivision: Zj 1. Application for Final Plat Approval along with the application fee; 'w 2. Proposed Declaration of Covenants and Restrictions; and 2. Proposed Common Driveway Easement. Please schedule my subdivision application for final plat approval at your earliest convenience. Thank you for your attention. If you require anything further regarding this matter, please do not hesitate to contact me. Very truly yours, Michael J. Verity /mjv Enclosures 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 Michael verity 2. Suffolk County Tax Map # 1000-35-1-4 3. Hamlet Greenport 4. Street Location 405 Sound Road & C. R. 48 5. Zoning District R-40 6. Date of Submission March 30 , 2007 ' B 7. Sketch Plan Approval Date August 14, 2006 — 8. Preliminary Approval Date February 12 , 2007 APR - 2 2007 I 9. Number of Lots Proposed Five � - 10. Acreage of Open Space/Reserved Area 1. 6 acres L N/A it. Affordable Housing Units Proposed 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. Yes 15. Application prepared by [&] owner [ ] agent [ ] other Signature of Preparer Date 3 30 °7 Af i DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS, made as of this _ day of 2007, by Michael J. Verity, residing at 160 Brown Street, Greenport, New York 11944 (hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide said real property into five (5) lots, as shown on the subdivision map entitled "Final Plat For the Property Of: 'Michael Verity' at Greenport", which map is intended to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be in the best interests of the Declarant and subsequent owners of said lots; and WHEREAS, Declarant is required, pursuant to said approval, to create mutual easements for the purpose of ingress and egress to the above-described lots or parcels of land for the installation and maintenance of utilities and for all other lawful purposes in favor of these parcels; NOW, THEREFORE, be it declared as follows: That the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants and easements which shall run with the land and shall be binding upon Declarant and all subsequent owners of said real property, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: - 1 - 1. No further subdivision of any of the lots reflected on the subdivision map referenced above shall be allowed, in perpetuity. 2. Any and all changes to the lot lines of any of the lots in connection with said real property shall require approval by the Planning Board of the Town of Southold. 3. Pursuant to Section 240-49(C) of the Code of the Town of Southold, the clearing restrictions for said lots are as follows: (i) Lots 1 through 4 inclusive: 60% of each lot site shall be permitted to be cleared. (ii) Lot 5: 20% of said lot site shall be permitted to be cleared. 4. All residential structures built or located on Lot 5 of said subdivision map shall only be permitted within the building envelope of Lot 5 as reflected on the approved subdivision map. 5. The area of said subdivision map designated as "Open Space Area" shall be limited to open space or agricultural operations (the "Agricultural Easement Area") and Declarant (or "Grantor") hereby grants an easement to the Town of Southold (or "Grantee') as follows: A. Grantor does hereby grant, transfer, bargain, sell, and convey unto Grantee, in perpetuity, an agricultural , scenic, and conservation easement in gross, of the nature, character, and to the extent hereinafter set forth over and upon all that certain parcel of land set forth and described above (herekafter sometimes referred to as the `burdened premises" or the "premises'). B. The nature, character, and extent of the easement hereby granted are as follows: (i) the use and development of the burdened premises shall forever be restricted to some or all of the following activities: (ii) agricultural operations, as defined in the Town Code of the Town of Southold as of this date, in the definition of"Agriculture". (iii) the use of farm vehicles and equipment in connection with agricultural operation. C. In furtherance of the restrictions imposed by this paragraph 5, the following activities are regulated as set forth below: - 2 - (a) Except to the extent specifically required for, or in direct aid of, the uses of the burdened premises which are permitted by paragraph 5(B) above. (i) no trees or shrubs shall be destroyed, cut, or removed from the premises; (ii) no dump or storage area for the disposal of ashes, trash, rubbish, sawdust, garbage, offal, or any unsightly or offensive material shall be established or permitted to exist on the premises, nor shall any burning of refuse be permitted thereon; and (iii) the natural contours and subsurface conditions of the premises shall remain generally undisturbed, and in their present natural state; In all events: (i) no permanent or temporary residential or nonresidential buildings or structures, including any billboards or other advertising signs, shall be constructed, erected, maintained, or moved onto or within the premises, except as provided in paragraph F(b) below; (ii) no commercial lumbering operations shall be undertaken on the premises, other than those associated with forestry management and approved by the Regional Forester of the State of New York; (iii) no portion of the premises shall be used for a leaching or sewage disposal field; nor shall any portion of the premises be used for a drainage basin or sump, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the premises; (iv) no roads, streets, driveways, or rights of way for non- agricultural use shall be constructed or permitted to come into existence on the burdened premises; and (v) no aboveground utilities or utility lines shall be installed on the burdened premises. D. Nothing herein shall prevent the burdened premises from being allowed to lie unused or fallow; however, it is understood and agreed that it is the intent of the parties hereto that the burdened premises shall in fact be forever available for agricultural use and, to that end, Grantor shall do nothing which unreasonably hinders such use of the premises or which unreasonably diminishes the suitability of the premises for agricultural use. - 3 - E. Grantee shall have the right to inspect the burdened premises for the purpose of assuring itself that Grantor is not in violation of any of the terms and conditions of this easement, any such inspection to be prior arrangement with, and at the reasonable convenience of Grantor, provided, however, that Grantee may inspect the premises at other times if it has reasonable cause to believe a substantial violation of this easement is being undertaken or has occurred. F. The nature, character, and extent of limitations on this easement shall be as follows: (a) The burdened premises shall not be open or available to the public for general or park use by reason of this easement, but instead shall remain at all times in Grantor's exclusive possession, and subject to Grantor's unqualified right to exclude all others therefrom by any and all lawful means, except as provided for in paragraph 5(E) above. (b) Grantor may continue to use, maintain, and replace (in-place and in-kind) those nonresidential buildings and structures legally existing on the premises as of the date and year first above written; and Grantor may also construct or erect buildings and structures reasonably necessary for agricultural operations actually being conducted on the burdened premises, provided site plan approval therefore is first obtained from the Planning Board of the Town of Southold. (c) All rights, interest, and privileges of Grantor in the burdened premises not specifically granted, transferred, bargained, sold, or conveyed to Grantee herein shall remain and reside with Grantor. G. All of the benefits, burdens, conditions, and restrictions of this easement shall run with the land. To that end, all references herein to Grantor shall also refer to Grantor's successors in interest. H. Failure of Grantee to insist upon the strict performance of any provision of this easement shall not abrogate, or be deemed to waive, any of Grantee's rights under this easement. I. In accordance with Section 247 of the General Municipal Law, Grantee hereby undertakes to cooperate to the extent legally permissible in having a valuation placed upon the burdened premises for the purposes of real estate taxation which takes into account, and is limited by, the use restrictions imposed by this easement. J. If at any time the whole or any part of the burdened premises shall be taken or condemned by Grantee, by any other governmental body or entity, or by any public authority, the easement hereby granted shall terminate as to those - 4 - portions of the premises so taken or condemned, so that as of the time of such taking or condemnation the burdened premises for the portions so taken or condemned shall not be subject to the restrictions set forth herein. In any such event, Grantor shall not be required to pay any penalties, nor shall the value of the burdened premises be in any way diminished or limited by this easement (even for the purposes of computing severance damages, if any, as to those parts of the premises not taken or condemned, nor shall any part of the condemnation award belong to or be payable to Grantee. 6. A buffer entitled "25' Wide Landscaped Buffer" within the Open Space Area for Lot 5, as shown on the approved subdivision map, shall be preserved and left in its natural state. 7. All future property owners/residents of the lots in connection with said real property are hereby noticed that they may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXI, Farmland Bill of Rights, of the Code of the Town of Southold. 8. All stormwater runoff resulting from the development of any of the lots in connection with said real property shall be retained on site and shall be the responsibility of each property owner. Gutters, leaders and subsurface drywells shall be installed in connection with such development to contain surface runoff. 9. Prior to construction on any of the subject lots of the subdivision, such construction project shall require a General Permit of the storm water runoff form construction activity (GP-02-01) administered by New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 10. The use of native plants and disease-resistant and drought-tolerant plants are required in landscaping the lots in connection with said real property. 11. The use of synthetic pesticides and fertilizers is prohibited in connection with said real property. 12. All driveways shall be constructed of pervious materials. 13. Access to Lots 2 and 3 shall be from a common driveway over Lot 3 as reflected on the approved subdivision map. 14. Access to Lots 4 and 5 shall be from a common driveway over Lot 4 as reflected on the approved subdivision map. 15. Access to Lot 1 shall be from a private driveway. - 5 - • 16. Access to Lot 5 from the Main Road a/k/a New York State Route 25 is prohibited. These covenants and restrictions may only be modified at the request of the then owner of said real property and said modification requires that a public hearing be held before the Planning Board of the Town of Southold and further requires the approval of a majority plus one of the Planning Board. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF the Declarant has duly executed this Declaration the day and year first above written. Michael J. Verity STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the _day of in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public - 6 - SCHEDULE A - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles and Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles and Sophie Raynor, the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road); THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road) 353.41 feet to a monument and land now or formerly of Jean and Joseph J. Misuraca; THENCE North 17 degrees 01 minute 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. and Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00, Lot 004.000 • , DRAFT COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this day of 2007, by Michael J. Verity, residing at 160 Brown Street, Greenport, New York 11944 (hereinafter referred to as the "Declarant'). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on 2007, to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway for the installation of utilities and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 2 and 3 and only one common driveway access to serve Lots 4 and 5; WHEREAS, Declarant desires to provide for such shared driveway access to and from Sound Road.- NOW, THEREFORE, be it declared as follows: 1. Lots 2 and 3 shall have common driveway access to and from Sound Road over the driveway on Lot 3. These lots shall at all times be limited to a single shared access to and from Sound Road, which shared common driveway access is more particularly bounded and described on Schedule "B" annexed hereto and made a part hereof. 2. Lots 4 and 5 shall have common driveway access to and from Sound Road over the driveway on Lot 4. These lots shall at all times be limited to a single shared access to and from Sound Road, which shared common driveway access is more particularly bounded and described on Schedule "C" annexed hereto and made a part hereof. 3. Vehicular access to and from said driveways for said lots shall be restricted to said common driveway access. 4. With regard to the use of the common driveways referenced above, such use shall be subject to the following conditions: - 1 - (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveways described in Schedules "B" and "C for the purpose of ingress and egress. (B) The terms 'lot owner" or 'lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 2, 3, 4 and 5 does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveways, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveways described on Schedules "B" and "C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefor, as provided in paragraph "F" hereof. Each lot owner shall be responsible for the proportion of expenses that his/her vote has to the entire number of votes eligible to be cast, but in no event more than one share per lot. (F) All decisions for improvements and/or maintenance of the common driveways shall be made by majority vote of the lot owners having rights to such driveways. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners having lots to the respective driveways. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within thirty (30) days of the mailing of that notice shall be bound by the decision of those who do vote. (G) All lot owners agree that the common driveways shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 2, 3, 4 and 5 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any "potholes" or similar defects in the driveways which cause the driveways to become substandard. - 2 - (H) In the event any of the lot owners fail to pay a proportionate share of maintenance expenses within fourteen (14) business days of notification of charges, such unpaid monies may be collected proportionately from each of the other lot owners. In this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in New York Lien Law. The lot owner who has not paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. (1) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) The owners of Lots 2, 3, 4 and 5 shall have the right to maintain, at their own cost and expense, their respective common driveways, as described on Schedules "B" and "C". All reasonable costs and expenses in constructing and maintaining the said existing driveways shall be borne by the owners of the lots benefited by the respective common driveways. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. - 3 - • IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Michael J. Verity STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the _day of in the year 2007 before me, the undersigned, personally appeared Michael J. Verity, 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 he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4 - SCHEDULE A - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles and Sophie Raynor and being distant northerly 304.08 feet from the corner formed by the intersection of the northerly side of Main Road (North Road) and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles and Sophie Raynor, the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet; and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis & Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two (2) courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road (North Road); THENCE South 77 degrees 57 minutes 30 seconds West, along the northerly side of Main Road (North Road) 353.41 feet to a monument and land now or formerly of Jean and Joseph J. Misuraca; THENCE North 17 degrees 01 minute 56 seconds West along said land, 491.62 feet to land now or formerly of Andreas & Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East, along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. and Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road, 295.41 feet to the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 035.00, Block 01.00, Lot 004.000 SCHEDULE "B" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot Nos. 2 and 3 on a certain map entitled "Final Plat For the Property Of: 'Michael Verity' at Greenport" filed in the Suffolk County Clerk's Office on 2007, as Map No. SCHEDULE "C" ALL that certain plot, piece or parcel of land, situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot Nos. 4 and 5 on a certain map entitled "Final Plat For the Property Of: 'Michael Verity' at Greenport" filed in the Suffolk County Clerk's Office on , 2007, as Map No. 4 MAILING ADDRESS: PLANNING BOARD MEMBERS OF so�Ty P.O. Box 1179 JERILYN B.WOODHOUSE ��`�` �l0 Southold, NY 11,971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D.SOLOMON ��� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND loul l' Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2007 Mr. Michael Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the property of Michael J. Verity Located on the n/s/o Main Road and the w/s/o Sound Road in Greenport SCTM#1000-35-1-4 Zoning: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday, February 12, 2007, adopted the following resolution: WHEREAS, this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, an application for preliminary plat approval was submitted on October 5, 2006, including the preliminary map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006; and WHEREAS, on October 5, 2006, the applicant submitted draft Declaration of Covenants and Restrictions; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Preliminary Plat Approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006, subject to the following conditions: 1 Michael J. Verity Page Two February 13, 2007 1) Submission of the application and fee for final plat approval. The final map shall contain the following revisions: a) Show the common driveways within the flag strips and any proposed plantings. b) Add the Declaration of Covenants and Restrictions to the map. c) Add a note which states that "The final plat has been adopted pursuant to the terms of Amended Chapter 240, subdivision of Land, effective August 24, 2004." d) Add a note which states that "A Declaration of Covenants and Restrictions has been filed in the County Clerk's Office which affects this subdivision and the properties within in." e) Show a metes and bounds description for the open space area on Lot 5. f) Show a 25'-wide vegetated buffer within the open space area along Main Road. Label this buffer as a 25'-wide landscaped buffer. g) Delineate the open space area with a dashed line. 2) Submission of the final draft Declaration of Covenants and Restrictions with the following additional clauses: a) Access to Lots 2 & 3 shall be from a common driveway over Lot 3 as shown on the approved map. b) Access to Lots 4 & 5 shall be from a common driveway over Lot 4 as shown on the approve map. c) Access to Lot 1 shall be from a private driveway. d) Access to Lot 5 from Main Road (NYS ROUTE 25) is prohibited. e) All driveways shall be constructed of previous materials. f) All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. g) Landscaping of any or all of the lots shall consist of native, disease-resistant and drought-tolerant plants. h) The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. i) The Open Space Area on Lot 5 is subject to a 25'-wide landscaped buffer as shown on the approved map. 3) Submission of a draft Agricultural/Open Space Easement pertaining to Lot 5. 4) Submission of draft Common Driveway Easements for each common driveway shown on the final map. 5) LWRP Coastal Consistency review by the Town of Southold. 6) Review and approval by the Suffolk County Planning Commission, 7) Submission of the park and playground fee in the amount of $28,000 ($7,000 for each new residential lot created). Michael J. Verity Page Three February 13, 2007 This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson • • MAILING ADDRESS: PLANNING BOARD MEMBERS �QF S0 P.O. Box 1179 JERILYN B.WOODHOUSE �0� Ql� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON Q� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �CQU N Southold, NY Telephone: 631 765-1938 Fax PLANNING BOARD OFFICE TOWN OF SOUTHOLD f To: Jerilyn Woodhouse, Chair Town of Southold Planning Board From: Mark Terry, LWRP Coordinator FEB ' 9 2001 1 Principal Planner L Date: February 8, 2007 Re: Proposed Standard Subdivision for the property of Michael J. Verity SCTM# 1000-35.4-4 Zoning District R-4L- ----" �Y r This proposal is to subdivide a 5.54-acre parcel into five(5)lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet exclusive of the flag strip,Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. To further Policy 3 and enhance visual quality and protect the scenic resources throughout the Town of Southold require: 1. The designation of a vegetated buffer on the property where it abuts New York State Road 25, a New York State Scenic Byway. The purpose of the vegetated buffer is to screen components of development which detract from visual quality. To further Policy 5, and protect and improve the water quality and supply in the area, require the following best management practices: 2. Require the use of gutters, leaders and subsurface drywells to retain surface runoff. 3. Require the use of native plants and encourage the use of disease-resistant and drought- tolerant plants in landscaping. 4. Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply. 5. Require pervious driveways to serve each lot. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is generally consistent with the LWRP provided that the above recommendation 1 through 5 are required in any subdivision approvals. Cc: File Anthony Trezza, Senior Planner Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/01/06 Receipt#: 2942 Transaction(s): Reference Subtotal 1 1 Application Fees 35-1-4 $1,000.00 Check#: 2942 Total Paid: $1,000.00 S Name: Verity, Michael Po Box 476 Greenport, NY 11944 Clerk ID: LINDAC Internal ID:35-14 CHIEF DARRYL F.VOLINSKI (631)477-9801 -STATION 1 1sT ASST.CHIEF CLIFFORD J.HARRIS (631)477-8261 -STATION 2 2ND ASST.CHIEF JOHN D.GRILLI (631)477-1943-CHIEFS OFFICE CHAPLAIN T.LAMOTHE (631)477-4012-FAX ASST.CHAPLAIN C.KUMJIAN THIRD STREET-P.O.BOX 58 TREAS/SECRETARY L.TUTHILL GREENP.ORT,NY 11944 RECORDING SECRETARY S.PIRILLO _ _Email.gfC�re,®optonline.net Organized 1845 - February 6, 2007 2)5 Chairman Southold Town Planning Board �.- Main Road ' Southold, NY 11971 ------ Re: Subdivision Fire Protection-Firewells and hydrants Michael J. Verity Sound Road Greenport, NY 11944 TO WHOM IT MAY CONCERN: The Greenport Fire Department Council ( Board of Wardens) approved the existing hydrants in the area of the above mentioned subdivision as meeting the requirements of the code and standards. Enclosed is a copy of the Board of Wardens Meeting on 20 December 2006 in which the last 3 lines on page 2 discusses and gives the approval of the Hydrants of this Subdivision. awrence M, Tuthill Secretary and Treasury CHIEFAARRYL F.VOLINSKI � (631)477-9801 -STATION 1 '16T ASST.CHIEF CLIFFORD J.HARRIS I'1►� (631)477.8261 -STATION 2 2N0 ASST.CHIEF JOHN D.GRILLI • (631)477-1943-CHIEFS OFFICE CHAPLAIN T.LAMOTHE ( T-P.O.2-FAXBOX 68 ASST.CHAPLAIN C.KUMJIAN THIRD STREET R P.O TREAS/SECRETARY L.TUTHILL GREENPORT,NY 11944 RECORDING SECRETARY S.PIRILLOr , Email:gtd8re0optonline.net I'll,. -.-Jw Organized 1845 BOARD OF WARDENS REGULAR MONTHLY MEETING—20 December 2006 he meeting was called to order at 19:37, with the Pledge of Allegiance immediately following. i attendance were all ten Wardens and all three Chiefs. ollowing a moment of silence for departed Members, Chief Volinski asked if anyone wished to address the Board, with the Alowing results: Captain Carey introduced new Member Gillian Pultz. He also reported that the shuffleboard night"went very well", and that the Iepartment was reimbursed for the majority of associated expenses, with the raffle"paying far the food". He also thanked all for upporting this effort. Member Sally Corwin thanked the Board for reimbursement of expenses resulting from the recent Vital Signs trip. Member orwin also stated that she received 26.5 CME credits total, and asserted that the"best part was the new rigs". 2nd Lieutenant Ben Heins inquired as to where bunker gear"comes from", and why some Members are"skipped over". bnsequentiy,the 1"Assistant Chief explained the fitting procedure, and added that the Captain was well aware of the fitting. Ifficer Heins then inquired as to why"Hook and Ladder cant get a radio replaced for the last 14 months".This inquiry prompted hief Volinsld to inform that he should"check the true,since he thinks that the 2"d Assistant did indeed place a radio in the vck. Zed Lieutenant Heins then expounded that he has a"personal problem"with Chief Volinski. Member Creedon requested reimbursement for the gas used during the recent trip, especially since all receipts were in hand. Captain Manwaring asked when the EMS Board would be updated, and also wondered about the whereabouts of the EMT oard. He further inquired as to whether"we're still doing iti',since he was not asked to submit corresponding names for the pcoming year.The Captain also asked whether the contract for the radios was awarded,and suggested that maybe we can me down on them a bit'. As the last point, Captain Manwaring stated that the replacement of expired drugs,totaling $ 592,was -quired from Hammer Medical. Member Verity requested the status of the letter regarding his personal sub-division question. Warden Quarty inquired whether ie NFPA rules and regulations still need to be followed, in that case. (Member Verity responded affirmatively.) IM(Watkins), MS and carried to accept the previous month$ minutes as written. II he minutes of the most recent Company Officers meeting were not available. Measurer's Report After reading the report,Warden Tuthill announced that the Department"made $ 10.96"on the shuffleboard event, which will e accounted for in next month's report He further presented his report on the Syracuse trip, and also asked for permission to ay Secretary Pirillo the$ 125 owed for the fourth quarter payment. Warden Tuthill advised that a check for$ 125 was received, in memory of Melissa Parker, and suggested that it be placed in the hemorial fund. Warden Barszczewski questioned the Syracuse report, especially concerning whether the$ 30 on the Treasurer's Report is the 3me$ 30 requested by Member Creedon.This prompted Warden Hubbard to assert that all other attendees were then paid ,ithout permission, since the Board had decided to review gasoline payment reimbursements prior to payment IM(Hubbard)to accept the Treasurer's Report as written,and to pay the last remaining bill (of$ 30)from the recent trip. MS. IC. MM(Quarty) to pay Secretary Pirillo. MSMC. ilk: $ 132.13 for B.J's for the legislative committee, and $ 253 for another bill. orresoondences bnaitfons 50 from the Ladies Association of the Sts Anargymi,Taxiahris and Gerasimos Greek Orthodox Church 10 from Ms.Ruth Redding,to be put towards the"holiday party or whatever" 200 from Jerry Shulman Produce Shipper 2000 from Peconic Landing ducadon and Training rookhaven sponsored workshop at the Patchogue FD on 3/10 at 8 a.m., concerning how to properly process bills, as well as other topics 2 From Other Fire Departments Application to purchase space in the Mattituck FD journal re the 100"' Anniversary MMSC—with Warden Watkins opposed -to deposit all checks into the fund raising account, with the exception of the check in memory of Melissa Parker, which is to be deposited into the Memorial Fund. [Warden Watkins earlier made a motion bo use the 10 check as received for the holiday party. As there was no second,the motion did not progress.] Warden J.J. Pirillo asserted that the purchase of an ad in the journal would be a"nice"way of showing support for a neighboring department. MM(JJP)to purchase a 1/8 page sized advertisement in the Mattituck FD journal. MM(Barszcsewski)to purchase a 1/a page sized advertisement in the journal —at$ 125 total. MS(Watkkns). MC. Reading of the Finance Committee Report As there was no meeting of the Finance Committee in December,there was no report. Chief Volinski re-affirmed that all bills were paid. MM(King)to purchase all necessary supplies requested by Captain Manwaring. MS(Quarty). MC. Company tiests 8-3-1 : Thermal imaging camera,to be shared with 8-3-2 B-3-2 : None 8-3-3 : None 8-3-4 : Safety"bump ups"for their doors 8-3-5 : None Applications for Membership Michael Harrison to Standard Hose MM(Watkins)to accept the application, pending receipt of"favorable"paperwork Jamie Dinizio to the Rescue Squad MM(Quarty)to accept the application. MS(King). MC. Report of Committees BUILDING AND GROUNDS: The Engineer was present on the day of the Christmas Parade,and the corresponding report is forthcoming. BY-LAWS:The next meeting will be held on the third of J nuary at 7:30. FUNERAL: No report COMMUNICATIONS: It was confirmed that the Village does in fact accept County contracts. MM(Watldns)to accept Proposal B, with the requisite engraving. MS(Quarty). MC. SERVICE AWARDS: Secretary Pirillo announced that the 2005 benefit statements were received, and will be distributed following the meeting. H WASHINGTON S BIRTHDAY: It was reported that the invitations were sent out, and that the Company Officers have their assignments. PICNIC: All reports are in hand,with the exception of the Relief Hose report. Unfinished Business: None Report of Deleaates: None New Business Warden Quarty inquired as to the status of the 1s`Assistants Chiefs vehicle. I'Assistant Chief Harris responded that"it has a transmission problem", which will cost approximately$ 1500 to repair. Warden J.A. Pirillo questioned whether the vehicle has a 100,000 mile m��ile�.warranty, and was told that it does not. Chief VolinsKarolyn Grimm,the new Administrative Assi nt. Warden Kalin then inquired why"Fire wells"were referen , and was told Member Verity that it is a"generic statement'. Member Verity suggested the use of a "boiler plate" generic letter. MSMC. 3 Warden J.A. Pirillo asserted that the bill for 8-3-4 is to be"re-forwarded", as the Department should seek reimbursement for damages resulting from repair. Warden Blasko presented photographs of the memorial plaques discussed at a previous meeting. The 1`r Assistant Chief announced that—as a result of the Tier I Gass held in November—"radiation gear"was given to the Department. He asked where said gear will be stored. Following several suggestions, including the use of 8-3-20 and the first ambulance out, it was determined that the item is"very small", and can just be"velcro'd"to the dashboard. 1°`Assistant Chief Harris stated that there will be a HazMat refresher on the 29"' of January. He also informed that Firefighter I classes will begin in February,and will be held on Tuesday nights. (The first class will be held on the Tuesday following the Washington's Birthday parade.) Lastly,the In Assistant Chief advised that he is thinking of a Department Christmas party, in lieu of all the Companies holding their own separate parties. He asked that each Warden propose the idea to his Company,and reminded that"it would not cost more." Warden Watkins stated that the last class to the CPR instructor course (held in October) will be held on the 4"'of January. Warden Watkins also informed that a CPR course for the East End kids will be held on 1/20 and 1/21 at Station 1,from 8 a.m. — 1 P.M. Warden Watkins is working on a first aid class at Station 1, and will advise the corresponding dates. Chief Volinski remarked that the first responder vehicle worked out well,and recommended to the Board that we"put it on the road". MM(Quarty)to give it a sbr-month trial period, with an SOG created for the use of the vehicle. MSMC. Chief Volinski asked for permission for the Chiefs to obtain quotes on a new car. MMSC to do so. Warden Quarry asserted that"we need to speak about Stonybrook", at which point 131 Assistant Chief Harris provided a synopsis of the available ambulance service. MMSC to dispense with the reading of the minutes. The regular meeting was adjourned at 20:42. Respectfully subm' , , Sylvia Pirillo C Recording Secreta �J t • MAILING ADDRESS: r PLANNING BOARD MEMBERS q SO(/TP.O. Box 1179 JERILYN B.WOODHOUSE �0`�` �l0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS H Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON JOSEPH L. TOWNSEND lyCo (cor. Main Rd. &Youngs Ave.) U01 Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 9, 2007 Mr. Michael Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the property of Michael J. Verity Located on the n/s/o Main Road and the w/s/o Sound Road in Greenport SCTM#1000-35-1-4 Zoning: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday, January 8, 2007, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and WHEREAS, an application for sketch approval was submitted on April 26, 2006; and WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, an application for preliminary plat approval was submitted on October 5, 2006, including the preliminary map prepared by David H. Fox, L.S. dated October 18,' 2005 and last revised on August 23, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby close the public hearing for this project; and be it further RESOLVED, that written comment will be accepted on the project for a period of ten days; and be it further RESOLVED, that a decision will be made at the February 12th Public Meerting. Michael J. Verity Page Two January 9, 2006 If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Ace . yl•,y //Sys 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 re ained in place for seven days prior to the date of the public hearing on 8 s'• 7 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 across9rf Mi c-Lte L ✓ ,, Y Your Name (print) Signature Address Date Notary Public i 1 NOTARY PMELANIE DOROSIO UBLIj JAN' a 5 2WC,State of New York No.01D04634870 Oualified In Suffolk Coutmdyy CormMssionEWresSepWnnber30,}U1 SouthOd 7own a PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 1/5/07 Re: Proposed Standard Subdivision of Michael Standard Subdivision of Michael Verii SCTM#: 1000-35-1-4 Date of Hearing: Monday, Januarv8. 2006, 6:10 p.m.6:10 p.m. . . COMPLETEPostal a Sig • Complete items 1,2,and 3.Also complete _ uT o item 4I Restricted Delivery Is desired. 0�t X ❑Addressee N (Dom o1-1 ... Provided) ■ Print your name and address on the reverse •0 so that we can return the card to you. S. Received by(Printed Name) C. Date of Delivery S+ ■ Attach this card to the back of the mallpiece, 1 p1 , or on the front If space permits. D. Is delivery address different from Hem 17 ❑Yes N $0.39 0971 1. Article Addressed 110: If YES,enter delivery address below: 1-3No M ��e S 1 C3 oersted ,ceip Fee $2.40 96 v Here a C3 Fi6lum Reoelpt Fee $1.85 Here C3 (Rssrraemem RvelY rOM F" t O Restrktm De livery Fee �,(a 3. Service Type r=1 ra (Endorsement Required) _,G}Cergfed Mall ❑Express Mail m Total Pasrage 8 Fees $ uF.64 1��/� i ❑Registered �Retum Receipt for Merdrandlse Ln ❑Insured Mail [3e C.O.D. O t ..,e r _Co, r 3'veet W, apA lJo.;' MPO Box No. 2. Ankle f City,State,ZIPi4 t (rrensfe PS Forth li i • . ; Ln CERTIFIED MAIL,,, RECEIPT SENDER: COMPLETE THIS SECTION 3ECTION ON DELIVERY un (Domestic D ■ Complete items 1,2,and 3.Also complete a Sigstore Item 4 If Restricted Delivey Is desired. "Dgent 1�9i •' A L U • E ■ Pdnt your name and address on the reverse X S rLl so that we can return the card to you. B. Received by(Printed Nemo) C.Date W Delivery 0 P"t'" s $0.39 0971 ■ Attach this card to the back of the mailpiece, M or on the front if space permits. C3 oerd5ed Fee $2.40 76 s delivery,address address ss Hem 17 13 yes O Poesnerx 1. Article Addressed t'to/,►,.,�,'-',�GJ'" i, H VES,enter delivery address$elowr4 7 Raw Realm Receipt Fee f1.� Here �I ( `t-v`"I W■ r O (Er d0r:%R Required) C3 Restricted D6roe r Fee $0.00 rq (ErworeamemR9gNrea) M Total Postage It Fees $ $4.64 12/20/2006 G+ ul 3. Service Type p (t�r 01 �,, 1 �•CWtiMed Mail 13 Express Mall r3 ,vn. .. ...... . .. .......................... 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Servloa TYPO Mstage a Fees .$❑Certified Mall ❑Express Mail � ❑Registered ❑Retum Receipt Tor MerchandlsO o❑Insured Mail ❑C.O.D. p ............................. 4. Restrktod pelivery7(EzUaFee) ❑Veai:Nb:;No. hW r _._ ---------------- e....... . 2�5 31k0 �3 oMbbKiz, �000 2. Article Number (�ranafer from selVice label)2004 Return Receipt 102595-02-M-1540 lo Domeal PS Form 3811,February E . ON DELIVERY SENDER: COMPLETE THIS SECTION ' • S etu ' • ■ complete items 1,2,and 3.Also complete p Age Ln CERTIFIED Rem 4 if Restricted Delivery Is desired. X 0 Addressee (Domestic Mail • ■ Prim your name and address on the reverse • Coverage so that we can return the card to you. B. Rec Wed by ad Name) C. Date of DelNery ® S •S ■ Attach this card to the back of the mailpiece, ,s -/ Li or on the front if space permits. D Is deli,address different from item 1? ❑yes ru PonlaBe $ 10.34 0971 1.Alcle Addressed to: ( It YES,enter delivery address below: ❑No M DdlAe ad Fee $2.40 76 C3 dbHere [ Fes' C3 RetdlmR�m) t1.E35 R"B (E^dO180me O ResidotatlD R Fes �.� L GJV�/ 1/'�\V'�/A/ L,Ej 3. Service Type rl (Ergptsamem llepuiredl �c//�1��' % �la 1� ,. a $4.64 12/20/2006 �PCeraned Mail 40. Express Mall rri Toted Postage a Fees $ 0 insured M p4Retum Receipt for Merohendlae uT r ❑Insured Mall C.O.D. ° ` 4. Fiesbicted Delivery?Print Fee) ❑Yes ... ......._.. C3 t . - _ or PO sac Na ` f1t .... ... Q 4003 0 �� -. -.. 1�4 2. Article Ntmt � Clry,atata, (fI•Ilafar lm/n service label) 1�] r PS Farm 3811,February 2004 Domestic Return Receipt 192595-02-M-1540 SENDER: COMPLETE THIS SECTION 3 SECTION ON DELIVERY U.S. Postal Service ■ Complete items 7,2,and 3.Also complete A gn u M1 CERTIFIED MAIL -. RECEIPT item 4d Restricted Delivery is desired. p •'a '• ° 'd ■ Print your name and address on the reverse Agent "D d asses so that we can return the card to you. S. (pry C. Date f Del 1�9� •1 / ® 2e ■ Attach this card to the back of the mailpiece, •7 1 L. USE or on the front if space permits. / y jG C3 D. der dress different horn nem ❑vee $T$2.40 971 ISI 1. Article Addressed to: 17 Fostege If YES, r delivery address below: ❑No O � �Fee6 C3Rstum Receipt treePOB"J (Fstlorsemem ReWNkNHere20 CI )/,r � ReeMcted 111 FeevJ lVV/��, t44VJ/"' GC3 (Ergorsemerrt Rertui,F3. Service Type m To ei Pos age a Fees20/2006 )9.Gertifled Mall 0 Express Mall u7 ❑Registered 1SRetum Recelpt for Merchandise C3 r s yv ❑Insured Mall ❑C.O.D. 1 1` S�n .• M1 --tree--i;ipi ... ............... t----•------------•-----•-----••- 7p/f,4. RReeabkted�Deliver)�?�•('E�xt Fee) 1— ��13 yes aPO BOX 2�//1 S�•y �� 1, 2. Article Number 11Y ti�v✓ ClL`T V E7' r VY.Sreie,zii4"""'"""""t/--1/S__Ctl....__ (Transfer from sent&l -1W" :rr toz ! PS Form 3811,February 2004 Domestic Return Receipt 59542-M-1540; Postal 41S SECTION ON DELIVERY r3 '' Insurance Coverage ■ Complete items 1,2,and 3.Also complete A S ure Provided) Rem 4 if Restricted Delivey Is desired. X -d -• ■ Printyourname and address on the reverse • #9� •1 $ ® p so that we can return the card to you. B. Received pr! ru i 9'°1 RA III Attach this card to the back of the mailpiece, b'( ) C. Date tDallivm Postage s 10.39 0944 or on the from ff space permits. - C3 Oersted1. Article Addressed to: D. address from item 17 ❑Yes r3 Fee 12.40 02 If YES,enter delivery address below: ❑No C ( °gym Faesnerk Requiol 11.85 tS J(�j ��/I✓VJr /� Restrk C.WtRe Fee r4 t rq (En-oraement Regryuilre-) 10.00 V CXJ m11 Toa Postage a Fees $ $4.64 12/20/'1006 � ' n 3. jLwi a Type 0 ° ' V1/JNfled Mall ❑Express Mail __ 1��//Q� E3 Registered �etum Recelpt for Merchandise M1 Sbeet, /.(-;-�../'�'yr./�.'.) 4 1 O Insured Mall ❑C.O.D. aaD Box Na. ... ............................... --- - 4. Restricted Delivery?(Etat Fee) p Yes 2. Article Number ] �y (Ransfer from service IabeQ (\ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-611$10 t THIS DELIVERY SENDER: COMPLETE THIS SECTIONi Postal ■ Complete items 1,2,and3.Also complete A Signature [3 Agent CERTIFIED , RECEIPT item 4 if Restricted Delivery is desired. (�/JCoverage ■ Print your name and address on the reverse X� dresses, C3 (Domestic Mail Only;No Insurance 3o that we can return the card to you. B. Received by(Pooled Name) C. Dat//of De K `D ■ Attachthiscard to the back of the mailpiem, f{TSD LI /• -d �'1�9 07 or on the front if space Permits. D. Is delivery address different from iters 1T ❑Yes 1. Artkie Addressed to: Ii YES,enter deliJery address below: ❑ No o Postage s $0.39 0711 finis Nat�u��9 o CedAedFee s2.40 76 Deane k Rehm Recent Fee ;1.� liana ,; (End Raerrenttem R oso e s O Reeelcted Dewery Fas 0.0 3. SeMce TYPO ra (EMoreemeM tiepwred) o I o 2/20/2006 O Registered •�Retum Receipt for Merchandise Total Postage aFees — -•----.....--- ••--- VI'-•'� [3 insured Mall ❑C.O.D. � Mall ❑Express Mail m q i 4. Restricted Delivery'!(Extra Fee) ❑Yes S/......_ --------------- �y�ys.-•� t �'•� ,,,/ M1 3•rree"t-Mt.F(wi.....F� 2. Artlole Number i�W I' '�1�� �.�C:. dZ '4"71.h�� -w-.oryy--.3'mni. l.sl... •---- �--.... - --•-- ----•---- (TrensferBomwri1a�1) PS Form 3811,February 2004 Domestic Return Receipt 102598-02-WI547 , III U.S. Postal Service SENDER: COMPLETE THIS SECTION 3ECTION ON DELIVERY m CERTIFIED MAIL RECEIPT rMalt u ■ Complete items 1,2,and 3.Also complete Signature (Domestic • ❑Agent Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse M Addressee ,� •w!�•tr4g°� • 1 1 •�`• so that we can return the card to you. g (po red ) C. Date U f/ ' 4'• •�:m a� ■ Attach this card to the back of the mailpiece, ru39 0944 or on the front if space permits. C3 Postage $ D. Is delivery address different from Item 11 ❑Yes mCersBed Fee }2.40 OQ I 1. Arfl(\c�le Addressed to: If YES,enter delivery address below: ❑No O C3 RftM ReWpt Fee $1.85 Rare poserenc Vaflb Wan--a C- (Endorsement Required) t 4 Restrkted DelWery Fee 1W.00 /' l C3 (E *ioW ellwry res 1`//1 IINN>t� ll//�� VVV••' M ..T`..-.... ....- $.. --------- ...... 3 Registered� I!FMWm Receipt for Merchandise Tutee Postage 3 Fede ;(//J ! Ln O \\-¢`] ❑Insured Mall ❑C.O.D. f` Po• (� I a. Resmcted Delivery?(Fxaa Fee) ❑Yes O,g;Smte.ZIP.4 - 6 ce�3 12,3 2. Article Number • (Transfer from servkelabep VV✓ J 1 l.J PS Fohn 3811,February 2004 Domeslid Return Receipt 1025e5m-1101-1540 SENDER: COMPLETE THIS SECTION . . . U.S. Postal Service I ■-Complete items 1,2,and 3.Also complete A. Signature _ ent CO CERTIFIED MAILRECEIPT Item 4 if Restricted Delivery is desired. ,.� f L/(,// C3 X ■ Print your name and address on the reverse p �, O Addressee ru (Domestic Only; - I, so that we can return the card to you. B. Received by(PdnteoName) C. Dat of Delivery -n ■ Attach this card to the back of the mailpiece, !SC W E O� a/�G" -D91� I� or on the front If space permits. Sa D. Is delivery address different from Item 17 LI Yes N 1. Artic/le—Addressed to: If YES,enter delivery address helm: 0 No O Postage $ $0.39 0971 V I I(�' '�/W� C3 CBalflad Fee $2.$2.40. lPostmark I C3 Retarn Receipt Fee f1,� Here k (Endoreement Required) C3 Resmcled Delhrery Fee $0.00 ^ (� 3. Service Type rT (ErMor3emBM Required)�areed Mall ❑Express Mall rn Tetal Postage a Fees $ $4.64 12/20/2006 D Registered B-Re! m Receipt for Merchandise ❑ Insured Mail 0 C.O.D. un C3 t o j 4. Restricted Delivery'!(Extra Fee) f]Yes C3 c C. ........... ... 2. Article Number I���' or Po ear .... .... (fians/er from seMce� iltJ,J3►10 �3 o2s�b ��� �..., PS Forth 3811,February 2004 Domestic Return Receipt 102595-0 -M-1540 r Postal raCERTIFIED MAIL (Domestic • ■ Complete items 1,2,and 3.Also complete A. Sig ature ..Dant ,Provided) item 4 if Restricted Delivery is dealred. X ■ Print your name and address on the reverse Addressee -a 1� U S E so that we can return the card to you. ; Received by(Printed Nenre) C. Date Del ery ■ Attach this card to the back of the mailpieoe, ti aia6 C3 Postage a $0.34 0971 or on the front if space permits. D. Is delivery address different frau item 17 Yea M Certlaed Fee $2.40 76 1. Article Addressed to: If YES,enter delivery address below: ❑No poatmadc O RMum Receipt Fee $1 Here O (Emoreemem Required) C3 Restd=d Delivery Fee 00 �.I ra (EndoreemeM Required) ' 'S A` M Tota Poi age a Fees $ $4.64 12/20/2006 a.tpType � t o � OUV4 K" `�Cercer tlfled Mall 13 Express Mail OVa ❑Registered �Retum Receipt for Merchandise .. .... ............... yy'`S� I `� ❑Insured Mail O C.O.D. a PO BarNa---......,�............... . 4. Restricted Delivery?(Farre Fee) ❑Nsa Gty,Ses "I . �1g44 r PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 SENDER:U.S. Postal Service,. - D RECEIPT ■ Complete Items 1,2,and 3.Also complete A. Sig re m Item 4 if Restricted Delivery Is desired. plY i lg ru (Domestic Mail Only;No Insurance Coverage Agent ■ Print your name and address on the reverse dresses ..D • so that we can return the card to you. g• Received by Prin ) Dae DelNe ■ Attach this card to the back of the mailpiece, // U ry . 1, •� AL USE or on the front if space permits. SLK '[`4f I r3 Postage g $0.39 0%4 1. Article Addressed to: D. Is delivery address d Item 17 a �t If YES,enter delivery o Q o C3 CeNaed Fee $2.40 02 �0 7 �Inay/71 �.�•w 65 �. C3 . :1. 5 '°* Fee red) LLl(//I„1�IlWW9vv�� O RestDelivery Fes $0 00 r-1 (Erieoreemmmenl RegWrefg r9 3. Servlce Type mY3 To191 Postage a Fees $ $4.64 12m/2W12m/2W �� `�J � CertlRed Mall ❑Express Mall Ln ° �,� �>--fir ❑Registered datum Receipt for Merchandise ❑Insured Mall O C.O.D. C3 cA 4. Restricted DellvW pdre Fee) 0 yes olFOapx N- ...__� 'Day- 11, ------•- 2. Article Number ; N vlql I (rmn& ftma yke&W fIoQC2�2? 11b 0643aallo J6(1to PS`Form 3811,February:2004 Domestic Return Receipt 102596-02-M-1540 Postal DCERTIFIED MAIL i 'E THIS SFCTION ON DELIVERY .R (Domestic SENDER: COMPLETE .D ■ Complete Items 1,2,and 3.Also complete A. S'g” [3 Agent � • 6" ;1 •I A L S t% Item 4 if Restricted Delivery is desired. p Addressee ru ■ Print your name and address on the reverse o $0.39 0%4 so that we can return the card to you. B. Received (Pdn • Date°f Delivery PaB1� $ ■ Attach this card to the back of the mailpiece, '�, y C3 Certified Fee $2.40 02 or on the front if space permits. D. Is delivery addrp}a from �. Posbnara No C3 Retum Receipt Fee 1. Article Addressed to: If YES,enter (E .=RagWme) $1.85 Hera O Re9Ncled Delivery Fee �.� • � (ErMoraemeM Regalree) I''iT�YAI U� 5 Pm Total Postage a Peas $ $4.64 TIC) 12/20/2006 Ln �^f 3. Ice Type 0 _.`(�/ 10� Cer�Aed Mail ❑Express Mail I. ��•�....:................. __._._...__. Q lum Receipt for Merchandise wPOeox \� f7 Registered cro:score.zlf+.a _ 1 [3 Insured Mail--'ETC.O.D. 4. Restricted Delivery?(Exna Fee) ❑Yes PS Foriii , 2. Article Number (fiansler from service fabe6 (A.iC,Y Domestic Return Receipt tazsesm+n 1s4o Ps Form 3011.Fapn�ry 2004 � meq` �9 i W n ZL • , rL RA 60T9 9h20 E000 0`C`CE SOOL U09 9h20 E000 022E SOOL --- ;� �- U S. PDSTR GREE 9 T.� DEC AMOUNT 7005 3110 0003 0246 6130 POST 00� 1t994 I 000-403: rj zon � C7/ ObAn. D/}�AIhrAU Q ^ °191 «M/ ad liery oN Q r O 1 N/� 1 0 D Arnn/Ao.p ANue (,),"N D No�A,l V0.z D/nA. C) D 6or NFe/aria N G pW614 ^e^/ oAwy O0" y a�_ �` 1 x .. U.S. Postal Service, m n. rJ CERTIFIEDRECEIPT S ti (Domestic For delivery inforniation visit our website t ,w,,,ps.c,, ru FIPC1AL• USE E3 Pos•as s $0.39 0971 C/ o Ge'taed Fee $2.40 76 r3 ReWm Receipt Fes (Erxlorsee•ra Raq ,Z $1.95 �r+sn°nBd`s �� rT ( ADBWery Fm $0.00 Ln Raqulred) w rT Total Postal a Fees $ $4.64 12/20/2006 C3 on O 0 0 l ---- """"""" �---------•-------------- . . M1 ... -- -••------- ?WWNY. aPOaaxNa v �C: -- W N D-' 4 T V C3 0 O Ell 4 SENDER: COMPLETE THIS SECTIO , �ECTION ON DELIVERYJ m is Complete Items 1,2,and 3.Also complete A. Signature item 4 If Restricted Delivery' is desired. X — Agent ■ Print your name and address on the reverse Addreame so that we can return the card to you. S, by(printed Nal C. Date of Delivery ■ Attach this card to the back of the mailpiece, ay tZ+ s F fl or on the from if space permits. QYL X �� »I D. is delivery address dMerent from Rem 1? ❑yea _ _ o c ; 1. Article Addressed to: If YEs,ender delivery address below: No A to 0 jrx 4 A ZHp1 V • d ®NC J 3. Service Type J f'AA ••h �(J -- �l %Ukl certified Mail ❑Express Meii 6k& � 11 ��„ OReBbtered MRetum Receipt for MercharMlm 1971 O Inreul Mall O.C.O.D. ODIO µ >'-,�r� 4. Rmtrbted De1Mril?(Rita Feel O ym k 'fIDN wV' !� 0 alien oV/ z� zoN 2. Article Number ,D �j 110 � y�CJ�.JT 0 A Z `'Y awn coFIX o �'o (7wpw ??' e1 ) r v N, 0 Dan N� m'{ P$Form S 1, ebru 2 Ijome kRblmReoelpt tazsas-0zM-isa' Io o m u ; N ts N i.lI. '0 i U.S. Postal Service CERII TIFIED MAIL, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) " IAL USF Lnru U.S. Postal Se f V i(.(' For delivery informT ps.com CERTIFIED f1AIL RECEIPT y;,7 Ln (Domestic Mail Only, No Insurance Coverage Provided) _ r For debvery information visd our website at www usps.com,.. pasmae W4 II 7 0 CerWW Fee 12.401 ru ® 1 Ii C3 ReWcted Do 1 00 12M/2M Ln �� ���/, t 1�� �I •f�� ',• PS Forni 3800,June 2002 See fleverse for Insbuctions ♦� PS Fonn 3aoo.June 20112 Sce fleverse fur Insf rucLons U.S. Postal Service CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com.. 4 ru C3 pasta" W39 0%4 ® r C3 Podmwk ReWkW $0.00 11. Ul r :z6w�L 'r / Afa PS Fonn 3000.Jie'.a 2002 Sac nevcrsc for insirucflons #8160 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 21st day of December. 2006. 1 �ppPrincipal Clerk Sworn to before me this day of 10 C 2006 CHRISTINlo;,,tiKl LEGAL NOTICE NOTARY PUBLIC''"T' of NEW YORK NotimofPo6BcHearing NOTICE IS HEREBY GIVEN that, NO. 0i 950 pursuant to Section 276 of the Town 9uollfled I ^IF County Law and Article XXV of the Code of :7ommisslOn E%pin. •re.0ly 28, 2000 the Town of Southold, a public hear- ing will be held by the Southold Town Planning Board,at the Town Hall,Main Road,Southold,New York on the 8th day of January,2007 on the question of the following: 6:00 p.m.Proposed site plan for Or- lowski Hardware, located on the s/c'. corner of Love Lane and Pike Street known as 320 Love lane in Mattituck,, Town of Southold,County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-140.3-3.4. 6-15 p.m.Proposed site plan for Pin- dar Vineyard Storage Building,located on the n/s/o NYS Road 25 approxi- mately 1,860' e/o Bridge Lane known as 37325 Main Road in Peconic,Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-2-14. 6:10 pm.Proposed standard subdivi- sion for Michael J.Verity,located on the n/s/o Main Road and the w/s/o Sound Road in Greenport.,Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map.Number 1000- 35-1-4. Dated:12/18/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B.Woodhouse Chairperson 8160-1T 12/21 4 xno xo° 3A � -�f -N - IV f . 35 - 1 - � , z13 2 4\ Epi M.W. 6EE 6Eo.No. ols-m-oa S sxwNxa 0 16.x 363 1.e11d 60 'L L3 -7� 4 We" 08 \E � a•. .a�b9 � x �e e• WL P M1S 6 6S 9 f Sy •n' It'd 0 ,69]O l � � v" s5 •D 'Oi fx a muTwO 9\ i x9 tia `''4,, .]9>5 `n°ss" ]O" `"'• s6 w w to 6 NfOp 19 w' c nro�'y x�l lg HB 'q, a ' .n j3? �(t •2 �] m ' ,w n 4 i e 1.1\lcl n 5' m 9 a. SEN SP`s t ]SPPc E 6 6 Om]P 9 +iP1J ]�P i66" :,P q u / 1• P 9 c,•y ] o L r xA6 fOw n b 9 .]P It 1e ]1 in \9 ♦ $ 1Y c •• M1 x uv. rm su.w. +x nn n °fie-exoep x y l.OPld y '�.3] 8 .a Dill � Ln'c P"0P°B1xz \ K wum mxx p SECTION NO N�S,PKT6. NOTICE COUNTY OF SUFFOLK C SOUTHOLD ° M,NTENeN ,LLTEH4.I1 "LE OR d Real Property Tax Service Agency r gSTPIBSWOLUiION p 1NY PONixN Of 1NE t Ilo °A N11p p .• O my Center RIverhe N Y 11901 033 USTRIB IO.Or ren um Is vRoxierteo eo' Y mxc 01 •IIIpV1 WRXTTEN PERMISSION OW THE A d e0 SCALE IN FFfi:Z A PEAL PROPERTY Tan SCRNCE eCENCY. ®ge P oxraCT 1��� PROPERTY MAP oa0i+ e-21.0 • 10-03.0 0 330 NAipl SEE 7-05.01 07-21-01 L �Q I2.12-01 5'06.0 5.11 0 5-30-0 0-26-0 o3-1z-0 nsr q9 11-06-0) 12-26-03 06 12-0 @ O• z-16-o .YO 2-26-0 3-16-0 06-0 02-0 150 I-0506 O 136.6AIc1 21.3 1.6A 8 10.µii Iw Oq) 2].2 17IA .2 1 e i y TORN OF 0 sarx0fo131J 10P P �b E o.wt.. � wa„nim euro-naa.w. 1211 Oso Esuai.m�,m,Lm. — -- 23 rz.r um o1 run .• —___ _ z.n. MI evisions • of ar^ F22 g O 0 Z e 01-0 Ov 0 25x)xe eoow 10 25 0 RO• s 1]Plcl O 4 \ p � V ,,A \ o n Y \ Qom• � 1tl 1H , 6 +� s w tl • l� h 0 QQ A i 5 i C UAW y01 nq A,L tl z:�o '• w �9 Y v \ OU ' Y V. 0 'a 6 `gyp 1 P6 V,X P ry tl zwrxo:o S x)2c foa W NIP6BStps�\ Fy.sa.346 as \�I// M w Al Ln avuim,vr W, w WCL C p[e`wP lu)4mm , —�— eiv¢Ln pMvtlfy W. �21) yxL LXMo.x O •uIX,��Li nmpuid SS Lit,ie un _qiHErxE � iscxXJp: E o:LEOrvM La,lln _____ YXEF E p,r..,Nn, L. —X" nX< x N s,..A r L-. Lill'm,1:r mu.r.mr yw EIesi D 23 32.1 P b.�W. hee,.m IEI e�321P LL^ ---- ,c,,.¢r w. -o - arr.ere,omnd Nn —..—_ .9u,xIE_ n3 EL •y 0 MAILING ADDRESS: PLANNING BOARD MEMBERS pF $0pry P.O. Box 1179 JERILYN B.WOODHOUSE ��`>.` Southold, NY 11971 Chair "Cl OFFICE LOCATION: KENNETH L.EDWARDS H �,L Town Hall Annex MARTIN H. SIDOR G • 54375 State Route 25 GEORGE D.SOLOMON 0 ' , (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �U911 Southold, NY 11'1 Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 12, 2006 Mr. Michael Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the property of Michael Verity Located on the n/s/o Main Road and the w/s/o Sound Road in SCTM#1000-35-1-4 Zoning: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday December 11, 2006, adopted the following resolution: WHEREAS this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, excluding the flag strip, Lot 4 equals 20,477 square feet, excluding the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and WHEREAS, an application for sketch approval was submitted on April 26, 2006; and WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, an application for preliminary plat approval was submitted on October 5, 2006, including the preliminary map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006; and WHEREAS, the Southold Town Planning Board reviewed the application materials, including the preliminary map and the draft Declaration of Covenants and Restrictions, at their work session on October 16, 2006; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, January 8, 2007 at 6:10 p.m. for a preliminary public hearing on the preliminary plat prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006. Michael Verity Page Two December 12, 2006 Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. January 5th. 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. Very truly yours, Jerilyn B. Woodhouse Chairperson Encs. Southold Town Plannina 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 standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-35-1-4; 3. That the property which is the subject of this application is located in the R-40 Zone; 4. That the application 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space.. The property is located on the north side of Main Road and the west side of Sound Road in Greenport; 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, January 8. 2007 at 6:10 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: Michael J. Verity Date: 12/18/06 AFFIDAVIT OF POSTING This is to serve notice that 1 personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 1/5/07 Re: Proposed Standard Subdivision of Michael Verity SCTM#: 1000-35-1-4 Date of Hearing: Monday, January 8, 2006. 6:10 D.M. MICHAEL J . VERITY MICHAEL J . VERITY STANDARD � SUBDIVISION 1000 -35 - 1 -4 Proposal to subdivide a 5.54-acre parcel into five (5) lots in the R-40 Zone. 0 MONDAY, JANUARY 8 , 2007 - 6 : 10 P . M . Page 1 of 1 Randolph, Linda From: JOAN ANN Daweber@timesreview.com] Sent: Tuesday, December 19, 2006 12:28 PM To: Randolph, Linda Subject: Re: legal ad for 12/21 Linda: Sorry --yes, received and being published on the 21 st Have a wonderful Christmas Joan Ann ---Original Message ----- From: Randolph Linda To: JOAN ANN Sent: Tuesday, December 19, 2006 11:53 AM Subject: legal ad for 12/21 Hi, Can you please reply to my email of yesterday regarding Planning Board Public Hearings for Jan. 8, 2007; 1 need confirmation for the file. Thanks, Linda Page 1 of 1 Randolph, Linda From: Randolph, Linda Sent: Monday, December 18, 2006 8:46 AM To: 'JOAN ANN' Subject: Legal ad for 12/21 edition Attachments: 010807.doc Hi Joan Ann, Please publish the attached notice of the 1/8/07 Planning Board Public Hearings, and confirm receipt. Thanks, and Happy Holidays! Linda • • MAILING ADDRESS: PLANNING BOARD MEMBERS `'\QF sooTy P.O. Box 1179 JERILYN B.WOODHOUSE �0� Old Southold, NY 11971 Chair if OFFICE LOCATION: KENNETH L.EDWARDS y Town Hall Annex MARTIN H. SIDOR OQ 54375 State Route 25 GEORGE D.SOLOMON ��.I (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'yCOU Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of January, 2007 on the question of the following: 6:00 p.m. Proposed site plan for Orlowski Hardware, located on the s/e corner of Love Lane and Pike Street known as 320 Love Lane in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-140-3-3.4. 6:05 p.m. Proposed site plan for Pindar Vineyard Storage Building, located on the n/s/o NYS Road 25 approximately 1,860' e/o Bridge Lane known as 37325 Main Road in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-2-14. 6:10 p.m. Proposed standard subdivision for Michael J. Verity , located on the north side of Main Road and the west side of Sound Road in Greenport., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-4. Dated: 12/18/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, December 21, 2006 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 27th day of December, 2006, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road Southold New York. 01/08/07 Regular Meeting: 6:00 p.m. - Public Hearing for the proposed site plan for Orlowski Hardware - SCTM# 1000-140-3-3.4 6:05 p.m. - Public Hearing for the proposed site plan for Pindar Vineyard Storage Building — SCTM# 1000- 85-2-14 6:10 p.m. — Public Hearing for the proposed standard subdivision for Michael J. Verity— SCTM# 1000-35-1-4 Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this 'day ofNCp,(Wl CV , 2006. Notary ublic MELANIE DOROSIO NOTARY PUBLIC,State of New York No.OID04634870 Qualified in Suffolk County �, Commiseion Expires September 30EJV 10 • • MAILING ADDRESS: PLANNING BOARD MEMBERS �r3F S P.O. Box 1179 JERILYN B.WOODHOUSE ��� Ol0 Southold, NY 11971 Chair #[ lr OFFICE LOCATION: KENNETH L.EDWARDS N Town Hall Annex MARTIN H.SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON • �� (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND 'YCOU Southold, NY Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of January, 2007 on the question of the following: 6:00 p.m. Proposed site plan for Orlowski Hardware, located on the s/e corner of Love Lane and Pike Street known as 320 Love Lane in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-140-3-3.4. 6:05 p.m. Proposed site plan for Pindar Vineyard Storage Building, located on the n/s/o NYS Road 25 approximately 1,860' e/o Bridge Lane known as 37325 Main Road in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-2-14. 6:10 p.m. Proposed standard subdivision for Michael J. Verity , located on the n/s/o Main Road and the w/s/o Sound Road in Greenport., Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-4. Dated: 12/18/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson fp MAILING ADDRESS: f'7 �1 PLANNING BOARD MEA P.O. Box 1179 GS f- JERILYN B.WOODHOUSE ho�a�F S�UTy�lo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR H 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) 01 JOSEPH L.TOWNSEND �',COUSouthold, NY n 11 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 8, 2006 Darryl Volinski, Chief Greenport Fire District r Box 88 Gr Greenport, NY 11944 Dear Mr. Volinski: Kl 77 Enclosed please find one (1) subdivision plan, dated October 18, 2005 and last revised on May 15, 2006 for the Subdivision of Michael Verity, located on the north side of Main Road and the west side of Sound Road in Greenport. SCTM#1000-35-1-4 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. ( Thank you for your cooperation. - Very Vr � r Anthon . Tre a Senior PlannerV� 00 x (� \ enc. A5� a MICHAEL J. VERITY PO Box 476 Greenport, New York (631)477-9417 September 2,200b fi Planning Board Town of Southold OCT — 5 2006 I PO Box 1179 1 Southold,NY 11971 I RE: Proposed Sub"Jon of 405 Sound Road, Greenport,New York' Attention Board Members, Enclosed please find the following information being submitted for Preliminary Plat Approval: 1. Preliminary Plan Application Form; 2. Application Fee in the amount of$1,000; A4A—.r 2 3. Six(6)copies of the Preliminary Plat;and 4. Draft copies of the Covenants and Restrictions. Pursuant to the Submission Requirements, I believe this to be the required information. In the event you need something further,please contact me. Thank you. Very truly yours, MICHAEL J.VERITY Ends. DRAFT DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made and dated this m day of 2006 by Michael J.Verity, residing at 160 Brown Street,Greenport,New York 11944,hereinafter referred to as the `Declarant': WITNESSETH: WHEREAS,the Declarant is the owner in fee simple of the following described real property: ALL that certain plot,piece or parcel of land,situate, lying and being near Greenport, in the Town of Southold,County of Suffolk, State of New York and bounded and described as follows: BEGINNING at a point on the westerly side of Sound Road at the northeasterly corner of land now or formerly of Charles& Sophie Raynor and being distant northerly 304.08 feet from the comer formed by the intersection of the northerly side of Main Road(North Road)and the westerly side of Sound Road; RUNNING THENCE along said land now or formerly of Charles& Sophie Raynor,the following two(2)courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 100.53 feet and 2. South 28 degrees 05 minutes 03 seconds East, 55.00 feet to a monument and land now or formerly of Antonis&Ellen Natsoulis; THENCE along said land and later along land now or formerly of Sophie Raynor the following two(2)courses and distances: 1. South 63 degrees 03 minutes 57 seconds West, 150.52 feet to a monument; 2. South 25 degrees 06 minutes 50 seconds East, 197.15 feet to a monument on the northerly side of Main Road(North Road) THENCE South 77 degrees 57 minutes 30 seconds West,along the northerly side of Main Road(North Road)353.41 feet to a monument and land now or formerly of Jean& Joseph J. Misuraca; THENCE North 17 degrees 01 minutes 56 seconds west along said land,491.62 feet to land now or formerly of Andreas &Kalliope Lois; THENCE North 68 degrees 19 minutes 40 seconds East,along said land and later along land now or formerly of the Town of Southold, 110.83 feet to a monument and land now or formerly of George E. Cottral; THENCE North 69 degrees 14 minutes 05 minutes East along said land and later along land now or formerly of the Town of Southold, 189.49 feet to land now or formerly of Anthony Saccone; THENCE North 62 degrees 17 minutes 37 seconds East along said land and later along land now or formerly of Joseph E. &Margaret E. Pascale, 210.00 feet to a monument on the westerly side of Sound Road; THENCE South 27 degrees 48 minutes 03 seconds East along the westerly side of Sound Road,295.41 feet to the point or place of BEGINNING. WHEREAS,a public hearing was held on the 14d day of August,2006 by the Southold Town Planning Board, in the County of Suffolk, State of New York. The Planning Board, pursuant to Section 24"2(A)of the Southold Town Code,required Declarant to make this Declaration,thus,Declarant makes this Declaration setting forth reservations, restrictions,covenants,conditions and agreements. NOW, THEREFORE,the aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: 1. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. 2. There shall be no changes to any of the lot lines without approval by the Town of Southold Planning Board. 3. The clearing restrictions for each lot pursuant to Section 24049(C)of the Southold Town Code are as follows: LOTS 1 thru 4 inclusive: 60%of each of the Lot Sites shall be permitted to be cleared. LOT 5: 20%of the Lot Site shall be permitted to be cleared. 4. All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. 5. No residential structures shall be permitted on Lot 5,except within the building envelope as shown on the approved subdivision map. 6. Lot 5 is subject to an Agricultural/Open Space Easement as recorded in the Office of the County Clerk. 7. By this Declaration,future residents of the lots that 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. 8. Prior to any construction activity,the project will require a General Permit of the storm water runoff form construction activity(GP-02-01)administered by New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. The above-mentioned covenants and restrictions shall be and constitute real covenants running with the land and shall be binding upon the Declarant and any and all subsequent owners of the said real property or any part thereof, and upon their heirs,executors, legal representatives, distributes,successors,assigns and transferees. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF,the Declarant has duly executed this Declaration the day and year first above written. MICHAEL J. VERITY DRAFT State of New York ss: County of Suffolk On this th day of 2006, before me,the undersigned,personally appeared MICHAEL J.VERITY, 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 he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. NOTARY PUBLIC MAILING ADDRESS: PLANNING BOARD MEMBER • P.O. Box 1179 JERILYN B.WOODHOUSE �Of SO[/lyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCOUNTI Southold, NY IY 1, ` Telephone: 631 765-1938 Fax. 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 15, 2006 Mr. Michael Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the Property of Michael Verity The property is located on the north side of Main Road and the west side of Sound Road in East Marion. SCTM#1000-35-1-4 Zoning: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday August 14, 2006, adopted the following resolutions: WHEREAS this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, excluding the flag strip, Lot 4 equals 20,477 square feet, excluding the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and WHEREAS, an application for sketch approval was submitted on April 26, 2006 and included the submission of a Yield Plan prepared by David H. Fox, L.S. dated October 18, 2005, the Existing Resources and Site Analysis Plan (ERSAP) prepared by David H. Fox, L.S. dated October 18, 2005 and the subdivision plan prepared by David H. Fox, L.S. dated October 18, 2005; and WHEREAS, on June 8, 2006, the applicant submitted a revised subdivision map prepared by Davis H. Fox, dated October 18, 2006 and last revised on May 15, 2006 and a revised ERSAP prepared by David H. Fox dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, on June 12, 2006, the Southold Town Planning Board accepted the Yield Map prepared by David H. Fox, L.S. dated October 18, 2005 and the ERSAP prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 16, 2006; and WHEREAS the subject property is under 7 acres and therefore not subject to the mandatory cluster development requirements of the subdivision regulations; and i • Verity Subdivision August 15, 2006 Page Two WHEREAS the applicant agreed to cluster the lots and provide for subdivision open space on Lot 5, and the Planning Board, at its discretion pursuant to Section 240-42(A) of the Town Code, finds that the proposed 71,581 square feet of subdivision open space is adequate for a parcel this size; and WHEREAS, on June 12, 2006, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; 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; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by David H. Fox, L.S. dated October 18, 2006 and last revised on May 15, 2006, subject to the following conditions: 1) Submission of the Application for Preliminary Plat Approval along with the application fee in the amount of $1000. 2) Oubmission of six (6) copies of the preliminary subdivision map containing the following revisions: a) The title of the map should read "Clustered Subdivision for the Property of Michael Verity." b) The building envelopes for each of the lots, with the exception of Lot 5, should be based on the non-conforming setbacks pursuant to Section 280-124(B) of the Southold Town Code. c) Add a notation to the map which states that "Lot 5 shall have access from a common driveway easement over Lot 3." d) Add a notation to the map which states that "Lots 1 thru 4 on this map are subject to the bulk schedule requirements for non-conforming lots pursuant to Section 280-124(6) of the Town Code." Show the table of the bulk schedule requirements. e) Show the 12'-wide driveway within the proposed common driveway. f) In addition to the percentage of clearing that is permitted on each lot, specify the square footage. 3) Submission of draft Covenants and Restrictions that contain the following clauses: a) There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. b) No changes to any of the lot lines without approval by the Town of Southold Planning Board. c) Specify the clearing restrictions for each of the lots, pursuant to Section 240- 49(C) of the Town Code. d) All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. e) No residential structures shall be permitted on Lot 5, except within the building envelope as shown on the approved subdivision map. Verity Subdivision August 15, 2006 Page Three f) Lot 5 is subject to an Agricultural/Open Space Easement as recorded in the Office of the County Clerk. g) By this Declaration, future residents of the lots that 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. h) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 4) LWRP Coastal Consistency Review by the Town of Southold. 5) Review and approval by the Suffolk County Planning Commission,, 6) Submission of a Freshwater Wetlands permit or letter of non-jurisdiction from the Town Trustees and the NYSDEC. 7) Submission of the Park and Recreation Fee in the amount of$28,000 ($7000 for each new lot created). Please be advised that additional covenants and/or map changes may be required depending on comments received from the Town Engineer, the LWRP Coordinator and the Suffolk County Planning Commission. A copy of the Negative Declaration is attached for your records. This approval is valid for six (6) months from the date of the 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, Jerilyn B. Woodhouse Chairperson Enc. cc: Elizabeth Neville, Town Clerk • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF so yolo Southold, NY 11971 Chair yy OFFICE LOCATION: KENNETH L.EDWARDS T Town Hall Annex MARTIN H.SIDOR H ac 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ..A Southold,NY 6� Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant August 14, 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: Standard Subdivision of Michael Verity SCTM#: 1000-35-1-4 Location: The property is located on the north side of Main Road and the west side of Sound Road in East Marion. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, excluding the flag strip, Lot 4 equals 20,477 square feet, excluding the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space. 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: Verity Negative Declaras August 14, 2006 is Page Two 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. Although the proposed subdivision will result in the creation of four (4) additional building lots, the overall net impact is expected to be small. 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. Although there will be loss of vegetation as a result of developing the lots, the vegetation types and wildlife found on the property will flourish elsewhere in Town. In addition, the areas immediately surrounding the subject property are largely developed (or subdivided) and do not have large areas of woodlands, wetlands or significant habitat areas. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. To the contrary, the subject property is located within the proposed HALO Zone, an area where higher density residential development has been deemed to be more appropriate. 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 and recommended that no additional work is needed. No major change in the use of either the quantity or type of energy will occur. Although there will an increase in the number of lots in the neighborhood, the overall impact on energy resources will be small. 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. 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 cc: Elizabeth Neville, Town Clerk Suffolk County Department of Health Services PLANNING BOARD MEMBA MAILING ADDRESS: JERILYN B.WOODHOUSE �O•``'&OF SO�TyOIo P.O. Box 11 1 V, Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND � coulm,�Ap Southold, NY I71, Telephone: 631765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 8, 2006 Darryl Volinski, Chief Greenport Fire District PO Box 88 Greenport, NY 11944 Dear Mr. Volinski: Enclosed please find one (1) subdivision plan, dated October 18, 2005 and last revised on May 15, 2006 for the Subdivision of Michael Verity, located on the north side of Main Road and the west side of Sound Road in Greenport. SCTM#1000-35-1-4 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very tr yo r Anthon . Tre a Senior Planner enc. PLANNING BOARD MEMBER • MAILING ADDRESS: hO� P.O. Box 11 JERILYN B.WOODHOUSE OF soy ho 1� J�rOIO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND con,�� Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 2, 2006 Walter Gaipa East Marion Fire District PO Box 131 East Marion, NY 11939 Dear Mr. Gaipa: Enclosed please find one (1) subdivision plan, dated October 18, 2005 and last revised on May 15, 2006 for the Subdivision of Michael Verity, located on the north side of Main Road and the west side of Sound Road in East Marion. SCTM#1000-35-1-4 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 fo ur cooperation. Ve u yo Anthon . Trezza Senior Planner enc. Submission Without a Cover Letter 15 �0 4 Sender: i Subject: SCTM#: 1000 - Date: Q6O/ZG/D(o Comments: » � r JUN 2 6 2006 J • i SUFFOLK COUNTY WATER AUTHORITY 2045 Route 112 Suite 1 Coram, New York 11727-3185 (631)698-95M Fax(631)698-9851 June 22, 2006 Michael J Verity P O Box 476 Greenport, NY 11944 JUN 2 6 2006 f.., Re: Water Availability—405 Sound Ave., Greenport 1 SCTM#1000-35-1-4 File#4510307 Dear Mr. Verity: Reference is made to your request for information regarding availability of public water service to the above referenced property. There is an existing water main available to the above captioned property from Sound Avenue. Connection fees, key money, application and inspection will be required for the house service line installation. Easements would also be required for Lots 3,4 & 5. We have kept a copy of your survey on file. Generally there is a three to four week waiting period from the time all Authority requirements have been met to the time of installation. If you have any further questions,please feel free to contact our New Service Department at (631) 698-9500, Ext. 2, or me directly at (631) 56375672. Sincerely, Lisa Cetta New Service Supervisor LC:bhr SUFFOLK COUNTY WATER AUTHORITY Timothy J. Hopkins Administrative Offices:4060 Sunrise Highway, Oakdale, NY 11769-0901 General Counsel (631)563-0236 Fax(631)563-0370 June 23, 2006 Ms. Jerilyn B. Woodhouse, Chairperson D r Planning Board Office Town of Southold JUN 2. 7 2006 3 P.O. Box 1179 Southold, NY 11971 Re: SEQRA - Subdivision Michael Verity, SCTM# 1000,=35 t-'4"— ° Dear Ms. Woodhouse: Your notification for SEQR Coordination was received and reviewed by our agency. Please be advised that our agency,the Suffolk County Water Authority,has no objection to the Planning Board for the Town of Southold assuming Lead Agency status for the project captioned above. In the SCWA review of this proj ect as submitted,our agency found no appreciable impacts on groundwater quality that would affect our operations.Nevertheless the Authorityreserves the right to comment on this proposed action in the future and would appreciate copies of all DEIS's and FEIS's,etc. Additionally in keeping with the SC WA's mission of protecting and conserving the Town of Southold's water supply and to reiterate the findings ofthe environmental review for the SCWA's Water Supply Plan, the SCWA encourages the proposed project to incorporate the following conditions: 1. Permitting the irrigation of only 15%of the area of any single lot. 2. Requiring the use of low flow plumbing fixtures in accordance with the latest codes. 3. Adopting methods to reduce the potential of degraded water from recharging to the aquifer. This could include limits on the amount of fertilizer dependent vegetation maintained on a lot. � • r Page Two June 23, 2006 Furthermore,consistent with its Findings Statement,the SCWA encourages the Town to impose appropriate conditions on the proj ect to reduce the potential impact this proj ect will have on the water resources of the Town of Southold. These conditions could bememorialized in the form of Covenants and Restrictions on the project that are recorded with the Suffolk County Clerk. Please forward all documents on this proposal and future SEQR applications under consideration by the Town to my attention. Thank you. Very truly yours, \r'sl`QQ cs�- ��C`cllLc� imberly Kenny J Assistant to General Counsel New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 - Phone: (631)444-0403 FAX: (631)444-0360 Denise M.Sheehan Commissioner LEAD AGENCY COORDINATION RESPONSE June 15, 2006 Anthony P. Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 D �] Re: LEAD AGENCY COORDINATION REQUEST Standard Subdivision for the Property of Michael Verity JUN 2 0 20067-', north side of Main Rd, west side of Sound Rd. Greenport, NY 11944 SCTM# 1000-35-01-04 s Dear Mr. Trezza: " This letter is in response to your Lead Agency Coordination Request of October 18, 2005 regarding lead agency coordination for the above project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. The NYSDEC regulated freshwater wetland #GP-16 is located on the south side of Main Road in the vicinity of the project area. Please advise the applicant that the undertaking of any regulated activity within 1 00' of this freshwater wetland will require a Freshwater Wetland Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, Sherri Aicher Environmental Analyst s MAILING ADDRESS: PLANNING BOARD MEMBER P.O. Box 1179 JERILYN B.WOODHOUSE hO-``*qf $U(/ryOlO Southold, NY 11971 Chair V` OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR CA 54375 State Route 25 GEORGE D.SOLOMON M �O (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWN5END � COM 'N Southold, NY Y I, Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 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 that you believe should be evaluated. Enclosed is a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Standard Subdivision for the Property of Michael Verity The property is located on the north side of Main Road and the west side of Sound Road in Greenport. SCTM#1000-35-1-4 Zoning District: R-40 Requested Action: Proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space. SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Anthony P. Trezza, Sr. Planner (631) 765-1938 x 5021 Michael Verity Page Two June 13, 2006 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition, please provide any information that should be considered during this review. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, ?Jerilyn B. Woodhouse Chairperson Enc. cc: Town of Southold Building Department Office of the Town Engineer Highway Superintendent Town of Southold Land Preservation Department Suffolk County Department of Health Services NYSDEC - Stony Brook, Sheri Aicher Suffolk County Water Authority, John Milazzo, Esq. Suffolk County Planning Commission SLING ADDRESS: PLANNING BOARD MEMBERS O� O r/y P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair y T OFFICE LOCATION: RICHARD CAGGIANO 'F Town Hall Annex WILLIAM J.CREMERS y�0 �O`' 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youn s Ave.) MARTIN H.SIDOR g GEORGE D. SOLOMON Southold, NY Telephone:.631.765-198 +-,, PLANNING BOARD OFFICE } TOWN OF SOUTHOLD D f `E C M 15 l� Ai APA 2 5 2006 1 SoutW�c�ewn .r .Application for Sketch Approval panni aaa9 �� ...., APPLICATION IS HEREBY MADE to the Town ofcslt'P' ni gMardfor SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision MICHAEL J. VERITY 2. Suffolk County Tax Map ft 1000-35-1 -4 3. Type of Subdivision Standard [x] Conservation [ 4. Hamlet Greenport 5. Street Address/ 40S Sound Road Project Location 6. Acreage of Site 5- 536 7. Proposed Yield S 8. Number of Lots Proposed 4 and 1 existing 9. Zoning District R-40 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: Applicant. Mirhap) L Slerii 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). BP#312812 19.The site will be serviced by the following special districts or utility companies: Fire District c'seenoort Post Office School District N Water — ^awa 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. 21. Please indicate the type of open space proposed and how it will be managed? 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? 23. Based 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. N/A 24. Application completed byowner [� [ ] agent [ ] other Signature of Preparer Date 4y Zy O(/ r PART 1-•PROJECT INFORMATION Prepared by Project sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of Ih e application for approval and may be subject to further verification and public review. Provide any additional information you bell eve 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. NameofAction Proposed Subdivision Location of Action(include Street Address,Munlclpality and County) . Name of Applicant/SponsorM Address . PO Rax 476 City/PO Greenport Stale NV Zip Code] Business Telephone 631 -477-9417 4d Name of Owner(if different) r Address City/PO / State Zip Code Business Telephone Description of Action: Proposed subdivision — 5 Lots Lots 1 -4 proposed approximate 20, 000 —25;000. 00 sq. ft. Lot 5 = 3 . 5 — 4 acres — Buildable area TBD. Common Driveway Easement serving Lots 3, 4 & C� I7 s4 ;x APR 2 5 2006 <1 Page 2 of 21 I • • 1 1, Does project'site contain any species of plant or animal life that is Identified as threatened or endangered? []Yes ®No According to: - Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ©Yes ®No Describe: 13. Is the project site presently used by tire community or neighborhood as an open space or recreation area? []Yes ®No if yes, explain: 14. Does the present site iir ude scenic views known to be important to the community? ®Yes ®No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: N/A b. Size (in acres): Page 4 of 21 5. Will any mature forest lover 0years old) or other locally-important vegetation ber moved by this project? ® Yes ® No 6. If single phase project: Anticipated period of construction: 14/A months, (including demolition) 7. If multi-phased: N/A a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month Year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? Yes ® No B. Will blasting occur during construction? ®Yes ® No 9. Number of jobs generated: during construction N/A ; after project is complete_ 10. Number,of jobs eliminated by this project NONE . 11. Will project require relocation of any projects or facilities? ❑Yes 11 No If yes, explain: 12. Is surface liquid waste disposal involved? ®Yes X No a. If yes, indicate type of waste (sewage, industrial, etc) and amount / b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes ®No Type 14. Will surface area of an existing water body increase or decrease by proposal? ©Yes ONO If yes, explain: 16. Is project or any portion of project located in a 100 year flood plaint 0Yes �"'''� �No 16. Will the project generate solid waste? L .! Yes ®No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? E]Yes ONO c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes ® No Page 6 of 21 25. Approvals Required: • • Type Submittal Date City, Town, Village BoardYes No ® Building Permit� City, Town, Village Planning Board YesNo 1® Annrnva of 4nh— Division City, Town Zoning Board ElYesNo _ _ TRD City, County Health Department ®YesNo® Approval of Sub- division Other Local Agencies E]Yes El No Other Regional Are`ies ElYe5Suffolk County Planning ® No State Agencies El Yes El No Federal Agencies EllYes No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? MYes No It Yes, indicate decision required: Zoning amendment ® Zoning variance New/revision of master plan � Subdivision Site plan Special use permit ®Resource management plan ® Other Page 8 of 21 b Gr 10. Will proposed action require any uthorization(s) for the formation of sewer or water districts? ® Yes ®x No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? 10 Yes ® No B- If yes, is existing capacity sufficient to handle projected demand? E]Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes cNo a. If yes, Is the existing road network adequate to handle the additional traffic. Yes E]No D. Informational Details - ) - - - Attach any additional information as may be!heeded to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss auch 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 Michael T Verity / Date Q� p2y Q6 Signature i Title Owner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 MAILING ADDRESS: • PLANNING BOARD MEMBERP.O. Box 1179 JERILYN B.WOODHOUSE �O-``�OF so Southold,Southold, NY 11971 Chair V` OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCow,�� Southold, NY 1111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 2006 Michael Verity P.O. Box 476 Greenport, NY 11944 Re: Proposed Standard Subdivision for the Property of Michael Verity The property is located on the north side of Main Road and the west side of Sound Road in East Marion. SCTM#1000-35-1-4 Zoning: R-40 Dear Mr. Verity: The Southold Town Planning Board, at a meeting held on Monday June 12, 2006, adopted the following resolutions: WHEREAS this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, excluding the flag strip, Lot 4 equals 20,477 square feet, excluding the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and WHEREAS, an application for sketch approval was submitted on April 26, 2006 and included the submission of a Yield Plan and Existing Resources and Site Analysis Plan (ERSAP); and WHEREAS, the Southold Town Planning Board reviewed the submission at their work session on May 8, 2006 and accepted the Yield Map prepared by David H. Fox, L.S. dated October 18, 2005 depicting a total of five (5) lots; and WHEREAS, the Southold Town Planning Board did not accept the ERSAP at their work session on May 8, 2006 and requested that the map be revised to conform to the requirements pursuant to Section A106-11(A) of the Southold Town Code; and WHEREAS, on June 8, 2006, the applicant submitted a revised ERSAP prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 16, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this unlisted action; and be it further Michael Verity Page Two June 13, 2006 RESOLVED, that the Southold Town Planning hereby accepts the Yield Map prepared by David H. Fox, L.S. dated October 18, 2005 and the ERSAP prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 16, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson Submission Without a Cover Letter Sender: v Subject: SCTM#: 10.00 - -3 _ (� Date: q .Comments: MAILING ADDRESS: J PLANNING BOARD MEMBER • P.O. Box 1179 JERILYN B.WOODHOUSE �OF so )/%lo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR H 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND NTV,N Southold,NY Telephone: 631 765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE May 10, 2006 TOWN OF SOUTHOLD Michael Verity PO Box 476 Greenport, NY 11944 Re: Standard Subdivision Michael Verity SCTM#1000-35-1-4 Dear Mr. Verity: The Planning Board reviewed your sketch application and plan at their work session on May 8, 2006 and made the following determinations: 1. The yield map is acceptable. 2. The proposal is not subject to the affordable housing requirements of the subdivision regulations. 3. The ERSAP map needs the following additional information: a. FEMA Flood Zone information b. Soils data c. Vegetation types d. Identify the Primary and Secondary Conservation Areas 4. The sketch plan to be revised as follows: a. Location of all building envelopes must be shown based on the nonconforming setbacks pursuant to 100-244(8) of the Town Code. b. The title of the map should read "Standard Subdivision for the Property of Michael Verity" c. Identify the proposed open space area on Lot 5, which must be at least 71 ,395 square feet. d. Indicate the clearing restrictions for each of the lots pursuant to Section A106-56(C) of the Town Code. e. The access must be revised in accordance with the highway specifications pursuant to Chapter 108 of the Town Code. Please note that a common driveway cannot serve more than two lots. With respect to the ERSAP, I have attached an example copy of the information as requested above. The Planning Board will initiate the SEQRA coordination and formally accept the yield map by resolution at their meeting on June 12, 2006. If you have any questions or need additional information, please feel free to contact this office. A rezza Senior Planner ioo 200 CONSERVATION AREA DATA ® = PRIMARY COIY#RVATON AREA .. = SECONDARY GONEEWATION ANSA l VEGETATIVE TYPES THE SITE CANSISTS PRIMARILY OF WOODLAND AND WETLAND VEGETATION.THE UPLAND WOODLAND CONSISTS OF OAK i PINE WITH AN AVERAGE DIAMETER OF 5'.AERIAL ". PHOTOGRAPHY DOE$NOT INDICATE TREES OVER IS' DIAMETER. TIS Y$ILAND• ARE PRIMARILY PHRAGMITES. F 90I1-5 DATA SOILS INFORMATON 15 FROM SOIL SURVEY OF SUFFOLK COUNTY.NEW YORK '.. CPC - CARVER AND PLYMOUTH SANDS,5 TO IS%SLOPES py O,E = CARVER AND PLYMOUTH SANDS,15 TO BS%SLOPES a§ [€ Mu • ,j,K g 6 l PIA = PLYMdifN LOAMY SAND,O TO g% x9�9 - Rf£f{ap PIB = PLYMOUTI LOAMY sN:D,3 TO e%SLOPES A8y6 �' • PIC = PLYMOUTH LOAMY SAND,5 TO I5%5LOFE5 ^I �A - RIVERHEAD 5ANDY LOAM O TO 5%SLOPES y, Rdg = RIVERNEAD 5ANOY LOAM,5 TO 5%51 O S Y 3� pGC = RIVERHEAD 5ANDY LOAM,5 TO IS%SLOPES@ 62 SLOPE DATA ?'k (gNrp1R DATA 5HOM HEREON Is PROM 5 TOWN5 TOPOGRAPHICAL SURVEY PREPARED POR SUFFOLK LOIAI Y IN 1995. - = SLOPES OF IS%AND GREATER t SII SITE DATA o TOTAL AREA - I9924T ACRES MICHAEL J. VERITY PO Box 476 Greenport, New York (631)477-9417 April 24,2006 Planning Board Town of Southold PO Box 1179 Southold,NY 11971 RE: Proposed Su6d"Ion of 405 Sound Road,Grmupor4 New Pork Attention Board Members, Enclosed please find the following information pertaining to the proposed subdivision of the above-referenced: 1. Sketch Plan Application Form; 2. Copy of Property Deed; 3. Part 1 of the Environmental Assessment Form; 4. Application fee in the amount of$4,000.00 payable to Town of Southold; Ut 5. Two(2)copies of the Yield Plan; 6. Five(5)copies of the Sketch Plan; 7. One(1)copy of the ERSAP; 8. LWRP Coastal Consistency Form; 9. Applicant Transactional Disclosure Form;and 10. Stage I Archival Search and Archaeological Survey. Pursuant to the Submission Requirements, I believe this to be the required information. In the event you need something further,please contact me. an . Do d Very trulyy°urs' APR 2 5 i, MICHAEL J.VERITY Ends. a va $putt" 't board Planni 1 STAGE I ARCHIVAL SEARCH and ARCHAEOLOGICAL SURVEY ' for ' SUNSET COURT 1 GREENPORT,TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK 1 Prepared by: ' David J. Bernstein,Ph.D. Michael J. Lenardi, M.A. Daria E. Merwin,M.A. ' The Institute for Long Island Archaeology Department of Anthropology State University of New York at Stony Brook ' Stony Brook,New York 11794-4364 tMay 2002 1 tABSTRACT This report presents the results of a Stage I archival search and archaeological survey undertaken for the Sunset Court property in Greenport, Town of Southold, Suffolk County,New York. The study was performed in April 2002 by the Institute for Long Island Archaeology, State 1 University of New York at Stony Brook. The purpose of this archaeological investigation is to determine if proposed subdivision and residential construction on the 3.8 acre(1.5 hectare)parcel will adversely impact prehistoric and/or historic remains. This required archival research and an tarchaeological survey with a ground surface inspection and subsurface testing. Archival research(including a survey of historic maps and site file searches)reveals that ' the project area witnessed limited discernable human activity in the past. This assessment was confirmed by the surface and subsurface archaeological surveys of the parcel. A total of 55 shovel test pits was excavated in the project area. No prehistoric artifacts or features were encountered. A very light density of late nineteenth through twentieth century Euro-American material was recovered, including three small fragments of whiteware and one brick fragment. This material is probably the result of sporadic dumping of household refuse and subsequent dispersal by plowing, and as such, it has virtually no potential for contributing to our understanding of past activities in Greenport. No historic period features were identified. No further archaeological investigations are recommended. t tii TABLE OF CONTENTS ' ABSTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii LIST OF FIGURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv ' INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ' ARCHIVAL RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 INTRODUCTION AND METHOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 NATURAL AND CULTURAL HISTORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Environmental Setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Prehistoric Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Historic Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARCHAEOLOGICAL RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 FIELD INSPECTION AND SURFACE SURVEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ' SUBSURFACE TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ' Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ' REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ' APPENDIX: Shovel Test Pit Excavation Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 iii 1 LIST OF FIGURES Figure 1. Map of Long Island showing the location of the project area . . . . . . . . . . . . . . . . 2 Figure 2. 1967 USGS topographic maps, Greenport, New York and Southold, New York, ' 7.5 minute series showing the location of the project area . . . . . . . . . . . . . . . . . . 3 Figure 3. Archaeological testing on the Sunset Court property in Greenport . . . . . . . . . . . . 4 ' Figure 4. Looking north near the northwest corner of the Sunset Court project area. Note dense volunteer vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ' Figure 5. Clearing near the center of the northern edge of the project area(in the vicinity of the proposed road), looking south . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ' Figure 6. 1829 Burr Atlas of the State of New York showing very few buildings along Main Road on the North Fork of Long Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Figure 7. 1843 Mather and Smith Geological Map of Long and Staten Islands showing the ' location of the project area north of Main Road in the hamlet of Stirling . . . . . . 14 Figure 8. 1873 Beers Atlas of Long Island showing increasing residential development ' throughout the Town of Southold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Figure 9. 1904 USGS topographic map, Shelter Island, New York. Two buildings are ' shown along Main Road south of the project area . . . . . . . . . . . . . . . . . . . . . . . . 16 Figure 10. 1909 Hyde Atlas of Suffolk County, showing the project area as belonging to ' Emma Tasker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Figure 11. 1930 Dolph and Stewart Atlas of Suffolk County showing the location of the ' project area in Greenport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 iv ' INTRODUCTION ' This report presents the results of a Stage I archival search and archaeological survey undertaken for the proposed Sunset Court in Greenport, Town of Southold, Suffolk County,New York. The study was conducted by the Institute for Long Island Archaeology, State University of New York at Stony Brook, in April 2002. The project area is located north of Main Road ' (County Route 48),west of Sound Road, and south of Sutton Place, and is a parcel of approximately 5.54 acres (2.24 hectares)(Figures 1 and 2). Of this total, roughly 3.8 acres (1.5 hectares) are scheduled to be impacted by subdivision and residential construction. The remaining 1.74 acres to be dedicated to the Town of Southold as a natural buffer will not be impacted, and are therefore not included in this survey(Figure 3). The purpose of this archaeological investigation is to determine if the proposed ' subdivision and new road and building construction with associated landscaping and utilities ' installation will adversely impact archaeological remains of prehistoric 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). ' 1 1 1 ' project area 0 ' o v 1 1 ' Figure 1. Map of Long Island showing the location of the project area. 2 r M ' pfdjfl ,:arga 10 ems' w s ;buffAr � e5 c�e>cr .n .ri Rac!' I. m Unr b .� qq Sc11 1 Cl Y V 1 0; ' Figure 2. 1967 USGS topographic maps, Greenport, New York and Southold, New York, 7.5 minute series(scale 1:24,000) showing the location of the project area. 3 Sutton Place ' w w w w w 1 0 135 120 105 90 75 60 45 30 15 0 Icc,— I I I I 2 O disturbed disturbed NO O O O O O O O O — S15 ' O O O O O O — S30 ' O O O O O O — S45 ' O O O O O O — S60 O O O O O O O O O — S75 ' O O O O O O — S90 O disturbed N O fl. Main A mapping datum Road sterile shovel test pit(STP) ' STP with Euro-American cultural material 0 15 30 60 meters 0 50 100 200 feet ' Figure 3. Archaeological testing on the Sunset Court property in Greenport. ' 4 ' ARCHIVAL RESEARCH ' INTRODUCTION AND METHOD An evaluation of the natural and cultural history of an area is essential to understanding ' past land use, as well as determining the likelihood of encountering prehistoric or historic archaeological sites. Human groups locate their settlements in order to best take advantage of the ' characteristics of the natural and social landscape. Thus, knowledge of a region's history and environmental features is crucial in reconstructing past behavior and assessing the probability of ' locating evidence of early activities. A brief history of Greenport and the project area is presented below. The natural history ' section includes a discussion of the environment and how it has changed over time, and a description of the topography and physical resources of the project area. The culture history ' includes a discussion of prehistoric and historic settlement patterns and activities. A search of the available published records and site files was undertaken to determine if ' any previous studies had documented archaeological remains in, or in the vicinity of,the project ' area. Pertinent historical records such as maps and descriptive histories were examined to obtain information on past activities in the study parcel. NATURAL AND CULTURAL HISTORY ' Environmental Setting. The project area is located near the north shore of Long Island, on the Harbor Hill recessional moraine created over 15,000 years ago during the retreat of the ' Wisconsin ice sheet(Sirkin 1995). As is typical of the North Shore, topography is gently undulating, with an average elevation of six meters (20 feet) above mean sea level. There are no natural surface sources of fresh water within the project area, although there is an extensive area of wetlands on the south side of Main Road (Figure 2). ' Soils in the project area consist mostly of Haven loam, 0 to 2% slopes(Warner et al. 1975:Sheet 5). The Haven series is characterized by deep, well-drained, medium-to coarse- textured soils with low natural fertility. A typical profile for Haven loam consists of a topsoil ' 5 ' layer(AO/Al horizon) of dark grayish brown loam to three inches (7.6 centimeters). The upper ' subsoil (B 1 horizon) is light to medium brown sandy loam to an average depth of 10 inches (25 centimeters), while the lower subsoil (132) is strong (orange)brown sand to 19 inches(48 ' centimeters). The substratum(133) is a light yellow brown loamy sand with gravel (Warner et al. 1975:71). No cultural material is expected in the B3 soil horizon. In areas where plowing has ' occurred,the topsoil and upper subsoil have been mixed, forming a homogeneous medium brown silty or sandy loam layer called the plow zone (Ap or pz). ' Vegetation in the Sunset Court project area consists of dense volunteer growth, dominated by deciduous trees(red oak, black oak, locust, birch, dogwood, and wild black ' cherry), with cedar trees and an understory of vines and grasses (Figure 4). Disturbances in the project area include cutting, clearing, and other forms of encroachment along the north and south parcel boundaries (Figures 3 and 5). Disturbed areas have a very low potential for the presence of intact archaeological deposits. As is attested to by the numerous prehistoric archaeological sites that have been discovered throughout the North Fork of eastern Long Island(see below), the natural ' characteristics of the area were attractive to Native peoples. Resources of the tidal creeks and ' inlets, Long Island Sound, and the interior uplands were all at hand and supported many hundreds of residents thousands of years before initial European settlement. More interior ' regions like the project area may have witnessed special purpose activities, such as hunting and seasonal nut gathering. Prehistoric Period. The site files of the New York State Museum(NYSM), Office of ' Parks, Recreation, and Historic Preservation(OPRHP), Suffolk County Archaeological Association(SCAA, Gonzalez and Rutsch 1979), and the Institute for Long Island Archaeology ' (ILIA) contain information regarding two known prehistoric archaeological sites within one mile (1.6 kilometers)of the project area. The closest known site is OPRHP A10310.000223, which consists of two quartz artifacts(an unmodified flake [produced during stone tool manufacture or resharpening] and the base of a tool) found around a pond less than one mile west of the Sunset ' Court property. The second site,NYSM 4485, is a shell midden and village site adjacent to ' 6 1 Figure \1 • north near the northwest1 of the Sunset Courtproject dense volunteervegetation. i Its-'':�s� r• �, ,. - �0, Figure 5. Clearing near the center of the northern edge of the project area(in the vicinity of the '.1'*.. t -'tea` `•- 1 -. e�h � 'w�• � _ � Cls a. proposed 1. 1 looking south. ' Stirling Basin identified by Parker(1920) approximately one mile southeast of the project area. ' Several more prehistoric sites have been reported in the Town of Southold beyond one mile of the project area, most along the south shore of the North Fork. ' The Sunset Court property is located within what is considered a generalized "zone of intense prehistoric activity" (Gonzalez and Rutsch 1979). All of the known prehistoric sites in ' the Greenport vicinity are adjacent to water. Based on the presence of known prehistoric archaeological sites, along with the relative proximity of favorable environmental characteristics ' (e.g.,the wetlands on the south side of Main Road), the project area has a moderate to high sensitivity for the presence of prehistoric remains. Historic Period. There are no reported historic period archaeological sites within one ' mile (1.6 kilometers) of the Sunset Court property in Greenport. In addition,there are no listed or eligible State and/or National Register of Historic Places properties within or immediately ' adjacent to the project area. Permanent settlement by the English did not occur in eastern Suffolk County until the middle of the seventeenth century. At the time of contact,the North Fork was occupied by the ' Manhassets/Corchaugs, speakers of the Mohegan-Pequot-Montauk Algonquian language (Salwen 1978). The lands known to the Indians as Yennecock(present-day Southold, Thompson 1839)were ceded to the Magistrates of New Haven, Connecticut in a series of deeds dating prior to 1640. By the time of European arrival there was little conflict as local Native Americans were already weakened by disease and from raids by the mainland Connecticut tribes. While there was constant fear of attack,there was little actual violence (Bayles 1874:4), and prime land and local power quickly passed to the white settlers. There are no official reservations or settlements recorded for Native Americans on the North Fork after King Phillip's War in 1674. However, ' records of slave purchases indicate that a number of Native Americans were living in Southold during the late seventeenth century as slaves (Booth 1990; Salwen 1978). A count taken by the ' Dutch in 1650 shows there were thirty houses in all of Southold, while a 1687 census lists 113 whites and 27 slaves (Wick 1996:49-50). ' 8 1 ' There are conflicting reports concerning the original settlement of the Town of Southold ' because all town records prior to 1651 are lost(Munsell 1882:1). However, it is generally accepted that in 1640 a group of Puritan settlers from New Haven, Connecticut obtained a grant ' from James Farret to acquire eight square miles of land. By 1665 the town included all lands from Wading River to Plum Island,bounded by Long Island Sound to the north and the Peconic Bay on the south(Munsell 1882:9-10). In the early eighteenth century,the colonists established three major east-west travel ' routes to connect the small farming communities of Suffolk County. Main Road(County Route 48,just south of the project area)was officially cleared for cart use in 1704 (Bailey 1949), and tthis road continues to serve as the major overland transportation route along the North Fork. Most of the early settlers of Southold were farmers, and any goods produced other than ' those needed for subsistence were traded to the Connecticut settlements. Clearing lands for agriculture continued throughout the seventeenth and into the eighteenth century. The hamlet of ' Greenport was settled in 1662 on land granted to Colonel John Youngs. Members of Young's ' family first cleared roughly forty acres of woodland along Main Road at a settlement known as Stirling(in the project area vicinity), while another small cluster of farmsteads called Green Hill ' was established soon afterward. Greenport today encompasses the area occupied by these two small Colonial period settlements. Greenport,the name officially adopted in 1831, became an ' important port, in part because it was located on a creek(Stirling Basin/Winter Harbor)that remained unfrozen when other North Fork anchorages froze solid. Prior to the American ' Revolution,there was active trade from this port to Connecticut. Little changed in the lifeways of the English colonists of Suffolk County until the ' American Revolution. Early in the conflict Long Island attracted British attention because of the island's proximity to the major port of New York Harbor, and also to Connecticut and Rhode tIsland. In addition, Long Island was used as a major resource for provisioning British troops, and the local agrarian economy was disrupted as the British stripped the region of food, timber, and ' herd animals (Luke and Venables 1976). Industry and water-borne trade were interrupted with British occupation of the Town of ' Southold, but life gradually returned to the earlier pattern after 1781. Following the Revolution ' 9 ' and into the mid-nineteenth century,the settlement of the North Fork proceeded slowly and was ' concentrated along main thoroughfares such as Main Road. Post-war growth in Greenport was slow, but facilitated by waterborne commerce. ' By the nineteenth century the community of Greenport was actively engaged in the construction of wharves, trade to the West Indies,the development of the whaling industry, tfishing, and oystering. The first store was built in 1828, and in 1844 the Long Island Railroad extended to Greenport, making it possible for passengers to travel from Brooklyn to Boston by ' way of Greenport via ferry and railroad. By the mid-1840s, 251 vessels berthed at Greenport were engaged in fishing and coastal shipping(Monsell 1990). The town became the favored ' location for the homes of shipwrights,mariners, and merchants, as well as rooming houses for travelers. Many of these nineteenth century houses are still standing. ' During the second half of the nineteenth century, shipbuilding was one of Greenport's largest industries. The local bays and harbors were convenient centers for ship construction, with most yards located around Stirling Basin, less than one mile south of the project area. However, the success of the railroad throughout the United States had a major impact on the wooden ' shipbuilding industry, as railroad cars replaced coastal schooners for the transportation of goods ' and people. Wooden shipbuilding did not last much beyond 1880 in Greenport,when only one barkentine was built(Welch 1993:18). ' Repercussions of the Civil War were felt throughout Southold. Many of the large households of the late eighteenth through early nineteenth century had used slave labor(Hall ' 1975:51), and Native Americans and African-Americans were employed as domestics and field laborers through the mid-nineteenth century. Because the practice of slavery on the North Fork ' had already ended prior to the Civil War, it was the loss of a young workforce to the military that had a more direct impact on the regional economy. ' Following the war, many young men left their family farms. Some were lured to the American west by the Homestead Acts of 1862 and 1864 (Turano 1994:177). Still more were ' attracted to the opportunities offered in the growing cities of America. Back home, one new local industry that arose during the nineteenth century was brick making. As cities expanded,the need for cheap, durable building material increased, and the brickyards of the North Fork met ' 10 ' that need. Most of the brickyards were located south of New York State Route 25 between ' Southold and Greenport. The railroad, interrupted by financial difficulties and the Civil War, resumed regular service to Greenport in the 1870s, carrying a stream of summer visitors to the North Fork. Hotels and boarding houses initially met the needs of summer guests, while the early twentieth century ' witnessed the establishment of large country estates on former farmlands. Generally,these estates were located north of the project area, on Long Island Sound. Despite the influx of ' summer tourism, Southold remained agriculturally based and relatively isolated throughout the nineteenth century. The farmsteads that lined Main Road produced large quantities of potatoes, ' cauliflower,brussels sprouts, strawberries, dairy products, and eggs. The nature of the local agricultural economy changed in 1980 when the first of a number of vineyards was established. tSince then,more vineyards, garden nurseries,orchards, and sod farms have replaced many vegetable farms(Murphy 1990). Commercial boating, fishing, and shellfishing continue to be ' the major industries for Greenport. A survey of early nineteenth through mid-twentieth century maps reveals little activity in ' and adjacent to the Sunset Court property. The 1829 Burr Atlas of the State of New York(Figure ' 6) shows virtually no settlement on Main Road between the cluster of houses at Southold east to Orient(then known as Oyster Pond), although a few scattered farmhouses are known to have lined the highway during the early nineteenth century. The 1843 Mather and Smith Geological Map of Long and Staten Islands (Figure 7)clearly illustrates the linear settlement pattern(with ' houses aligning Main Road)which characterized the Town of Southold from its earliest Euro- American occupation through the late nineteenth century. A few houses are shown on the north ' side of Main Road in the hamlet of Stirling in the project area vicinity, and it is likely that the Sunset Court property was under active cultivation by the mid-nineteenth century. ' By the time of the 1873 Beers Atlas of Long Island(Figure 8),the railroad was running regularly on the North Fork, more roads had been established, and settlement had increased. ' Despite a general increase in population, and the development of Greenport as a thriving port town,the area around the Sunset Court property remained farmland. The 1873 map shows ' farmhouses to the southwest, northeast, and southeast of the project area. ' 11 ' The 1904 USGS topographic map of Shelter Island, New York(15 minute series; Figure ' 9), the 1909 Hyde Atlas of Suffolk County(Figure 10),the 1930 Dolph and Stewart Atlas of Suffolk County(Figure 11), and the 1956 USGS topographic map(Figure 2)all suggest that the project area remained farmland during most of the twentieth century. No buildings are shown within the project area on any of these sources. Based on the information concerning initial settlement of Greenport and the historic map overview, the potential for the presence of significant historic period archaeological sites within ' the Sunset Court property is relatively low to moderate. Expected types of deposits include unmapped outbuilding remains, scattered field debris, and other remnants of agricultural and ' domestic activity. 1 1 1 ' 12 1 project area P SoR 1 / .I415P 4 K i L. Figure 6. 1829 Burr Atlas of the State of New York showing very few buildings along Main ' Road on the North Fork of Long Island. ' 13 1 f/ project area J ✓� X" 1 C `• \ py am --�"J .li A At ' Figure 7. 1843 Mather and Smith Geological Map of Long and Staten Islands showing the ' location of the project area north of Main Road in the hamlet of Stirling (later incorporated into Greenport). ' 14 prq�� t`area _ �. t/f� •' 4 .. / is .ily-+'.,i✓ ..I w ✓. DIST pd ' �30. M , e r P. M•dGjpq�, N AL 1s :M' s � r ' Figure 8. 1873 Beers Atlas of Long Island showing increasing residential development throughout the Town of Southold. Three farmhouses are illustrated adjacent to the project area at the junction of Main Road and Sound Road in Greenport. ' 15 i At, CT PT. ' p �oject area t nit to a 60,i t 4 � a i n t x AIM ORY r v r R AJ( - r r YrJ `L NO �.. J 1 ' Figure 10. 1909 Hyde Atlas of Suffolk County, showing the project area as belonging to Emma Tasker. No buildings are shown within the Sunset Court property. 17 1 1 1 i 1 project area 1 aY��y ts.�.t+rfa T/ , .w. Xw,iw .lfs. an, A&.—At. t 0% /4'rn� LUQ 1 /Ym/4'fl.Maw� ' • fdF GRE PCS :. .. 1 YVm.H.H.M k x{ •4Ymi�KAs�ovr Va; ' AL Mo.R t r 1 Oyu j Nh1MG PT / 1 1 1 Figure 11. 1930 Dolph and Stewart Atlas of Suffolk County showing the location of the project area in Greenport. 1 18 1 1 ' ARCHAEOLOGICAL RESEARCH ' 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. FIELD INSPECTION AND SURFACE SURVEY ' An initial surface reconnaissance was conducted in April 2002. The entire parcel was walked over, with special attention given to examining exposed soil (e.g., cleared areas, dirt tpaths, and uprooted trees)for artifacts or other surface manifestations of past cultural activity. Vegetation patterns and topographic features which might provide insight into early land use were also noted. Visibility is generally fair throughout the project area due to leaf litter and low vegetation, ' but very good in cleared areas. No artifacts or features were encountered within the area slated ' for impact during the surface survey. t SUBSURFACE TESTING The second phase of the field survey consisted of the excavation of shovel test pits ' (STPs)designed to detect the presence of cultural remains buried beneath the ground surface. A mapping datum point(NO/EO)was established near the northeast comer of the project area at a ' telephone pole, and all shovel test pits are identified by metric coordinates relative to this point (Figure 3). As mentioned in the Introduction,the buffer along the west and south boundaries of ' the Sunset Court property is not slated for impact, and was therefore excluded from the subsurface archaeological survey. The remaining 3.8 acres(1.5 hectares)were tested utilizing a ' 15 by 15 meter(49 by 49 foot)grid. A few shovel test pits were relocated to avoid large trees (e.g., S3/W120, S5/W135, and S95/W90), and small sections along the north and south ' boundaries of the project area were not tested due to obvious soil disturbance (Figure 3). ' 19 1 ' A total of 55 shovel test pits was excavated. Shovel test pits have a diameter of ' approximately 40 centimeters (16 inches). All shovel test pits were dug well into the B2 subsoil, typically over 60 centimeters (24 inches)below the present ground surface. The soil from each ' test unit was screened through a six millimeter(1/4 inch)wire mesh to aid in the identification and recovery of cultural materials. All cultural material,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. ' Recovered material was brought to the laboratory at the State University of New York at Stony Brook for cleaning, analysis, and curation. In the laboratory, all artifacts were cleaned, ' cataloged, and recorded in a computerized file. Shellfish remains are sorted by species, and quantified by the minimum number of individuals rather than fragment count. Historic period ' artifacts were identified and classified using a number of standard manuals(e.g.,Noel Hume 1970). 1 ' 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 to this ' report. The general characteristics of the soils found in the project area are discussed in the t Environmental Setting, above. The topsoil layer(referred to in the Appendix as the AO/Al horizon) consists of partially decomposed organic matter and dark brown sandy or silty loam, and ' extends to an average of four centimeters(1.6 inches)below the ground surface. All shovel test pits contained a plow zone(pz)of medium to dark brown silty or sandy loam to an average depth ' of 33 centimeters (13 inches). The plow zone is underlain by the subsoil (132 horizon), orange brown silty or sandy loam(occasionally with pebbles and gravel). The B3 substratum of yellow ' brown silty sand with pebbles and gravel was reached in eleven shovel test pits (Appendix). A very light density of Euro-American cultural material was recovered during subsurface ' testing. Three shovel test pits yielded three small fragments of whiteware and one brick fragment (Figure 3; Appendix). None of the ceramic tableware sherds had a maker's mark or other ' temporally diagnostic feature, and can only be roughly dated to the late nineteenth through ' 20 1 ' twentieth century. The single piece of shell recovered from STP S90/W45 is of unceratin age. ' No historic period features were encountered during the archaeological survey of the project area. The Euro-American cultural material recovered from shovel test pits on the Sunset Court property is of very light density and low diversity. It is probably the result of sporadic dumping of household refuse and subsequent dispersal by plowing, and as such, it has virtually no ' potential for contributing to our understanding of past activities in Greenport. 1 1 ' 21 ' CONCLUSIONS AND RECOMMENDATIONS Archival research and archaeological investigation of the Sunset Court property in Greenport, Town of Southold, Suffolk County,New York, suggests that the project area witnessed limited discernable human activity in the past. There are no known prehistoric sites within or immediately adjacent to the project area. A survey of historic maps indicates that the ' property most likely was used as farm fields at least as early as the mid-nineteenth century and through the late twentieth century. While buildings lined Main Road south of the Sunset Court tproperty from an early date,there is no evidence that any structures were ever built within the project area limits. ' The entire project area slated for impact was investigated with a surface survey and subsurface archaeological testing. A total of 55 shovel test pits was excavated. No prehistoric ' artifacts, and no prehistoric or historic period features were encountered. A very light density of late nineteenth through twentieth century Euro-American material was recovered, including three ' small fragments of whiteware and one brick fragment. This material is probably the result of ' sporadic dumping of household refuse and subsequent dispersal by plowing, and as such, it has virtually no potential for contributing to our understanding of past activities in Greenport. No historic period features were identified. No further archaeological investigations are recommended. ' 22 1 ' REFERENCES Bailey, Paul 1949 Long Island:A History of Two Great Counties Nassau and Suffolk. Lewis Historical Publications,New York. Bayles, Richard M. 1874 Historical and Descriptive Sketches of Suffolk County. Published by the author, Port Jefferson,New York. ' 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. Booth,Antonia 1990 A Brief Account of Southold's History. In Southold Town 350th Anniversary, 1640- 1990, edited by Peggy Murphy. 350th Anniversary Executive Committee, Southold,New ' York. Gonzalez, Ellice and Edward Rutsch ' 1979 Suffolk County Cultural Resource Inventory. Published by the Suffolk County Archaeological Association, Stony Brook,New York. ' Hall, Warren 1975 Pagans, Puritans, Patriots of Yesterday's Southold. New Suffolk Historical Council, ' Cutchogue,New York. Lightfoot, Kent ' 1986 Regional Surveys in the Eastern United States: The Strengths and Weaknesses of Implementing Subsurface Testing Programs. American Antiquity 51:484-504. ' Luke, Myron H. and Robert W. Venables 1976 Long Island in the American Revolution. New York State American Revolution Bicentennial Commission, Albany. ' Noel Hume, Ivor 1970 A Guide to Artifacts of Colonial America. Knopf,New York. Monsell, James I. ' 1990 History of Greenport. In Southold Town 350th Anniversary, 1640-1990, edited by Peggy Murphy. 350th Anniversary Executive Committee, Southold,New York. ' 23 1 1 ' Munsell, William W. 1882 History of Suffolk County, New York 1683-1882. W. W. Munsell and Company,New ' York. ' Murphy, Peggy 1990 Farming: Southold's Ever Changing Heritage. In Southold Town 350th Anniversary, 1640-1990, edited by Peggy Murphy. 350th Anniversary Executive Committee, ' Southold,New York. Parker, Arthur C. ' 1920 The Archeological History of New York. New York State Museum Bulletin Numbers 237 and 238, 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. ' Turano, Francis J. 1994 Two Hundred Years of Family Farm Households, 1700-1900: The Archaeology of the ' Terry-Mulford Site, Orient(Oysterponds),New York. Unpublished Ph.D. dissertation, Department of Anthropology, State University of New York at Stony Brook. ' 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. Welch,Richard F. ' 1993 An Island's Trade: Nineteenth-Century Shipbuilding on Long Island. Mystic Seaport Museum, Mystic, Connecticut. Wick, Steve 1996 Heaven and Earth, the Last Farmers of the North Fork. St. Martin's Press,New York. 24 1 ' List of Maps Beers, F. W. ' 1873 Atlas of Long Island, New York. Beers, Comstock, and Cline, Brooklyn,New York. Burr, David 1829 An Atlas of the State of New York. Copy on file, Map Library, State University of New York at Stony Brook. Dolph and Stewart 1930 Atlas of Suffolk County, New York. Dolph and Stewart,New York. Hyde, E. Belcher 1909 Atlas of Suffolk County, Long Island; North Side-Sound Shore. E. Belcher Hyde, Brooklyn,New York. ' Mather, W.W. and J. Calvin Smith 1843 Geological Map of Long and Staten Islands with the Environs of New York. In The Natural History of New York by W.W. Mather, Endicott,New York. ' United States Geological Survey 1904 Shelter Island, New York. 15 minute series. U.S. Geological Survey, Washington, D.C. 1956 Greenport, New York. 7.5 minute series. U.S. Geological Survey, Washington, D.C. ' 1956 Southold, New York. 7.5 minute series. U.S. Geological Survey, Washington, D.C. ' 25 APPENDIX: SHOVEL TEST PIT EXCAVATION INVENTORY ' Basic descriptive data from shovel test pits excavated in the Sunset Court property are presented in the following appendix. Excavation, stratigraphic, and artifactual information are included. Excavation information includes shovel test pit(STP) coordinates relative to project datum, level number, stratigraphic designation(stratum), and starting (SD) and ending(ED) depths (in centimeters) for each excavated level. An inventory of the cultural material recovered during the project is found in the final ' column. Shellfish quantity is expressed as the minimum number of individuals rather than fragment count. Unless indicated otherwise, all ceramic fragments are undecorated vessel body portions. ' The following abbreviations are used in the appendix: ' Stratum soils AO/Al-topsoil bn-brown 132-subsoil dk-dark ' 133-substratum gv-gravel pz-plow zone Im-loam(y) ' It-light md-medium ob-orange brown ' pb-pebbles sd-sand(y) st-silt(y) ' yb-yellow brown 1 ' 26 1 1 APPENDIX: SHOVEL TEST PIT EXCAVATION INVENTORY STP SD ED Stratum Soils Cultural Material S3/W120 0 32 pz dk bn sd Im 32 60 B2 ob Im sd w/pb S5/W 135 0 30 pz and bn sd Im ' 30 62 B2 ob sd Im w/pb S15/W135 0 30 pz and bn st Im 30 60 B2 ob st Im w/pb ' S15/W120 0 32 pz and bn sd lm 32 60 B2 ob sd Im ' S15/W105 0 37 pz and bn st lm 37 62 B2 ob Im sd w/pb&gv S15/W90 0 40 pz and bn st lm ' 40 60 B2 ob lm sd w/pb&gv S15/W75 0 35 pz and bn st lm 35 60 B2 ob lm sd w/pb&gv ' S15/W60 0 36 pz and bn st Im 36 61 B2 ob lm sd w/pb&gv S15/W45 0 35 pz and bn st Im ' 35 60 B2 ob st Im S15/W30 0 36 pz and bn st Im 36 60 B2 ob Im sd w/pb&gv ' S15/W15 0 35 pz and bn st lm 35 60 B2 ob st Im ' S30/W 135 0 4 AO/Al dk bn st lm 4 26 pz and bn st Im 26 60 B2 ob st lm ' S30/W 120 0 7 AO/Al dk bn sd Im 7 35 pz and bn Im sd 35 61 B2 ob Im sd w/pb ' S30/W105 0 2 AO/Al dk bn st Im 2 33 pz and bn st lm 33 48 B2 ob Im sd w/pb ' 48 60 B3 yb st sd w/pb S30/W90 0 2 AO/Al dk bn st Im 2 33 pz and bn st Im ' 33 42 B2 ob sd Im w/pb 42 60 B3 yb st sd w/pb&gv S30/W75 0 41 pz and bn st Im 1 whiteware ' 41 60 B2 ob st Im w/pb 1 brick ' 27 ' STP SD ED Stratum Soils Cultural Material S30/W60 0 37 pz and bn st Im 37 60 B2 ob st Im w/gv S30/W45 0 24 pz and bn st Im I whiteware ' 24 60 B2 ob st Im w/gv S30/W30 0 33 pz and bn st Im 33 60 B2 ob sd Im w/pb&gv ' S30/W15 0 33 pz and bn st Im 33 60 B2 ob st lm w/gv S45/W135 0 6 AO/Al dk bn sd Im ' 6 29 pz dk bn sd Im 29 62 B2 ob sd lm ' S45/W 120 0 10 AO/Al dk bn sd lm 10 32 pz and bn sd Im 32 62 B2 ob sd Im ' S45/W105 0 13 AO/Al dk bn sd Im 13 35 pz and bn sd Im 35 61 B2 ob sd Im ' S45/W90 0 31 pz and bn sd lm 31 60 B2 ob sd Im S45/W75 0 36 pz and bn sd lm 36 60 B2 and bn sd lm S45/W60 0 32 pz and bn sd Im 32 60 B2 ob sd Im ' S45/W45 0 30 pz and bn sd Im 30 62 B2 ob sd Im ' S45/W30 0 29 pz and bn st Im 29 60 B2 ob st Im S45/W15 0 36 pz and bn st lm ' 36 60 B2 ob st Im S60/W135 0 3 AO/Al dk bn st lm 3 31 pz and bn st Im 31 60 B2 ob st Im S60/W120 0 4 AO/Al dk bn st Im 4 32 pz and bn st Im ' 32 50 B2 ob st Im w/pb 50 60 B3 yb st sd w/pb&gv S60/W105 0 4 AO/Al dk bn st Im ' 4 33 pz and bn st lm w/pb 33 60 B2 ob Im sd w/pb&gv ' 28 1 1 STP SD ED Stratum Soils Cultural Material S60/W90 0 39 pz and bn st Im 39 52 B2 dk ob st Im 52 60 B3 yb st sd w/pb&gv ' S60/W75 0 27 pz and bn st Im 27 54 B2 dk ob st Im w/pb 54 60 B3 yb st sd w/pb&gv ' S60/W60 0 26 pz and bn st Im 26 53 B2 dk ob st Im 53 60 B3 yb st sd w/pb&gv S60/W45 0 29 pz and bn st Im 29 47 B2 dk ob st lm ' 47 60 B3 yb st sd w/pb&gv S60/W30 0 25 pz and bn st Im 25 51 B2 dk ob st m w/pb t 51 60 B3 yb st sd w/pb S60/W15 0 2 AO/Al dk bn st lm 2 30 pz and bn st Im 1 whiteware t 30 60 B2 dk ob st m w/pb S75/W150 0 31 pz and bn lm sd 31 60 B2 ob lm sd w/pb&gv ' S75/W135 0 6 AO/Al dk bn lm sd 6 31 pz and bn Im sd 31 62 B2 ob Im sd ' S75/W120 0 31 pz and bn Im sd 31 60 B2 ob Im sd S75/W105 0 8 AO/Al dk bn sd lm ' 8 32 pz and bn sd Im 32 65 B2 ob st sd w/pb&gv ' S75/W90 0 31 pz and bn st Im 31 61 B2 ob sd lm S75/W75 0 34 pz and bn sd lm ' 34 46 B2 dk ob sd Im 46 64 B3 yb sd lm w/pb&gv S75/W60 0 32 pz and bn sd Im t 32 60 B2 ob sd lm S75/W45 0 28 pz and bn sd Im 28 63 B2 ob sd lm ' S75/W30 0 29 pz and bn sd Im 29 60 B2 ob sd lm 29 ' STP SD ED Stratum Soils Cultural Material ' S75/W15 0 8 AO/Al dk bn sd lm 8 24 pz and bn sd Im 24 50 B2 ob sd Im ' S0 60 B3 yb st sd w/pb&gv S901W135 0 5 AO/AI dk bn Im sd 5 32 pz and bn lm sd ' 32 60 B2 ob Im sd S90/W120 0 6 AO/Al dk bn Im sd 6 32 pz and bn Im sd 32 60 B2 ob lm sd S90/W105 0 4 AO/Al dk bn lm sd ' 4 34 pz and bn Im sd 34 60 B2 ob Im sd S95/W90 0 1 AO/Al dk bn st Im ' 1 24 pz and bn st Im 24 51 B2 dk ob st Im w/pb 51 60 B3 yb st sd w/pb&gv ' S90fW75 0 2 AO/Al dk bn st lm 2 39 pz and bn st Im 39 60 B2 dk ob st Im w/pb&gv ' S90/W60 0 36 pz and bn st Im 36 60 B2 ob st Im w/pb S90/W45 0 37 pz and bn st lm 1 hard shell clam ' 37 60 B2 ob st Im w/pb&gv 30 1 ¢visions oe-2o-v 12 w-va s2 01 of o s26 Me. w.ow lm2 w*a ,ME x no,eoo 0o0( wra —_� z — ��\�,7 —� rw>ccc w. olza-o ail) —_ SCv,S,n .Q v9N` o-oz-oo, z-.z-0 �� •p 2 s-oa-o w1 ✓ os-zi. 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SaUTINOW RRA' XSFR166 A ♦ j. -- x __ COUNTY OF SUFFOLK Q E T- SOUTHOLD SecTUN No �a.•�,,u;r,a zv z „ ",r — �.. �,.ry a`a°� 1 ° �wr;p Real Property Tax Service Agency ' Y , s — s vzm. �� _ -•— - O Jy �- FI,. ._ n H RR -- 035 cowry Center Rivernead,N Y 11901 P ^"' I LASER FICHE FORM SCANNED SUBDIVISIONS SCANNED - JUL 19 JUL 1 - ' ecords Mama eme t eeor s ana�ement Project Type: Standard Status: Final Approval SCTM # : 1000 - 35.-1-4 Project Name: Verity, Michael J. Location: The property is located in the R-40 Zoning District on the n/s/o Main Road and the w/s/o Sound Road in Greenport. Hamlet: Greenport Applicant Name: Michael J. Verity Owner Name: Michael J. Verity Zone 1: R-40 Approval Date: 7/9/2007 PLAT Signed Date: '71glaq 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: 405 Sound Road, Greenport County Filing Date: SCAN Date: P-1 LOCATION MAP " I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED SCALE:1'=600' FEB. 03, 2000 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: ■ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. Pl6 OF NEW raYO s �m r '� J\D H. c R y �y� UP O � �V.I Na 'I e b ' I 0`'°o\ `� <fCE., � .,ry n ,;n DAVID H. FOX DATE eP� 6ti E' \ �1•, N.Y.S.L.S. M 50234 � o tO(�6L\O e `\ l+` 1q i 01 00 �o'Ap`� S ` 1Q QD `APs\ �, 'I HEREBY CERTIFY THAT THE WATER SUPPLIES AND/OR SEWAGE DISPOSAL SYSTEMS FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED ON A CAREFUL p, AND THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, o/�4 o AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE.' ",�y�• ,i� longi p0 N _ kp. R 1 0111°\ ` r` S° \ ^F, �w� 0 . n tq6 Qoo � \\vat °o,'i \ LGewAO^DeiB\` '"LLn �+m o. \ \.°� 15i1 V\ i dsd \ Q`a'.g , MICHAEL D. MAPES DATE N.Y.S.P.E. $70501 FO�1�e`\1 1 q Lin r N: npyl °_Gs \'`°\o`' \ o e „ ,,\\ �o ;' eft .SAS P °\�1oP wnil I z �„0$ .° i \.off. TEST HOLE DATA PLOT PLAN: a £ ° Pco° F\a9 \ 563./ / 41 `.\8 \ &Sq \ / / / ��\�>fi f / \ AR\C0 (au+. ON 2002) P.oFE°,.ui+s lPreo d �. / SE(1 \fC ` \f'��o � 'ab \ 0a F-_.._._____._._, pPOPw p�p35,I" OfN�Y \\ V3 \ coxa& O. pQoe'N1PH tA'o. \ oc/ a o,d" \ SAND n Is fJ fl �P�R\V" � \ y t J GRAY sr % �G\ h6y w, elsy f � � eM.N\,o e o P` kc, d U @FE I' FSo mot �$"bS oe;1 `. ° O Got\S,\;.,) ».o + P<so F\G9 .. . • OOH �d ROAo w.rz .- _ — !b '(oto\\odpq Cn F, e N o e o. 1,P1 y 1\y ?r THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY ARTICLE 16 OF THE TOWN LAW. eiFE 6- Qy2 1 Co oVAv6 r0 po"N 0 �O� SOVc\`� CHAIRMAN DATE OF APPROVAL DATE OF CERTIFICATION NOTE p 1. REFERENCE DEED L. 11049 CP, 59 22 0a 4 \ 2. TOPOGRAPHICAL DATA SHOWN HEREON IS FROM ACTUAL SURVEYS AND IS -5. 01 p,p REFERENCED TO N.G.V DATUM (MSL 1929). -e i 1 R� 3. CLEARING FOR LOTS 1 THRU LIMITED 4 IS LIMITED TO 60.09. MAXIMUM CLEARING AND 3 M A•� .n.\ OAD) CLEARING FOR LOT 5 IS LIMITED T. ., Lot MAXIMUM CLEARING. o� '� m OR R (MAX CLEARING; Lot 1=12,672 S.F., Lot 2=12,956 S.F., Lot 3=15,049 S.F., �N LA ESS F86 S.F., Lot ON DRIVEWAY S.F.) 0 £ 4. LOT 5 SHALL HAVE ACCESS FROM A COMMON DRIVEWAY EASEMENT OVER LOT 3. o 5. FOR INSTALLATION OF SANITARY SYSTEMS REMOVE UNSUITABLE MATERIAL AND SF / BACKFILL WITH CLEAN SAND k GRAVEL PER S.C.D.H.S. REQUIREMENTS. 8. LOTS 1 THRU 4 ON THIS MAP ARE SUBJECT TO THE BULK SCHEDULE REQUIREMENTS FO(MINMUM SETBACKS-.FRONT = 40, REAR LOTS PURSUANT 50,SECTION 25) OF THE 0 WN DE. 50, SDE MIN. 15, SIDE TOTAL35) SITE DATA / \OpN1m9) TOTAL AREA 241,139 S.F. ZONING USE DISTRICT R-40 f •� SCHOOL DISTRICT SOUTHOLD a TIFIRE DISTRICT O ULITIES VERIZ VERIZON, LIPA � u OWNER APPROVED PRELIM. PLAT SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES i; f 353.41 MICHAEL VERITY ov vAvu^cN* P.O. BOX 475 ,FEB 1 2 2007 007 HAUPPAUGE, N.Y. o� 00S GREENPORT, N.Y. 11944 ! 4WS7/ tin / N DATE Tti�t ' p O /gyp JOB NO:2002-697 f� D, DATE: REVISION: Clustered Property For The 577 5730"w �./1 A!N�N ROA OCT.A15, 2006 To"„„AME„op,ENn Property Of: AUG. 23, 2006 TDM AMENDMErvs "Michael Michae l Verity t e THE PROPOSED DEVELOPMENT FOR At IN THEGreenport WITH A TOTAL OF LOTS IS EXEMPT FROM REQUIREMENTS PURSUANT TO ARTCLE 6 OF THE SUFFOLK COUNTY SANITARY CODE SECTSouthold ON 760-6010. WATER SUPPLY AND SEWAGE DISPOSAL �I TO FACIUTES ON EACH LOT MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS OCT - 5 2OOB Suffolk County, New York PURSUANT TO THOSE STANDARDS. Suffolk County Tax Map: Dist. 1000 Sect. 035.00 Block 01.00 Lot 004.000 FOX LAND SURVEYING 50 50 VITO A. MINEI, P.E. DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY 64 SUNSET i WESTHAMPTON BEACH,CH, N.Y.N.Y11978 SCALE:1'=50' '4 (631) 288-0022 LOCATION MAP SCALE:1"=600' " I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED FEB. 03, 2000 AND THAT ALL CONCRETE MONUMENTS SHOWN HUS: ■ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. `Ey H- Ot E0 0OA°01e ob V ,5k, ow P 05 I \ Jo ePoeti E \ +��\ - CAa DAVID H. FOX DATE (9 1�, " N.Y.S.L.S. (/ 50234 �.. 01 Sp0co NOR" ROM "I HEREBY CERTIFY THAT HE WATER SUPPUES AND/OR SEWAGE DISPOSAL SYSTEMS FOR �I� n'�I-• 7 F HIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED ON A CAREFUL D °4 AND THOROUGH STUDY OF HE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, X00 `y�n spa° \g1 p0 ��\ \ AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES o,� Q CONSTRUCTION STANDARDS IN EFFECT AS OF HIS DATE." Of GO OC, dp NEW y�7!;I� � f 53• N \ \ 4 \ h'L 9 i Of Of- 0. O o 1g9 49 11 Se f a+.�'�\ , l2\ G !.`� yt\y I °b. Una \ 5"E '/�\ \ \ q; \ o'pi d �. ,.,I7,., ' IC A L APES DATE 1m O q D 2 \ \ 510 , \ g m +� N.Y.S.P.E. 0501 07 1 Q w T E\05 &. c cam. �� � �� / \ �+ � � ° d � Ys nsD .}.�. k7 O O IO \ iP i \ \�i 'L 0 \ oP�dT6p°s a VO9 d� \ w 0 1, 1 '-\ -\l 03 poo aROr slo`\;` O\\\ P �\ II $•)y' ��\ "4 ` ti M 6\4 p11 `'\'. VA lVoc`" 2o-1�0' �n^i " ' \ /� V A.0 � Z'�` ZO• � , `R.O. 35'I� � ii l�Otpo�°alma ' \ � � \ TEST HOLE DATA PLOT PLAN: tea'/ aD S \ am a _ 1PRGPzRTY u, 11Ap� ii 16 i/i \/ \ PpsEaN�� sAND 9Pa53o�01"� Vy92¢tl\\ \ a� Id TP. O'- - \\ \V / PO SPH \ $ �\ ei e rs°.`�ic+"� A House Q°�plF'/ i \ 01111 a 1A \\ O / f�\ N •'e 1 Ep70`mp7 sN mF 5 wiN g (� O R l bo \\ It 9A2\ \\ \.pt 1a 1915 p91 \ o a0 �Gtrpl\eo\ac w9^�� ,7.0 \ \" `('•\ °t°r dog ��. v� - _ - _ _,_ L .,�.ua� _.- \ sono THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED Of \SOJ `5 BY ARTICLE 16 OF HE TOWN LAW. \ °w s N°<eOo\ oo`�90"a CHAIRMAN DATE OF APPROVAL DATE OF CERTIFICATION 2' NOTE _ _ o \� / / �S• 1. REFERENCE DEED L. 11049 CP. 59 / N �Oca i O o Rp 2. TOPOGRAPHICAL DATA SHOWN HEREON IS FROM ACTUAL SURVEYS AND IS G /� // '� /� �e%,� '�N M A►N ROP4 HREFERENCED TO N.G.V DATUM (MSL 1929). a �- ORTFI 3. CLEARING FOR LOTS 1 RU 4 IS LIMITED TO 60.0% MAXIMUM CLEARING AND o `< <N CLEARING FOR LOT 5 IS UNITED TO 25.0% MAXIMUM CLEARING. 4. COMMON DRIVEWAY EASEMENT TO SERVICE LOTS 3 AND 5. W / 5. FOR INSTALLATION OF SANITARY SYSTEMS REMOVE UNSUITABLE MATERIAL AND BACKFILL WITH CLEAN SAND & GRAVEL PER S.C.D.H.S. REQUIREMENTS. J SITE DATA TOTAL AREA 241,139 S.F. ZONING USE DISTRICT R-4 �j / '/ / low`��M91 SCHOOL DISTRICT SOU HOLD FIRE DISTRICT SOUHOLD UTILITIES VERIZON, UPA OWNER o LL✓9 `}ac MICHAEL VERITY SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES �j 35 AA P.O.� BOX 47 HAUPPAUGE, N.Y. 6 Y. 11944 Dv APPROVED SKETCH PLAN DATE 1 206AU ' I JOB N0:2002-697 STT•5T'30�W M A1N TH ROAD) DATE: REVISION; q Standard Subdivision OR ocTt v8"rnsn:;` a. RE;nRm ..n: -:: �_ For the Property Of: MAY 15, 2006 MM AMENDMENTS THE PROPOSED DEVELOPMENT FOR IN HE L r2� C -� "Michael Verity" -LS l WITH A TOTAL OF LOTS IS Greenport EXEMPT FROM REQUIREMENTS PURSUANT TO ARTICLE 6 OF THE SUFFOLK COUNTY SANITARY CODE SECTION 760-6010. WATER SUPPLY AND SEWAGE DISPOSAL ,�� ,i JIM -8 2006 �I Town o FACILITIES ON EACH LOT MUST CONFORM TO CONSTRUCTION STANDARDS IN of EFFECT AT HE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS. Southold L Suffolk County, New York Suffolk County Tax Map: ° """"""'Diel. 1000 Sect. 035.00 Block 01.00 Lot 004.000 DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY VIL QUALITY P.E. FOX LAND SURVEYING SO D SD 64 SUNSET AVENUE - - - WESHAMPTON BEACH, N.Y. 11976 SCALE:1"=50' (631) 286-0022 61 II i LOCATION MAP r SCALE:1'=600 Pa b of\y py � pt f Q° cOy°p\e ; Noam aoM i(\ I st\`1 \, �M c9° wa,s9odi s Otto 1 Ot f N� opt pOy - �\ `t10 s 0'. w _ (,kt( I J ° F.A. 0( - O Cieo(°A Eo f s Z \ � 7 t`P000 e 53. 09, ° f89 % 4't ^ yp O \O \ O\ OW O( 0\:\Os p5 - go \000 \ \ Lwoc^ N6a,9 g0�1£�a ti10' �� '' f.04. 3 ot°` PLOT PLAN: ,asat \ TEST HOLE DATA y �-pL 11 1 \ AS=(J., m 2002) n uNf �o rn� p'j5 et\y 0( SAM \ r 272 g9. o CP. o�Ot\`o awe al 6 n sC \' 1.0 HOUSE SAM• j e 7. f0 o�et\y\ts MSN 0 ( �0 A, \s o t po41 pp N 1 - T��ovaoamg.ol Poti \\eo owLes",.o`"a — - - _ — - L n0 5154.15. �1't �w LVROAD vaso unuu % p fit.] 10 p'w a ROP` OWNER 2t.+a o °^� ► A Al N TN ROAD) 5 y ,`/, G 304.3 o1K �0 te� (NOR PMICHAEL.O. BOX VERITY n 4 GREENPORT, N.Y. 11944 0 gO NOTE E t 0 2U ., $�' N 3 m 1. REFERENCE DEED L. 11049 Co. 59 2. TOPOGRAPHICAL DATA SHOWN HEREON IS FROM ACTUAL SURVEYS AND IS cv REFERENCED TO N.G.V DATUM (MSL 1929). i io.e„wai SITE DATA t5 o 51• ' TOTAL AREA 241,139 S.F. ZONING USE DISTRICT R-40 SCHOOL DISTRICT SOUTHOLD N O / FIRE DISTRICT SOUTHOLD ,t 0 _ UTILITIES VERIZON, t1PA b c353.41 GF pr w rw JOB N0:2002-897 x;39 ATE: REVISION: Yield Plan Prepared For: O /�O 2! CT. 18, 2005 ®�uu PR2aAnm "Michael Vo ity” �N R r 0 uAt H Greenport Nva Doe T 57 30„W M P RtROPD) l� 11 y� ,. `n �� y� 57 (NO I ,I ' 25 2006 ''} ,rr a Town of Southold dd Suffolk County, New York Suffolk County Tax Map: Dlet. 1000 Sect. 035.00 Block 01,00 Lot 004.000 m 0 s0 FOX LAND SURVEYING 64 SUNSET AVENUE SCALE:1'=50' WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 I � II '1 �^ r' '�, nFry N 'yei � �Ir A 1 ✓ � ,` M �Yi� vxM', tiY t 4 b ✓ de .y �,� �i5' It,1 e a ✓ � , eia '1'p i'r� ---T ;k }✓ fl � � � ✓V;: e i i Va6 l - � al li. i ��� •-• eCit eIM';l NN � hr� ✓ � 11��� ✓ �� .,in � i 4'S � '" d � ���� � „'r a�sroee�l9r lN�',f I T`,�r- '"n n .vj aJP V �d ie)d id '�'ry ✓ t � �. '{ � �� � d'. - v�wy �..-�. � -.v�.+'.� � lq:_ n e �_ w;an_�. y0'1rg h 'I 1y7 ' df. ) x llk !. a y; ✓ it .'.l I f�f ! " _ 1 ( r' � s -M. .✓W.-t.-4-�' ...,q `.'�-,.A-.r'w--r.` h r 1 ,� y�..'• e 61��4 q 1. 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',.�1 --__ +f"3 kJ,9`i>*r`b ,W��i� a ,a a elf-�+.r-�+ e 1� e 'a -.-...-m-..-_ 1 i i. ill " ,fIi ,'P 1�i�iv i �4 1e ,ra tl. . l g't � nl i,? sl eri d� w ✓ f �,' ' �.,) e wr 1. , t e . 1 i ye _,�, '^° „a.,� d `.. �eu�z6- 1i .� . e1� 2�� 'v e! � p,� l i r 4 ii u a AI ;H Me q i. f R �i✓,.I e b p Ij $J If df�.,' $ �,i It ! e �.R 1' ✓ '� MyI 5f x'14 dee � d d kl✓ f � ID +a r� 7iJ' ;' ..l e 1(' i 'i ✓ et*e�. .� ✓' sai r� '_ "� -'^ -�� h d1 ', enl ev, a )E 'nik a lTt#x 1J, , /tl'r.' ` �- i i..., k.,.,lee � eal � n "sIt fi ,..-;-0d la it i Tee ✓,,,� i�✓L e I, I " - 'e'n t9i 1 _ y,. !_-�.,e s ^` i,, yw"*r m r ;,: M'tM n'rrc' �m -"> -- -.;-�# ✓ r `aye i Xr)'fur° d if ' _, b'n, �'3,"- ., e _ i "'i . 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"he n,rr af-'y"'__;"", -w' ea.�{§,iY � i' ✓It a i,�' P Y Y�Y 5 11.. .e "): 5r'i� .,w' a Ye i e " i r;.§`yid; � � p i ! �r: :�"a' � .; is% i a r � ::�n9i n �` ✓�,i/��' ✓. ��pp �'i-1S ,.,: hnl ,,�� r .,,q :fix .v .f.� f r ,� _miR u. ;� i : �, ;, „ , � 4 , i f .,f; -a f✓ !L >,�U4✓ vh✓ 1 , t.( i eY'i�si ,,, � _ a � , ,'ax2i1 T�_r .. :r-;v":n.i �� "vM1°f ,ei -- ; "�, n i1 �.1-V`Y^ME4', . ff � , �.�, b I '. f , .'✓d, �, ac`, i �' � ee, ,e, h✓ a �`� f. , .mm ' >;yr ✓ ,. i s, +d3 dI i� .i: ✓a ,,,,y, w y,yn 9 au �i �:{, ' r'p7�'' , ;,'1 ..c .,;,,i � � ., '"le 'te t e i4 w � ✓ r r ae ,� V } � l a;� 1, � i ?�, ;. y i e li'I° e L N m q m 1 ,�9iy 1 i, en,il 1 �'1i 1 7 2 Jff rir l e+i1( _a e MY,. 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':-': v �.•�" y;.0 � ., aF t��l'� ' , '� i 14 k; A 3 f��� ✓- ,',"12'ivd ", ✓, , . ,,,vi`.,'yyd. xlldrlry l e i,! 1141 •',I,i 1r ',3Yft uil, ,,l,,.; {V II v.4y 2 ✓4d µ„r I" Ydl"i?Pe k I�'•. _ f.l"41Ahyti �\ :-.1.( �. _ e VLf.N aYf -.I�., 4 *�._r - L4'+'Ta v u�✓ e e i.,,e ,,'�_ n, s nom'�'�� 1 • G . � ,V s .`rl'h6 �;f - f�r e nr.} i.,. k V 'el S 1 d riFM a. s y{F el � � e ti .r ai Ylch 7 ✓s.,:y, k, vEfi e '�+ae' �1� 'n ��� ��, Sy`ri, ' `) i;,i-�e n,✓ �a P - rd r!nr �(p " ;�'lJ'.�t «li f���: ,uls r f_�{d, ad ,':� _ q ��7�'� - Yt el;;i;, �sl e .- )pJv r;' ;✓nv rF.;�,-a 15 ia� l e l S �: Ii Mr V i h W i ✓ /� e^ �J' t � ',!4�'a ✓ ' � 1` e � )d l �k.. vaI: Pb a1M;�,• i � . .i s� � � , d ite, ✓ 1 k�„�� i6 as _"ile t 4 h is � e � .,.' - r .___ _ - ✓ s 9:e °'� i'e, tlk lr� te {, }, ,';y- r I' l', ', ,;� � , -", -�+-- ". -' �,"-" .� Hv'�'"�;''TI, ":•--'rl-hH6-ye.9.,.e,vG e`er >* l -F' � `:, e r ,r ', � _ �-T �,__�. _, , .. � a.t� �`+�� „_.e � ry��,��7 _ . fff :„r It . �,° 11 li:-,fe :5 ,. ei,alY :�i "a ', „y ; �.-1 .mitI;I .,4,a Rh llo i'S0 - SLOPES GREATER THAN 15% _ ., ank ✓• i e ku, ..,I _ :.-,1 .i +" e, p l e - yao 6 p � In 'y�h 1 �Er "� iT 4 tl s ? iJ- M ,,, � ✓ a, _ ;,-,� 1 e ' "€�'r^ ✓" i�rvV �.i c}.! iii, r'H f �lwyY �' ri I`ta-- "4 „r r:^-.. r-•-- �•T-,"T- ''-I�,_ CONSERVATION AREA DATA rb 6 e i + , ---•��• e[� le p#L<`v e 7Y. . pi 9b, I '1laat<i !1'e 5el - + N ;e_dV'Ipff.1 '- I; _ : ,. r '-,�" def, r .., ;�,. ✓z e ) 'i',i,, t .,,; r ,- 4 ^ Y 9 ¢a ie 4 . ' ee d, lie - .f a rY vi l dl sl e. I°ri f a v 7iw '� d hl, i ,'. ;e �'•'I, "Yl{ i V rt 4 Ir. IA 'nxr rsi. „ n . I - '' ". W[; '',i,; J 'f frywdl' iFT A Y ti,i,. XF ,� ,.,✓� 1 � ..�- -^" -�_ ' ,l '.^z` uo - e, SECONDARY CONSERVATION AREA c _, I� ...r Eire e;,,7.,. ✓yi ;. . ,;;, ., ;CiHC}t'tgt .R':o- n'',", i ';_4;, > e ' r_�e e,�' iw.viE "� ' ;n x e'^'%" a " r,. . ° �� ,,,b ",'✓ ii ":: u 'n a :.. .ni ^I . �I _. is _ et i, :. r irc'✓ " le e ti „ ` n..lvl 'Lu _ i, -4 T` _- J'+�: 'n,; �:-„ �=� ., �,.,,,,.-.�-_ r,_T ---?;��r'd- iti J ��d"r Y . tf � --sl �?'�"'e � r� " .,-Jid, -`-�'-�., . '.,,u.�u_�d {Yh,-r-s q� .i�^r L� �� •'i7-' , Z .� .✓�_ .',� .I� a � e ��'� ,,, n;; � . . a r"�_--�-�°,.��"ry••�-,�_ � ,.+ ae e �n, e d� r ✓ t �,,rl �t1 4✓U ; , en f '!- _ _ _ �_ ✓;;-r__.,_!,.,,:,,,�_ _,.i,_,.,_ _,..�;,� ' "-,. � � y,._� *'"'�x;7" � � a� THE SITE CONSISTS PRIMARILY OF WOODLAND AND WETLAND .,,i_�,. ➢ -, SSSe tY I,�.;' n -" f, ' j; � ,,,1` 1e 1;1; I nq; i . ' � .1 _, �I e', „"� , •,': „ ' `-' 1�"ALT' •", r• �i't �::l:e �'� + �� 'ilVEGETATION. THE UPLAND WOODLAND CONSISTS OP OAN & •,1,h,41 Jn; r, se"Irk � �d). r, ;y; ✓ _ ial i f .;, ' 'e�:'4G kj ..!;'r f �- ','� , ": . ;' Y ' . ;_ ? e ".ii � r .,_.-,,,��,�4 rc; - PINE WITH AN AVERAGE DIAMETER OF 8". AERIAL PHOTOGRAPHY ,{i$. F-a�''r.; 'e , . .x - nA�e^ ;,,� ✓= 7 ^a 45 e . t, • , { - ia,�s. }n✓i evs gni i- fi, ;V, i e.., �,�- i, R 18 DIAMETER. THE WETLANDS ',( � �,� i.- -:e :. J ',e '�SI i rc .'. T✓2 �, ami ; I 4 -` y-1i:« tw r .�a -,.. �_,, _ "„�pi4'L ,,a 4. ARE PR MARILDYCPHRATE G ITES.OVER a„ 7 r. ��si VYp Mr a " NK iryi1,1V k"� �u.,.,, ' . .. 4d � - . ... � '1`.'r 7 �-i, � ,;';, ei�; 1Ta`�'�"T�'• ° � ..,k�e t`F -al'+�;; �h' �v„ u"`d . r.r I✓ - vJ � . 1 SOILS INFORMATION IS FROM SOIL SURVEY OF { 6 l ',r 3'V.4x.�,.._ _ t�f t e w A_ e r. .:1 +�✓ b':`� i L d! r r ,- '� „ja'Mn"d:; 9"IriF e ): . 7 Wit m" Gia I ^ e �� y .nl,., f ,, � ip+_+rir