HomeMy WebLinkAbout1000-13.-2-7.8TtII5 PROPOSAL I$ TO 5ET OFF A ACRE PARCiL'L FROM AN EXISTING
ACRE PARCEL LOCATED ON
IN SCTM# 1000-
Sent to County Planning Commission
Receipt of County Report
SET OFF
Complete application received
applicant advised of necessary revisioos
Revised submission received
Sketch plan approval -with conditions
Lead Agen~ Coordination
SEQRA deter mination
..
Sent to Fire Commissioner
Receipt of fireweH location
Notgication to applicant to include on final map
Review of SCPC report
Draft Covenants and Restrictions received
Draft Covenants and Restrictions reviewed
Filed Covenants and Restrictions received
Receipt of mylars and paper prints with
tIealth approval
Final Public Hearing
Approval of set off
-with conditions
Endorsement of set off
PLAN N 1N~,'7'BO'AR D
,,.~ .~ k.
TO..W.N O~ SOUTHOLD
S UFFO LK;':COU~TY
Southold. N.Y. 11971
(516) 765-1938
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD
Please complete, sign and return to the Office of the Planning
Board with your completed applications forms. If your answer
to any of the following questions is yes, please indicate
these on your guaranteed survey or submit other appropriate
evidence~
1. Are there any wetland grasses on this parcel?
(Attached is a list of the wetland grasses defined
by the Town Code, Chapter 97, for your reference)
Yes No V
2. Are there any other pr~ises under your. ownership
abutting ~h.is parcel~ Yes
No .I/
3. Are there any building permits pending on
this parcel?
Yes No~/
4. Are there any other applications pending 1~-19¢ttl~.~ l)£t~,of~t~C~'r
concerning this property before any other ~,~,rf ~o ~ ~.o
department or agency?(Town , State, County, etc.) Yes~/ No
5. Is there any application pending before
any other agency with regard to a different
project, on this parcel?
Yes~/ No
6. Was this property the subject of any prior
application to the Planning Board?
Yes ~ No
7. Does this property have a valid certificate
of occupancy, if yes please submit a copy of same
Yes
N o
I certify that the above statements are true and will be relied
on by the Planning Board in considering this application.
Signature of property owner or authorized agent dat~
Attachment to questionnaire for the Planning Board
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss:
On the // _day of ~~ ~9~, before me personally
came ~ -~, 7~C' to me known to be the
individual described in and who executed the foregoing instrument,
and acknowledged that ~ executed the same.
Notary ~ubli~
VIRGI~A D. MARKGRAF
NotauPublic, State of Ncw '~rk
No. 0~A5038886, Suflo!k County
Commi~ion Expires February
APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Toxvn of Southold:
Tbe undersigned applicant hereby applies for (tentative) (final) approvalolasubdivision plat in
accordance with Article 16 of the Town Law and the Rules ant[ Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. Tile applicant is the owner of record of the land under application. (If tile applicant i~ n'ot the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be ~;~.'17~'. O ~-
........
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed
' suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
folloxvs:
Liber ........................ Page ...................... On
Liber ... Page
........................................... On
Liber ......................... Page ......................... On
Liber ...................... Page ......... ' .....]... )... On ....................... :
as devised under tbe Last Will and Testament of
or as dis~ributee
6. All taxes which are liens on the land at the date hereof have been paid except ~ . ....
7. Tim land is encnmhered by ...~0.
mortgage (s) as follows: .........................................
(a) Mortgage recorded in Liber ............. Page .................. in original amount
of $ .............. unpaid amount $ ............... hchl hy ......................
.............. address
(h) Mortgage recorded in Liber ......... Page ....................... in original amount
of ' tin,aid anmnnt $...
....... · ................. held hv ..............
.............. address
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of .............. unpaid amount $ ...................... held by ......................
...................... address
8. There are no other encumbrances or liens against the land except ........................
9. The Iaud lies in the folloxv/ng zoning use districts . ~-.-. ~I~.O. ..................
i0.
No part of the land lies under water xvhether title water, stream, pond water or otberxvise,
I
cept ..................................................................................
I1. The applicant shall at his ~xpense install all required public improvements.
12. The land (~ (does not) lie ina \Vater District or Water Snpply District. Name of Dis-
trict, if within a District, is '~ ~
13. X, Vater mains will be laid hy
' and (a) (no) chal-ge ,,.ill be m~de for ihstMIing said maihs. "'
14. Electric lines and standards will be installed by - '
15.
16.
17.
18.
19.
..................................... and (a) (no) charge will be made for installing said
lines.
20.
21.
Gas mains will be installed by . .................. , .........................
and (a) (no) charge will be made for installing said mains.
If streets shown on the plat are claimed by the applicant to be existing imblic streets in the
Suffolk Couuty IIigbway system, anuex Schedule "B" hereto, to show same.
If streets shown on ~he plat are claimed by the apl)licant to be existing pnblic streets in the
Towu of South~ld l lighway system, anuex Schedule"C" hereto to show same. ,.
There are no cxi~-tin~' buildings or *,tructnrcs ()t~ tile land which arc not located aud sllown
on the plat. ___
divisiou nmps hcrett~?orc filed, there are no reserve strips at the cml of the streels ou said
cxistinL~ maps at thci~ conjunctions with thc l~ropt~scd streets. --
In the cmtrse ~l' thc:~c pr~)cccdings' the a[q~licant witl {dt',.:r prmd ~i title :is required by Scc. p£,~'[
.;.35 ~d tile l'~3.al Pr-petty Imw. '
Submit a copy ,)i l~rt~poscd deed for lots dtm'~'hl:4 all ~estricl,
Y4chedule "D". ' '
V
22. The applicant estimates that the cost of grading and required public improvements ~vill be
$ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the
Performance Bond be fixed at .............. years. Tile Performance Bond will be written by
a licensed surety company unless otherwise shoxvn on Schedule "F".
DATE. /I .':-,.,,,rs
(Name of Applicant)
(Signature aod Title)
(Address)
STATE OF NEW YORK, COUNTY OF ~'~
................................ , SS]
..... .~..qTe~O...~.. [~.,..~, r~.e~x.~ ....... to me known to be the individual described in and who
executed the fo[egoing instrument, and acknowledged that ... ~ ..... executed the
Commi~i~n Exp~r~ ~eorua~ ~,~'
STATE OF NEW YORK. COUNTY OF % ~ ~[kO ss:
-~'~'-~'~..~.,...~.~..~...r~...~:~.... . to me kuown, who being by me duly sworn did de-
pose and say that... ~ ,'... resides at No. ~.~5~,~ .... ~.~..~.-~ .Q.6.~).~..
.......................... ........ .............
the corporation described in and which executed the f.rcgoin.,~ instrumc.t; that ............ knows
thc s(,al .f said curp~ration; that tile seal affixed by order u(lhe hoard,d directors oisaid corporation.
:.:,1 :h:tt .......... signed .............. name thereto by like order.
VIRGINIA D. MARKCRAF
Comml~on ~ F~ruary 6, ~
1~-~-~ (2/87)--Text 12
~ t~ROJECT I.D. NUMBER
/
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
SEQR
1. APPLICANT/SPONSOR 2. PROJECT NAME
3. PROJECT LOCATION:
Municipality ~o~r~o~ County
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc,, or provide map)
S. IS PROROSED ACTION:
~New [] Expansion [] Modificalionlalteration
6. DESCRIBE PROJECT BRIEFLY:
~'.~ OFF 3 fl~ ~e.~,~t.f F~o~ t ? ~'~ ~
7. AMOUNT OF ~ND AFFECTED:
Initially ~ acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
~Yes [] No If No, describe briefly
9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial ~Agriculture [] Park/Forest/Open space [] Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes ~No If yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
[] Yes C~No
ICERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
App,,ca ,,spon o Date:
Signature:
If the action is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
DOES ACTION EXCEED ANY TYPE I THRESHOLD ~N 6 NYCRR, P~RT 61712? If yes, coordinale the rewew p¢ocess and use the FULL EAF
WILL ACTION RECEIVE COOROINATED R~ AS PROVIDED FOR UNLISTED ACT$ONS IN 6 NYC~PART 617.67 If No, a nega[ive declaration
may be superseded by ano$her involved agency.
C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if ~egib[e)
C1. Existing &~r quality, surface or groundwaler quality Or quanbty, noise levels, existing traffic patterns, solid waste production or disposal,
potential lot erosion, drainage or flooding problems? Explain briefly:
C5. G*owth, subsequent development, or related activities likely to be inquced by the proposed action? Explain briefly.
C6. Long term, sbor~ term, cumulative, or other eflects not identified in C1-C57 Explain briefly.
C7. Other impacts (including changes in use of either duanbty or type of energy ? Explain briefly.
D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
I-~ Yes [] NO If Yes, explain brJefly
PART III--DETERMINATION.OF SIGNIF_!CANCE (To be completed by Agency)
INSTRUCTIONS: For e~ch adverse effect identified above, determine whether it is substantial, large, important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
[] Check this box if you have identified one or more potentiallY/ large or significant adverse impacts which MAY
occur. ¥~en proceed directly to the FULL EAF and/or prepare a positive declaration.
~ Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the'reasons supporting this determination:
The Town of Southold's Code of Ethics prohibits conflicts of
interest on tile part of towt~ officers and employ_ees. The
p_q_rpose of this form is to provide information which can
alert tile town of possib£e col~fl~cts of interest a~ld a_l._lo~
(l.a~t name, £Lust ,lame. midol . in~t[a'i, un-i.sg'--
App$oval of plat
NO ~
provided.
MAKE CHECKS TO AND MAIL PAYMENTS TO: MARILYN QUINTANA, RECEIVER OF TAXES, MAIN ROAD BOX
e SOUTHOLD, NY 11971-0499 e 53095 1409
355
BILL NO
PAGE NO
ROLL SECTION
ACCT. NO
TAX SAVINGS DUE TO STAR:
TOTAL TAX DUE:
TRUSTEe
1~39
O1 OF C1
1
O1
473C89 13.-2-7.q
29525 HAI~; RD
ACRES- 17.54
477 - CYSTE~ PONDS
ELD CROPS
SCUIHOLO
200Q-20C_1 TAX WARRANT
TAX~S PAID BY CHECK
AH~ SUBJECT TO COLLECTION
SCHOCL
0.00
7,214.99
SUFFOLK CCU~TY TAX
~YS REAL PuO? TAXLAW
SCUTHOLO TDW;~ TAX
~YSTER PONOS SCHOOL
OYSTER PONDS LIBRARY
ORIENT FIRE DIST
ORIENT-E ~ARtC'J PK D
ORIENT MOS2 OIgl
WASTE ~ATY~ UISTRICT
STHLD SOL i~STf gIST
13,600
13,600
13,hO0
lB,bO0
13,600
13,600
13,600
13~600
13,600
13~600
DUE 01/10/Z03] 0F/St/ZO01
· DETACH BELOW AND RETURN WITH FIRST HALF PAYMENT ·
16.470
7.4~4
154.~72
252.104
21.11~
57.331
I.Bgo
~.175
.157
10.914
223.99
131.78
2,104.2o
3,42C.61
2d7.g?
77~.70
2~.70
111.18
2.14
-3.2
54.3
12.3
~.9
1.6
-3.6
0.0
0.0
-I0.4
13600SCHOoL:COUNTY: 261,41C,391 PARTY,~
I~.~v_,ll~ll TOWN: ~ 74 r 43 ~ 1 ,..~
454~49
· DETACH BELOW AND RETURNWITH SECOND HALF PAYMENT ·
PAID BY: [] ASSESSED [] OTHER
C? I ':NT !,Y
Tn U S T :: ~
TOTAL TAX 7, Z 14 · ? ~ BILL NO. 0 :] ! ~, 3 :;
2ND HALF
PENALTY
L TAX MAP NO. I
',,7: / ; 13.-2-7. }
MARILYN B. QUINTANA
TAX RECEIVER
TOWN OF SOUTHOLD
COUNTER PAYMENT RECEIPT
'CONSOLIDATED TAX LEVY 2000/2001
730870
11:2~
BILL NUMBER: 001839
SWIg: 473889 TAX MAP NUMBER: 13.-2--7.8
OWNER'S NAME: ZIMMER FRANK B AS TRUSTEE LOCATION: 29525 MAIN RD
1ST HALF TAX
36¢7.49
2ND HALF TAX
3607.50
PENALTY
TOTAL TAX
7214.99
TOTAL PAYMENTS
3607.49
**** PAYMENT ****
PAYOR DESC DATE
OWNER 1ST HALF 01/05/01
PAYM]
TAXES PAID PENALTY PAID BATCH METH(
3,607.49 0.00 195 CK
RECEIVED
11923P[149 $-. o .........
Number of pages c--/ RF=/,L E:'3 d"."f:':
CLE~h: OF
TORRENS OCT 1 6 1998
J. SUFFOLt~ COUh'I'y
Deed ! Mortgage Insu~ment Deed / Mor~ase Tax Stamp Recording / Filing Stumps
4 [ FEF_.~
Page / Filing Fee //"~-- Mortgage Amt.
Handling ,,~ . ~ I. Basic Tax
TP-584 ~ . ~
Notation . ~ Sub Total
EA-5217 (County) ~ . Sub Total ~_ t-] Spee./Assit
EA-5217 (Stalc) ~-' ~ or
Spec./Add.
· Dual Town __ Dual County __
Comm. of Ed. 5 . 00 _~ Held for Apportionment __
Affidavit ' Transfer Tax
'~ ~ Mansion Tax .
Certified Copy~ The property covered by this mortgage is or
wi{{ be improved by a one or two family
Rcg. Copy ./_.~_~ dwelling only.
Sub Total YES or NO __
Other ~. GRAND TOTAL '~'='~-' if NO, see appropriate tax clause on page #
· of this insirument.
~ Real Property Tax Service Agency Yerlflcaflon 6 Title Company lnforsrmlion
~ "J" Dist. Section Block I Lot
~d lOG 0 01%.09 0 ~.-.0 0 0 0'7.00~ Company Name
KENNETH J. MOLLOY, ESQ.w t..___S~F Cash _ Check Charge __
74 CARLETON AVENUE ~[ Paycr same as R & R
EAST ISLIP, NY 11730 ii NAME (or if different)
% --IAuDR:Ess:
RECORD & RETURN TO
7(ADDRESS)
9Suffolk County Recording & Endorsement Page
This page forms pa~ of ~he at~ached ~ ~-~"~ made by:
~,.o ^ k. ~:). C~; r~ ~'- e-,'-~ The premises hcr~in is situated in
S. UFFOLK COUNTY, NEW YORK.
TO In mc Towmhip of ~ S k; ~'~
~-~ .',. ,,,-o-k-'~_, L.' In thc VILLAGE
or HAMLET of
BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONI.Y PRIOR TO RECORDING OR FLUNG.
Dist, 1000
Sect. 013.00
Block 02.00
Lot 007.001
THIS INDENTURE, made the ~ t*
BETWEEN
FRANK B. ZIMMER
Residing at: 34 Admirals Drive,
dayof March ,19 98
East, Bay Shore, NY
party ofthefirstpad, and
FRANK B. ZI~9~RasTRE~TEE OFTHE
TODD BUCHANAN MEMORIAL TRUST
located at: 34 Admirals Drive, East, Bay Shore,
party of the second part.
WlTNESSETH, that the party of the first part. in consideration of
t~-I'~ dollars
paid by the party pi the Second part. does hereby grant and release unlo the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot. piece or parcel of land. with the buildings and improvements thereon erected, situate.
lying and being in the
SEE A'FI'ACHED
SCHEDULE A
TOGETHER with all right, title and interest, if any. of the party of the tirst 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 pi 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 aloresaid.
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 pi 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" whenever the sense of this indenture so recluires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.
IN PRESENCE OF:
All that certain plot. piece or parcel o! land. with the buildings end improvements thereon erected, situate, lying end
b+ning in ~ Orient~ Towt3 of Southold, County of S~folk ~ S~te of ~ York,
~ descri~ as foll~s{ B~I~I~ at a ~int on ~e ~rly ~ide of ~in (S~te)
~d at ~ s~st ~r~r of ~ ~rein descri~ pr~ses w~re ~ s~ is inter-
s~t~ by ~e ~sterly si~ of la~ ~ or fo~rly of H. ~est Jr.~ R~I~
fr~ said ~int of ~i~ing al~ ~e ~rly si~ of ~in R~d ~sterly al~
~rc of a ~e ~i~ to t~ left ~vi~ a radius of 1670.28 ft. a dis~ of 181.22'
~o la~ ~ or fo~rly of L. ~rest; R~I~ ~ alo~ ~id 1~ ~e foll~i~
~ ~rses ~ dis~s: (1) ~rth 9~00' ~st 206.19 ft.;(2) ~ 81~00' ~st 163.70'
ito la~ ~ or fo~rly of Kyrk~s~ R~I~ ~ alo~ said 1~ ~ al~ la~
~ or fo~rly of R~se ~e foll~ipg ~ ~ses ~ dfs~s~ [1) ~r~ 15"06'40"
~st 578.83'; (2) ~r~ 10"21'10" ~st 836.16' to ~ ~r~ly side of a 25 ft. right
of ~y; R~I~ ~ alo~ ~ ~rly si~ of said 25 ft. right of way ~e foll~-
i~ t~ ~ses ~ alison,s: (1) ~ 73"01'10" ~st 50.95'; (2) ~r~ 77"27'30" E.
280' to ~ easterly t~nus of ~id 25 ft. right of ~y; R~I~ ~ alo~ t~
easterly te~nus of ~fd 25' right of ~y ~uth 8"32'40" ~st 25.06' to ~e ~t~rly
side of said 25' right of ~y; R~II[~ ~ alo~ t~ s~erly si~ of said 25' right
of ~y ~uth 77"27'20" ~st 304.87' to 1~ ~ or fo~rly of ~3rest; R~I~
~1o~ said la~ the foll~i~ ~ ~r~s a~ dis~nces~ (1) ~u~ 10"21'~0" E.85.06';
{2) ~rth 77"27'20" E. 454.79' to 1~ ~ or fo~rly of ~it~ Inves~t Co.;
R~i~ T~e al~ ~id 1~ ~uth 15"34'50" E. 1393.79' tola~ ~ or fo~rly
~rest Jr.; R~I~ ~E alo~ ~id 1~ ~e foll~i~ ~ ~ses a.~
~) ~uth 77"34'40" W. 164'; 2) S. 36"05'20" W. 77.13'; 3) S.9"02'10" E. 127' to the
~r~erly side of ~in ~. at t~ ~int or pla~ of B~I~I~.
~ ~ ~ S~ ~: ~ght of ~y in Liar 274 ~ 149~ ~ght of Way in Liar
5346 ~ 124~ Right of ~y in Liar 5362 ~ 82; LI~ ~nt in Liar 5374 ~ 355;
~s~t of ~ght of ~y of even ~ int~ to ~ r~rd~ s~l~sly her~i~.
BEING AND INTENDED to be the same premises conveyed to the parties of the
first part by deed dated June 20, 1985 and recorded in the Office of the
Clerk of Suffolk County on July 8, 1985, in Liber 9825, cp 500.
STATE OF NEW YORK, COUNTY OF-<-<-<-<-<-<-<-<-<-~'~'uv'4<'
On the (~ t~ day of /",/R~c-,H 19 ~U~ , before me
personally came
;/ ,a,/ /3.
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged
that ~ executed the same.
: SutlO~k CoU Y
Quai~fEd m ..... ~ 5, 19)-.~
commission ~)~o.~' "
STATE OF NEW YORK, COUNTY OF is:
On the day of 19 . before me
personally came
to me known, who, being by me duly sworn, did delx)ae and
say that he resides at
that he is the
of
, the corlx)ration described
in and which executed the foregoing instrument; that he
know~ the seal of said corporation; that the seal affixed to said
instrument Is such corporate seal; that it was so affixed by
order of the board of dlrectora of said corporation, and
that he signed h name thereto by like order.
STATE OF NEW yORK, COUNTY OF ss:
On the day of 19 , before me
personally came
to me known to be the individual described in and who
executed the foregoing instrument, end acknowledged
that executed the same.
STATE OF NEW YORK, COUNTY OF
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who. being by me duly
sworn, did depose and say that he resides at
; that he knows
to be'the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, wes present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto·
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTOR'$ ACTS
Title No.
TO
Zimmer
Todd Buchanan Hemorial Trust
SAFE HARBOR TITLE
AGENCY LTD.
Port Jefferson, NY 11777
Phone: (516) 473.0800
Faro. (516) 473.7685
~CTION 013.O0
BLOCK O2.OO
LOT 007.001
COUNTYORIOWN Southold
~REETA~RE~ Hain Rd.
/ Orient, NY
Recorded et the request of
SAFE HARBOR TITLE AGENCY, LTD
RETURN BY MAIL TO
Kenneth J. Molloy
Attorney at Law
74 carleton Avenue
East Islip, NY 11730
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 08/22/06
* * * RECEIPT * * *
Receipt~: 1019
Transaction(s):
1 1
Park & Playground
Reference Subtotal
13-2-7.8 $5,000.00
Check~: 1019
Total Paid: $5,000.00
Name:
Clerk ID:
Zimmer, Frank & Virginia
Po Box 355
29525 Main Rd
Orient, NY 11957
LINDAC
InternallD: 13-2-7,8
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
IVL~RTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hell Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To:
From:
Date:
Re:
Elizabeth Neville, Town Clerk
Planning Department
August 22, 2006
Checks
Enclosed herewith are three checks listed below, Please return a receipt(s) to
US.
Thank you.
Project Name & Type Tax Map # Amount bate of
Check
Zimmer Set-off P&P fee 13-2-7.8 $5,000 8/1/06
Savits 5ubdiv. App fee 68-4-16.1 $100 7/19/06
Srokaw 5ubdiv. App fee 13-7-1.1 $1,000 7/8/06
LR
encs.
Date: 08/17/01
Transaction(s):
1 Application Fees
Check#: 1687
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Receipt~:
Total Paid:
1687
Subtotal
$250.00
Name:
Clerk ID:
Zimmer, Frank
Po Box 355
Orient, NY 11957
JOYCEW
Soutflold Town
Planning Board
Internal ID: 38906
PLANNING BOARD MEMBERS
JERILYIq B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
September 21, 2007
Kenneth J. Molloy, Esq.
74 Carleton Avenue
East Islip, NY 11 '730
Re:
Proposed Standard Subdivision for the Property of Todd Buchanan Memorial
Trust/Zimmer
SCTM#1000-13-2-7.8 Zoning District: A-C
Dear Mr. Molloy:
The Planning Department is in the process of updating our files with respect to the active
subdivision applications being processed by the Planning Board. According to our records, the
above-referenced subdivision application has not yet been completed and it is our
understanding there is a new property owner. Please advise as to whether or not there is any
intention to complete the subdivision at this time.
Please contact this office to if you have any questions regarding the above.
Senior Planner
ATTORNEY AT LAW
TEL: (631) 277-7100
74 CARLETON AVENUE
EaST ISIIP, NEW YORK 11730
FAX:(631)277-7145
August 28, 2006
Town of Southold-Planning Board Office
Attentiou: Anthony P. Trezza- Senior Planner
P.O. Box 1179
Southold, NY 11971
Re: Sat-Off for Todd Buchanan Memorial Trust/zimmer
SCTM # 1000-13-2-7.8
Dear Mr. Trezza:
With reference to the above captioned matter, my client,
Frank Zimmer, assures me that he discussed the enclosed
correspondence with you, in detail, on August 24, 2006.
My clients are requesting an additional three (3) to six (6)
months extension of time to complete the necessary requirements to
complete the set-off.
Thank you for your anticipated courtesy and cooperation. If
you should require any additional information, please feel free to
contact me at my office.
KJM/khl
Enc.
cc: Mr.
& Mrs. Zimmer
Ver, y truly yours,
Soot*hold Town
Planni~ Board
'~ 4ING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State l~oute 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
August 15, 2006
Kenneth J. Molloy, Esq.
74 Cadeton Avenue
East Islip, NY 11730
Re: Set-Off for Todd Buchanan Memorial Trust/Zimmer
SCTM#1'000~-13_2_7.8
Dear Mr. Molloy:
The Planning Board is in receipt of Your letter dated August 2, 2006 requesting
that the Planning Board assist with the completion of this application. The
following additional information is required to complete this project:
1. Submission of a letter requesting an extension of time for conditional final
approval, which expired in 2001.
2. Submission of five (5) mylars and eight (8) paper prints of the final map
each containing the Health Department stamp of approval.
3. The installation of the fire well as required by the Orient Fire District or
submission of a new determination indicating that the fire well is not
needed.
Upon submission of the aforementioned items, the Planning Board will issue final
approval and the Chairperson will endorse the maps.
If you have any questions or need additional information, please feel free to
contact this office.
Senior Planner
PLANNING BOARD MEMBE~
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN II. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
August 15, 2006
Kenneth J. Molloy, Esq.
74 Carleton Avenue
East Isiip, NY 11730
Re: Set-Off for Todd Buchanan Memorial Trust/Zimmer
SCTM#1000-13-2-7.8
Dear Mr. Molloy:
The Planning Board is in receipt of your letter dated August 2, 2006 requesting
that the Planning Board assist with the completion of this application. The
following additional information is required to complete this project:
1. Submission of a letter requesting an extension of time for conditional final
approval, which expired in 2001.
2. Submission of five (5) mylars and eight (8) paper prints of the final map
each containing the Health Department stamp of approval.
3. The installation of the fire well as required by the Orient Fire Distdct or
submission of a new determination indicating that the fire well is not
needed.
Upon submission of the aforementioned items, the Planning Board will issue final
approval and the Chairperson will endorse the maps.
If you have any questions or need additional information, please feel free to
contact this office.
Senior Planner
ATTORNEY AT LAW
TEL: (631)277-7100
74 CARLETON AVENUE
EAST ISIIP, NEW YOrK 11730
FAX: (631) 277-7145
Town of Southold-Planning Board Office
Town Hall Annex
Attention: Jerilyn B. Woodhouse
54375 State Road 25
Augus~ '~, 2006
--
Southold, NY 11971
RE: Set-Off for Todd Buchanan
Trustee SCTM 1000-13~.8
Dea~ Ns. ~ooO~ouse:
Enclosed please find a check in the amount of Five Thousand
($5,000.00) Dollars, pertaining to the Park & Playground fee and terms
of the set-off property located in Orient, New York.
Good news, the Zimmers' sold a parcel of property. They closed on
Monday, July 31.
On a more somber note, Mr. Zimmer is fighting a serous blood
disorder for months without any encouraging improvement.
The Zimmers' are determined to complete this set-off and look
forward to your courtesy and cooperation in assisting them with this
occurrence.
If you should require any additional information, please feel
free to contact me at my office.
Very~ruly yours,
' KENNETH J~ MOLLOY~' ES~./~
KJM/khl
Eric.
ATTORNEY AT LAW
TEL: (631) 277-7100
74 CARLETON AVENUE
EAST ISL[P, NEW YOrK 11730
Fax: (631)277-7145
February 15, 2006
Town of Southold-Planning Board Office
P.O. Box 1179
Southold, NY 11971
Attention: Jerilyn B. Woodhouse
~E: Propose Set-Off for Todd Buchanan Memorial Trust/Z~---er
tz~astee SCTM # 1000-13-02-7,8 (Dat~ ~tter 9~ August, 2005)
Dear Ms. Woodhouse:
In my letter to you dated, January 27, 2006, I inadvertently
omitted a copy of the Covenants and Restrictions.
I enclose herewith a copy of same.
Thank you for your courtesy and cooperation in this matter.
If you should have any questions or require anything additional,
please feel free to contact me.
Very truly yours,
K~LOY,~
KJM/pd
Encls.
ISTRICT
000
ECTION
13.00
LOCK
2.00
OT
07.008p/
DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made the~day of---~'~~$u3~ , 2001
BETWEEN FRANK B. ZIMMER, AS TRUSTEE OF THE TODD BUCHANAN
MEMORIAL TRUST, residing at 34 Admirals Drive, Bayshore, NY
11706, PARTY OF THE FIRST PART,
AND the COUNTY OF SUFFOLK, a municipal corporation of the
State of New York, having its principal office at the Suffolk'
County Center, Center Drive, Riverhead, New York 11901, PARTY'"
OF THE SECOND PART;
WITMESSETH, that the PARTY OF THE FIRST PART, in
consideration of TWO HUNDRED TWENTY TWO THOUSAND, 00/100 DOLLARS
($222,000.00) and other good and valuable consideration paid by
the PARTY OF THE SECOND PART, DOES HEREBY GRANT AND RELEASE unto
the PARTY OF THE SECOND PART, its successors and assigns of the
PARTY OF THE SECOND PART forever, THE DEVELOPMENT RIGHTS, by
which is meant the pe[manent legal interest and right, as
authorized by §~47 of the New York State General Municipal Law,
as amended, and Local Law 16-1981 of the County of Suffolk, as
amended, to per,it, require or restrict the use of the premises
exclusively for.agricultural production as that term is defined
in Local Law 16~1981 of the County of Suffolk, as amended, and
the right to preserve open space as that te~m is defined in §247
of the New York State General Municipal Law, as amended, and the
right to prohibit or restrict the. use of the premises for any
purpose other than agricultural production, to the property
described as follows: ~
ALL, that piece or p~rcel of land, situated in the Town of
Southold, County of' Suffolk, and State of New York, more
particularly bounded and described as follows: (see description
annexed hereto and made a part hereof):
TOGETHER with a non-eclusive easement to and from that
portion of this parcel upon which the development rights are
herein being conveyed, Tax Map No. 1000-013.00-02.00-p/o
007.008, over the Right-Of-Way in retair~ed parcel A, as shown on
survey map of property reputedly of the ~Todd Buchanan Memorial
Trust" by Young & Young, land surveyors, as of August 28, 2001,
to Main Rd., also known as NYS Route 25, being more particularly
described in Schedule 'A' attached hereto.
BEING AND INTENDED to be part of the same premises
described in the.deed to the parties of the first part herein by
deed from Frank B. Zimmer, dated March 6, 1998 and recorded
October 16, 1998 in Liber 11923 page 149. Said premises are
known and designated as District 1000, Section 013.00, Block
02.00, Lot 007.008.
TO HAlrE AND TO HOLD the said DEVELOPMENT RIGHTS in tile
premises herein granted unto the PARTY OF THE SECOND PART, its
successors and assigns, 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
agrees for the PARTY OF THE FIRST PART, and the heirs, legal
representatives, successors and assigns of the PARTY OF THE
FIRST PART, to use of the premises on and after the date of this
instrument solely for the purpose o~ agricultural production.
THE develop~en~ rights conveyed herein are subject to the
further terms an~ Drovisions as set forth in a certain contract
'i'~ ~ ated Jul 19 2001 as the
THE PARTY OF THE FIRST PART, its heirs, assigns and/or
patty or parties in lawful possession of the premises subject to
this deed of development rights, pursuant to lease, license, or
other arrangement, covenants and agrees that it will not remove
any soil from the premises described herein.
?HE party of the first part, its heirs, assigns and/or
party or parties in lawful possession of the premises subject to..
this deed of development rights, pursuant to lease, license, or
other arrangement, covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the
premises, nor allow others to do so; (b) comply with all
Environmental Laws; (c) allow PARTY OF THE SECOND PART and its
agents reasonable access to the premises for the purposes of
ascertaining site conditions and for inspection of the premises
for compliance with this agreement. This covenant shall run
w~th the land in perpetuity.
THE following covenants shall run with the land in
perpetuity and shall be deemed applicable, only if federal'[unds
are in fact received by the PARTY OF THE SECOND PART for the
premises:
The following l~nguage is inserted pursuant to the
Agreement (N.Y.S. Contract No. C800500, C/A Ref. No. MNSRV ~01-
PL-003), dated~ August 15, 2000, between New York State
Departmen't of Agriculture and Markets, having its principal
place of businesS at 1 Winners Circle, Albany, N.Y. and PARTY OF
THE SECOND PAR~, as Contractor, acting through its ~uly
constituted DEPARTMENT OF PLANNING, located at 100 Veterans
Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788; and
is applicable only for that portion of funds received pursuant
to Appendix "E" and Appendix "F" thereof, pursuant to a
Cooperative Agreement between the United States of America
Commodity Credit Corpqration and the N.Y.S. Department of
Agriculture and Markets for the Farmland Protection Program:
(i) Contingent Right in the United States of America:
In the even~ that the PkRTY OF THE SECOND PART
fails to enforce any of .the terms of this
easement (or other interests in land), as
determined in the sole discretion of the
Secretary of the United States Department of
Agriculture, the said Secretary of Agriculture
and his or her successors and assigns shall have
the right to enforce the terms of the easement
through any and all authorities available under
Federal or State law.
In the event that the PARTY OF THE SECOND PART
attempts to terminate, transfer, or otherwise
divest itself o~ any rights, title, or interests
of this easement (or other interests in land)
without the prior consent of the Secretary of
the United States Department of Agriculture and
payment of consideration to the United States,
then, at the option of such Secretary, all
right, title, and interest in this easement (or
other interests in land) shall beqome vested in
the UNITED STATES OF AMERICA, by and through the
United States Department of Agriculture, its
successors and assigns.
(ii)
Unless otherwise agreed to by the PARTY OF THE
SECOND PART,~United States of America Commodity
Credit Corporation and the N.Y.S. Department of
and Markets shall hold title to any
iii~onservation easement or interest in ].and.
However, title may be held by the UNITED STATES
the request of the Secretary of Agriculture
!upon mutual agreement of the PARTY OF THE SECOND
PART, United States of America Commodity Credit
Corporation and the N.Y.S. Department of
Agriculture and Markets.
(iii)
PARTY OF THE FIRST PART covenants to manage the
property in accordance with a conservation plan
that is developed utilizing the standards and
specifications of the NRCS field office
technical guide and is approved by the
Conservation District
THE following covenants shall run with the land in
perpetuity and shall be deemed applicable, only if New York
State funds are in fact received by the PARTY OF THE SECOND PART
for the premises:
The following language is inserted pursuant to the
Agreement (N.Y.S. Contract No. C800001, C/A Ref. No. PSNSRV #01-
PL-004), dated August 15, 2000, between New York S~ate
Department of Agriculture and Markest, having a principal place
of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE
SECOND PART, acting through its duly constituted DEPARTMENT OF
PLANNING, located at 100 Veterans Memorial Highway, P.O. Box
6100, Hauppauge] New York 11788; and/or pursuant to the
Agreement '(N.Y.S. Contract No. C800500, C/A Ref. No. MNSRV #01-
PL-003), dated ~ugust 15, 2000, between New York State
Department of Agz!iculture and Markets, having a principal place
of business at 1 Winners Circle, Albany, N.Y. and PARTY OF ~HE
SECOND PART, acting through its duly constituted DEPARTMENT OF
PLANNING, located at 100 Veterans Memorial Highway, P.O. Box
6100, Hauppauge, New York 11788:
(i)
Ail amendmen~ts to this A ~
greement/Easement, after
the DEVELOPMENT RIGHTS have been acquired by the
PARTY OF THE .'SECOND PART ~hall be authorized by
the N.Y.S. Department o~ Agriculture and
Markets.
THE PARTY OF THE FIRST PART, its heirs, assigns and/or
party or parties in lawful possession of the premises subject to
this deed of development rights, pursuant to ].ease, license, or
other arrangement, covenants and agrees that it shall defend,
indemnify and hold PARTY OF THE SECOND PART and any of its
officers, agents, employees, and, their respective successors
and assigns, harmless from and against any and all damages,
claims, losses, liabilities and expenses, including, without
limitation, responsibility for legal, consulting, engineering
and other costs and expenses which may arise out of (1) any
~naccuracy or misrepresentation in any representation or
warranty made by PARTY OF THE FIRST PART in this agreement; (2)
the breach or non-performance of any covenants required by this
agreement to be performed by the PARTY OF THE FIRST PART, either
~rlor to or subsequent to the closing of title herein; or (3)
any action, suit, claim, or proceeding seeking money damages,
· n]unctive relief, remedial action, or other remedy ~y reason of
a v~olatlon or non-compliance with any environmental law; or the
disposal, discharge or release of solid wastes, pollutants or
hazardous substances; or exposure to any chemical substances,
noises or vibrations to the exten~ they arise from the
ownership, operation, and/or condition of the premises prior to
or subsequent to the execution of the deed of development
rights. This covenant the land in perpetuity.
WORD "PAR~Y" shall be construed as if it read "parties"
the sense of this indenture so requires.
WITNESS WHEREOF, t~e PARTY OF THE FIRST PART has
executed this deed the day and year first above written.
duly
lln Presence of:
FPJkNK B. ZIMMER
AS trustee of the Todd Buchanan Memorial Trust
STATE OF NEW YORK)
~
com~ oF~W- )
On this .~]~ day of ~-~ in th~ year 20~, before
me, the undersigned, personally appeared ~-~a~ ,
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.
RECORD & RETURN TO:
ChriStopher Wrede
Division o[ Real Estate
Department o~ Planning
H. Lee Dennison Bldg., 2''~ Floor
.P.O. Box 6100
Haummau~e. New York ]]788
ADVANTAGE
PAGE
84
.ADVANTAGE TITLE AGENCY, 'INC.
~Titl~1~. 01~AS-22459 (0108-0156-002177)
~ (continued)
seconds West through land of thc path/of thc first part
y and thc point or place of BEGINNING.
t for ingress and egress over the following parcel of land:
[ ' .
yallg and being at Orient, Town of So~thold,
bounded and described as follows:
('N.Y.S, Route 25); distant t~e following
side of Main Road fi.om the comer formed by
x, Main Road:
1. North 64 East, 236.00 feet;
2. N°rth76degrces43mlnutes21secondsEast, 146.44fe~,tothepointorplac¢ofbeginning;
RUNNING THENCE North 23 degrees 06 minutes 09 -~econds West, 206.19 feet;
TttL~CE South. 66 degrees 53 minutes 51 seconds West, 163.70 feet;
THENCE North 29 degrees 12 minutes 49 seconds West, 154.04 feet;
THENCE North 60 degrees 47 minutes I 1 seconds East, 25.00 feet;
THENCE South 29 degrees 12 minutes 49 seconds East, 131.57 feet;
THENCE North 66 degrees 53 minutes'51 seconds East, 166.23 feet;
T '
HENCE South 23 degrees 06 minutes 09 seconds East, 234.86 feet, to a ointo . ·
of Main Road; I p n the Noctherly side
\
THENCE Southwesterly, along the Northerly side of Main Road, along the arc of a curve bearing
to the left having a radius of 1670.28 and an arc length of 25.28 feet, to the point or place of
BEGINNINO.
FOR
CONVEYANCiNG
ONLY
The policy to bm IsSued wilder this report v~lll Inmure the title to such bullcllngs and
Improvements erected on ?he premise, whl;h by law =onm~t~ mai prope~.
TOGETHER ~ ~11 ~e Hgh~ fine and In~t of the m Of
tO ~ land lying In ~ ~ In front =f and adlo'-'- p ~- ~=~m~ pa~ or, In and
.
Advantage Title
ADVANTAGE TITLE AGENCY, INC.
Title No. 01-AS-22459 (0108-0156-002177)
S-C H E .1) U L E A
Amended as of August 28, 2001 .
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk and State of New York, bounded ~nd described as follows:
BEGINNING at a point on the Easterly side of a certain Right of Way said point being situate the
following six (6) courses and distances from the intersection of the Easterly side of Heath Drive and
the Northerly side of Main Road (N.Y.S. Route 25);
1. North 64 degrees 28 minutes 31 seconds East along the Northerly side of Main Road (N.Y.S.
Rome 25) 236.00 feet;
2. North 76 degrees 43 minutes 21 seconds East still along the Northerly side of Main Road
(N.Y.S. Route 25) 146.44 feet;
3. On a curve to the fight having a radius of 1670.28 feet still along the Northerly side of Main
Road (N.Y.S. Route 25) 25.28 feet;
4, North 23 degrees 06 minutes 09 seconds West along s~id Right of Way 234.86 feet;
5. South 66 degrees 53 minutes 51 seconds West still along said Right of Way 166.23 feet;
6. North 29 degrees 12 minutes 49 seconds West still along said Right of Way 101.57 feet;
THENCE from said point of beginning along the Easterly side of said Right of Way the following
two (2) courses and distances:
1. North. 29 degrees 12 minutes 49 seconds West 453.75 feet;
2. North 24 degrees 27 minutes 19 seconds West 556.19 feet to a point;
THENCE North, 63 degrees 21 minutes 11 seconds East through land of the party of the first part
470.61 feet to land now or formerly Francis X. Claps;
THENCE South 29 degrees ,40 minutes 59 seconds East along land now or formerly Francis X. Claps
and along land noW or formerly Sandra Pawson Sinclair 1048.20 feet to a point;
- continued ~
FOR
CONVEYANCING
ONLY
The pOIIOy to be ieeued under this, report will insure the tiffs to much buildings end
Improvemente erected on th.e premiaoa which by law con~sflttlte real property.
TOGETHER with ell'the right, title and fntemat of the pa~y of the first pert, of, in and
to the land lying II1 the qtreet in front of end adjoining amid premleea.
· ldvantage Title
ATTORNEY AT LAW
TEL: {6311277-7100
74 CARLETON AVENUE
EAST ISLIP, NEW YORK ]1730
fax: {6311277-7145
Town of Southold-Planning Board Office
Town Hall Annex
54375 State Route 25
Southold, NY 11971
Attention: Jerilyn B. Woodhouse
RE: Propose Set-Off for Todd Buchanan
trustee SCTM % 1000-13-0-7,8 (Dated Lett~X 9~h August, 2005)
Dear Ms. Woodhouse:
On behalf of the Zimmers, I would like to take this
opportunity as a close friend and not as a legal
participant to formally request a six (6) month extension
with regards to the conditions set forth in your letter of
August 9, 2005.
The Zimmers are both in their late seventies and have
limited income and funds available. They are dependent on
the sale of another property that is currently on the
market and has been listed for the past six (6) months. At
one point, they thought they had it sold but the sale never
materialized.
After spending thousands of dollars to get to this
point, they definitely want to pursue this two (2) lot sub-
division. They are fully aware of the expenditures facing
them to accomplish this sub-division. In the event they
are unable to sell the other property within the next six
(6) months, the Zimmers will look for an alternative to
raise the necessary funds to complete this transaction.
The estimate cost is significant as follows:
A)
B)
C)
$5,000.00 Park & Playground fee
$12,000.00 0~ient Fire Department -Fire Wall
$5,000.00 approved well for health department
In addition, enclosed please find a copy recorded of
covenants and restrictions as one of the conditions.
I, along with the Zimmers, extend our deep
appreciation for your cooperation and consideration of this
subject matter. Please contact me if I can be of any
further assistance to you regarding this important request.
Very truly yours,
KJM/khl
Submission l~ithout a Cover Letter
SCTM#: 1000 - I .~ - -L--7,o~
Date:
DECLARATION OF COVENANTS & RESTRICTIONS
THIS DECLARATION is made this j~, day of ~ orr. ,2005 by FRANK B. ZIMMER (trustee)
of TODD BUCHANAN MEMORIAL TRUST, hereinafter refen'ed to as the DECLARANT:
Wimesseth:
WHEREAS, the DECLARANT is the owner of ~ red propefqr situate on the North side of Main State
Road 25. Town of Southold, Suffolk County, New York, more particularly bounded and described in
survey attached hereto (hereinafter referred to as the Property); and is
Located on the north side of State Route 25, 382.4~' east of Heath Drive, Oriant
SCTM # 1000-13-2-7.8 Zoning District: R-80
WHEREAS, the DECLARANT has made an application for and have received conditional approval from
the Planning Board of the Town of Southold to subdivide said property into two (2) lots, as shown on the
Subdivision Map of 1000-13-2-7.8 prepared by Young & Young Land Surveyor, last dated 4/20/05 which
map will be filed herewith in the Office of the Suffolk County Clerk; and
WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of
Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective
owners of said lots that the within Covenants and Restrictions be imposed on said Lot No. 2 and as a
condition of said approval, said Planing Board has required that the within Declaration be recorded in the
Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have
determined that the same will be for the best interests of the DECLARANT and subsequent owners of said
parcel;
Now, therefore, this Declaration Wimesseth:
That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make
known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be
subject to the following covenants and restrictions as hearein cited, which shall nm with the land and shall
be binding upon all purchasers, lot owners end holders of said Property, their heirs, executors,
administrators, legal representafves, dlstributees, successors end assigns, to wit:
Declaration of Covenants & Restrictions, Page 3
IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing
instrument the day and year first written above.
~or:
By:
TODD BUCHANAN MEMORIAL TRUST
FRANK B. ZIMMER (Trustee)
l~ank B. Z~unmer (Trustee)
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this i2'',~ day of ~ in the year 2005 before me, the undersigned, personally
appeared ~ c,,,.~e-'~ ,--'~ ~ ~^ w-~' , 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/t,heir signature(s) on the insmunent, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instnlment.
Oua~olk County
No. 01SC472508~, _ _
Term Expires May 31, ~
PLANNING BOARD MEMB
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
August9,2005
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
Re~
Proposed Subdivision for Todd Buchanan Memorial Trust/Zimmer
Located on the north side of State Route 25, 382.44' east of Heath Drive, Orient
SCTM # 1000-13-2-7.8 Zoning District: R-80
Dear Mr. Zimmer:
The following resolution was adopted at a meeting of the Southold Town Planning
Board on Monday, August 8, 2005:
WHEREAS, this proposal is to subdivide a 17.5449-acre parcel into two lots Where Lot 1
equals 15.0458 acres upon which the development rights to 12 acres have been sold to
Suffolk County, and Lot 2 equals 2.4991 acres; and
WHEREAS, the Southold Town Planning Board granted conditional final approval on
September 11, 2001 and the conditions have not been met; and
WHEREAS, the Southold Town Planning Board deemed the application expired by
resolution dated February 15, 2005; and
WHEREAS, the Southold Town Planning Board finds that this proposal involves a
substantial preservation component in the form of a development rights sale to Suffolk
County, which occurred prior to the adoption of the new Chapter A106, Subdivision of
Land, of the Southold Town; be it therefore
RESOLVED, the Southold Town Planning Board hereby rescinds the resolution of
February 15, 2005 and re-issues conditional final approval upon the map dated August
9, 2001, subject to the following conditions:
Zimmer - Pa.qe Two - 8/9~05
1. Submission of 5 mylars and 8 paper prints of the final map with the Health
Department stamp of approval affixed to each sheet.
2. The installation of the firewell as required by the Orient Fire District or
submission of a new determination indicating that no additional fire protection
devices are needed.
3. Submission of the filed Covenants and Restrictions.
4. Submission of the Park and Playground Fee of $5,000.
5. Review and approval of the LWRP Coastal Consistency Form.
The conditions must be met within six (6) months of the resolution unless an extension
of time is requested by the applicant and granted by the Planning Board. Upon
fulfillment of the conditions, the Planning Board will issue final approval and authorize
the Chairperson to endorse the final surveys.
Please contact us if you have any questions.
Very truly yours,
ouse
Chairperson
PLANNING BOARD MEMBERS
JERILY'N B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OV'~ICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave,)
Southold, NY
Telephone: 631 765-11)38
Fax: 631 765-3136
MEMORANDUM
To: Kieran Corcoran, Assistant Town Attorney
From: Anthony Trezza, Sr. Planner
Date: August 1, 2005
Re:
Subdivision of Frank Zimmer
1000-12-2-7.8
Here is a copy of the draft Covenants and Restrictions for the above-referenced
subdivision application. Please review and let me know of any changes that are
hecessary. This property owner sold the development rights on 12 acres to the
County in 2001. The only restrictions we are imposing are the no further
subdivision and Planning Board approval required for any lot line changes.
Thanks.
DECLARATION OF COVENANTS & RESTRICTIONS
THISDECLARATIONismadethis dayof___,2005 by ~cl~t~n~ ~,2lmrng-~ (l'f~o~rr~)
T60P ~,cH~ tn~rrnoq~at T'~,~:,r, hereinafter referred to as the DECLARANT;
WlTNESSETH:
WHEREAS, the DECLARANT is the owner of certain real property situate on the North side of
Main State Road 25, Town of Southold, Suffolk County, New York, more particularly bounded
and described in 5'o R~'c Y ~ attached hereto (hereinafter referred to as the Property); and
Located on the north side of State Route 25, 382.44' east of Heath Drive, Orient
SCTM # 1000-13-2-7.8 Zoning District: R-80
WHEREAS, the DECLARANT has made an application for and have received conditio~_..-
a~lm~al from the Planning Board of the Town of Southold to subdivide said propert3~nto
(0-) lotlg, as shown on the Sub. division Map of I'oOo t~ oZ 7, $ prepared by ~/ovn,6
xL"~'d~UrVeyor, last dated ~t'which map will be filed herewith in the Office of the Suffolk
County Clerk; and
WHEREAS, for and in Consideration of the granting of said approval, the Planning Board of the
Town of Southold has deemed it to be in the best interests of the Town of Southold and the
owners and prospective owners of said lots that the within Covenants and Restrictions be
imposed on said lot No, 2: : and as a condition of said approval, said Planning Board
has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and
WHEREAS, the DECLARANT has considered the foregoing and have determined that the same
will be for the best interests of the DECLARANT and subsequent owners of said parcel;
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the DECLARANT, for the purpose of carrying out the intentions above expressed, does
hereby make known, admit, publish, covenant and agree that the said lots within said subdivision
map shall hereafter be subject to the following covenants and restrictions as herein cited, which
shall mn with the land and shall be binding upon all purchasers, lot owners and holders of said
Property, their heirs, executors, administrators, legal representatives, distributees, successors and
assigns, to wit:
~ There shall be no further subdivision of Lot.~,e2. -e~ UNo lot lines shall be changed
.----.--------__ unless authorized by the Town Planning Board.u
These covenants and restrictions shall mn with the land and shall be binding upon the
DECLARANT, its successors and assigns, and upon all persons or entities claiming under them,
and may be terminated, revoked or amended by the owner of the Property only with the written
consent of the Town granted by a majority plus one vote of the Plamdng 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
enft~rceable by the Town of Southold, State of New York, by injunctive relief or by any other
remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the
same shall not be deemed to affect the validity of this covenant nor to impose any liability
whatsoever upon the Town of Southold or any officer or employee therof.
The within Declaration is made subject to the provisions of all laws required by law or by their.
provisions to be incorporated herein and made a part hereof, as though fully set forth.
That the within Declaration shall run with the land and shall be finding upon the DECLARANT
and its successors and assigns, and upon all persons or entities claiming under them, and may not
be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by
subsequent owners of the Property unless and until approved by a majority plus one vote of the
Planning Board of the Town of Southold or its successors, after a public heating.
IN W1TNESS WHEREOF, the DECLARANT above named have executed the foregoing
instrument the day and year first written above.
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this day of in the year 2005 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 capaeity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
Notary Public '
121 31 '
RECEIVED
Number of pages ~ REAL E:~.V V'f'[:.,~
Ser~ ~ .
~ior Cfi. ~
~d / Mo~e In~ent ~ / Mo~age T~ Stump R~or~ng [ Filing
4 ~ FEES
Pagc/ Filing F~ ~-. ~ Mo~gage AmL
H~dling -~ 1. B~ic Tax
~-5~ .-~ 2. Addifion~ T~
No~on Sub To~l
EA-5217 (C~my) ~ Sub To~l ~ ~ S~JAssiL
EA-5217 (State) ~ or
S~./Add.
Du~ To~n ~ Dual C~nt7
i C~m. of Ea. 5. ~ t [ Held for Ap~onmem ~
~ffidavit · Transfer T~
Cenifi~ Copy ~e pro~ covered by this mo~age
will be improved by a one o[ two [amily
Reg. Copy ~ dwelling only.
Sub To~ Y~ ~ or NO
O~er ~ If NO, ~ appmpdam mx clau~ on page
GR~ND TOTAL of ~is in~ment.
~ Real Pro~rly Tax ~rvice Agency Verir~at~n 6 Title Company lnfor~tion
~'~ Dist. Section Bilk ] ~t ~ ,. . ~,
~"~ ~JI ~ ~ ~~Company N~e
~, I oo o 0'%.00 o~.oo ioo7.oo.
~ ~ J~ 8 [ ~E PAID BY:
KENNETH J. MOLLOY, ESQ. ~ Cash ~eck Cha~e
74 CARLETON AVENUE al P~c~e ~ R~
Suffolk County Recording & Endorsement Page
~is page fo~s pa~ or ~e atmch~ ~ ~ made by:
(SPECIFY TYPE OF INSTRUME~)
~o~ k ~. (~ ~ ~% ~epremises he~inis situat~ in
SU~OLK COU~Y, NEW YORK.
TO ~ ~eTow~hipof ~ ~" ~
In ~ VILLAGE
BO~S 5 TttRU 9 ~UST BE TYPED OR PRINT~D IN BLACK INK ONLY PRIOR TO E~CORDING OR FILING.
STATE OF NEW YORK, COUNTY OF ._~ ~"F-~z4¢ ss:
Onthe ~ dayof Y~/R~~H 19 ~ ,~foreme
~rsonally came
'to me known to ~ the individual '~ in and who
executed the foregoing instrument, and acknowledged
that ~ executed the ~me.
STATE OF NEW YORK, COUN~ OF
On the day of 19 , before me
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at
that he is the
of
, the con0oration described
in and which executed the foregoing instrument; that he
knows the seat of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by
order of the board of directors of said corporation, and
that he signed h name thereto by like order.
STATE OF NEW YORK, COUNTY OF
On the day of
personally came
19 , before me
to me known to be the individual described in and who
executed the foregoing instrument, and acknowledged
that executed the same.
STATE OF NEW YORK, COUNTY OF
SS:
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly
sworn, did depose and say that he resides at
; that he knows
to be'the individual
described in and who'executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
BARGAIN AND SALE DEED
WITH COVENANT AGAINST GRANTOR'8 ACTS
Title No.
TO
Zimmer
rpodd Buchanan Memorial Trust
SAFE HARBOR TITLE
AGENCY LTD.
415 East Main Street
Port Jefferson, NY 11~
Phone: (516) 4?3.0800
Fax: (516) 473-7685
SECTION 013.00
B~CK 02.00
~T 007.001
COUNTYORTOWN Southold
~RE~ADDRESS Hain Rd.
Orient, NY
Recorded at the request of
SAFE HARBOR TITLE AGENCY, LTD
RETURN BY MAIL TO
Kenneth J. Molloy
Attorney at Law
74 carleton Avenue
East Islip, NY 11730
Dist. 1000
Sect. 013.00
Block 02,00
Lot 007.001
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THISINDENTURE, madethe ~ ~ dayof March
BETWEEN
FRANK B. ZIMMER
Residing at: 34 Admirals Drive,
,19 98
East, Bay Shore, NY
partyofthefirstpart, and
FRANK B. ZI~9~Ras TR[~TEE OF THE
TODD BUCHANAN MEMORIAL TRUST
located at: 34 Admirals Drive,
East,
Bay Shore, NY
party of the second part,
WlTNESSETH, that the party of the first part, in consideration of
Jd ~-4'~ dollars
paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs
or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, with the bBildings and improvements thereon erected, situate,
lying and being in the
SEE AI-I'ACHED
SCHEDULE^
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 tctai of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this de,ed the day and year first above written.
IN PRESENCE OF:
All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and
{'j+~i,~g in ~ Orient, Town of Southold, County of Suffolk and State of New York, bounded
add described as follows.' B~GINNING at a point on the northerly side of Main (State)
Road at the sohtheast corner of the herein described preuises where the same is inter-
sected by the westerly side of land nc~ or formerly of H. D~marest Jr.: RUNNING THENCE
from said point of beginning along the northerly side of Main Road westerly along the
~rc of a curve bearing %o the left having a radius of 1670.28 ft. a distance of 181.22'
~o land now or formerly of L. D~m~qrest; RUNNING THENCE along said land the following
~.tw~ courses and distances.' (1) North 9000' west 206.19 ft.;(2) South 81000' west 163.70'
Ilto land now or fonuerly of Kyrkostas; RUNNING ~qC~ along saidjland and along land
now or formerly of Reese the following two courses and distances: (1) North 15006'40''
West 578.83'; (2) North 10°21'10'' West 836.16' to the northerly side of a 25 ft. right
of way; RUNNING THENCE along the northerly side of said 25 ft. right of way the follow-
ing two courses and distances: (1) North 73°01'10'' East 50.95'; (2) North 77027'30'' E.
280' to the easterly terminus of said 25 ft. right of way; RUNNING THENCE along the
easterly tezmlnus of said 25' right of way South 8032'40'' East 25.06' to the southerly
side of said 25' right of way; RUNNI[~ THENCE along the southerly side of said 25' right
~f way South 77027'20'' West 304.87' to land nc~ or formerly of D~qrest; RUNNING THENCE
along said land the following two courses and distances: (1) South 10°21'10'' E.85.06';
(2) North 77027'20'' E. 454.79' to land now or formerly of Whitcc~ Inves~nt Co.;
Running Thence along said land South 15034'50'' E. 1393.79' tolaed now or formerly of~'M.
Demarest Jr.; RUNNING THENCE along said land the following three courses ahd ~ist~nces:
1) South 77034'40'' W. 164'; 2) S. 36005'20'' W. 77.13'; 3) S.9°02'10'' E. 127' to the
northerly side of Main Rd. at the point or place of BEGINNING.
TOGETHER WITH AND SUBJ~C~f TO: Right of Way in Liber 274 cp 149; Right of Way in Liber
5346 cp 124; Right of Way in Liber 5362 cp 82; LILCO Easement in Liber 5374 cp 355;
Eas~nent of Right of Way of even date intended to be recorded simultaneously herewith.
BEING AND INTENDED to be the same premises conveyed to the parties of the
first part by deed dated June 20, 1985 and recorded in the Office of the
Clerk of Suffolk County on July 8, 1985, in Liber 9825, cp 500.
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
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.
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).
o
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 mom 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.
SCTM# /~o0
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 P[h?~~~
libraries and the Town Clerk's office, l~/ tC; tfi ~!i
DESCRIPTION OF SITE AND PROPOSED ACTION
JUN i 2005
The Apphcation has been subnutted to (check appropriate response).
TownBoard ~ Planning Dept. ~'/ Building Dept. ~ BoardofTrustees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Location of action:
Site acreage:
Present land use:
Present zoning classification:
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:
(b) Mailing address:
(c) Telephone number: Area Code ().
(d) Application number, if any:
Will the action be directly undertaken, require fimding, or approval by a state or federal agency?
Yes ~ No ~ If yes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
[~Yes ~-~ No ~NotApplicable
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
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
~ Yes ~ No [-"~Not Applicable
Attach 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 S3/ otApplieable
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 Rot Applicable
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
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation
criteria.
~ Yes [] No [~Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
Yes No [-- Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes ~ No [~Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
~ Yes ~ No ~Not Applicable
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
[-~ Yes [~ No ~-~/Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
~ Yes ~ No ~Not Applicable
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
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFI~'ICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
June 3,2005
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
Re:
Proposed Subdivision for Todd Buchanan Memorial Trust/Zimmer
Located on the north side of State Route 25, 382.44' east of Heath Drive, Orient
SCTM # 1000-13-2-7.8 Zoning District: R-80
Dear Mr. Zimmer:
On May 10, 2005 the Town of Southold Local Waterfront Revitalization Program (2005) became
effective as legislation.
Please be advised that the action is now subject to Chapter 95, Waterfront Consistency Review
of the Town of Southold Town Code. Pursuant to Chapter 95, please complete the enclosed
Local Waterfront Revitalization Program Consistency Assessment Form and submit it to this
department.
Please contact me at (631) 765-1938 if you have any questions regarding the above.
Sincerely,
JLWRP Coordinator
Enc.
cc: Kieran Corcoran, Assistant Town Attorney
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAIl.lNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hail Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
April19,2005
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
Re~
Proposed Subdivision for Todd Buchanan Memorial Trust/Zimmer
Located on the north side of State Route 25, 382.44' east of Heath Drive, Orient
SCTM # 1000-13-2-7.8 Zoning District: R-80
Dear Mr. Zimmer:
The Southold Town Planning Board reviewed your application and latter dated February 23,
2005 at the work session held on April 18, 2005. The following was decided:
The Planning Board will rescind the resolution dated February 15, 2005.
The Planning Board will re-issue conditional final approval with all remaining
conditions at the May 9, 2005 Public Meeting. The conditions include:
a. The submittal of 8 paper copies and 4 mylar maps with Department of Health
approval stamp.
b. The installation of the firewell as specified by the Orient Fire District.
c. The submission of a draft covenant and restriction prohibiting the further
subdivision of lot 2.
The Planning Board has ruled that based upon the history and merits of the
application, the park and playground fee will be reduced from $7000.00 to $5000.00.
Please contact this office with any questions.
Sincerely,
~onmental Planner
Ccz
Planning Board
Kieran Corcoran, Assistant Town Attorney
Melissa Spiro, Land Preservation Coordinator
PLANNING BOARD MEMBERS
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
February 15, 2005
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
MAILING ADDRE,~S:
P.O. Box 1179
,~,,,~..Lo;~., ,N f 1157 t
OFFICE LOCATIO iN:
Town Hall Annex
54375 State Route 25
(cor. Main RA. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-313~
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Re:
Proposed Subdivision for Todd Buchanan Memorial Trust/Zimmer
Located on the north side of State Route 25, 382.44' east of Heath Drive, Orient
SCTM # 1000-13-2-7.8 Zoning District: R-80
Dear Mr. Zimmer:
· ¢ · !fh buthold Town Planning
The follow~n¢l resolution was adopted at a meeting o
Board on Monday, February 14, 2005: ,
WHEREAS, this proposed subdivision is for 2 lots in the R-80 zone on 17.5 acres
located on the north side of State Route 25, 382.44' east of Heath Drive, Orient; and
WHEREAS, this proposed subdivision will set off the existing residence and farm
buildings on a 2.49 acre lot and create a 15.04 acre lot from which 12 acres of
Development Rights were purchased by Suffolk County and a building area of 80,421
square feet will be reserved; and
WHEREAS, the Planning Board granted conditional final approval on September 11,
2001 and the conditions have not been met; therefore, be it
RESOLVED, that pursuant to A106-24 of Chapter A106 (2001), the application is
expired.
Please contact us if you have any questions.
Very truly yours,
odhouse
Chairperson
These conditions must be met within six (6) months of the date of this resolution:
1. Two mylars and fi~lpaper prints with the Health Dept/s~ated approval
stamp must be submitted.
2. A Park and Playground Fee of $5,000 must be paid.
3. Receipt of the Suffolk County Planning Commission report.
4. Review by the Orient Board of Fire Commissioners as to need for fire well.
5. A Declaration of Covenants and Restrictions on Lot 2 shall be filed stating
that there shall be no further subdivision of said lot.
The plans have been referred to the Town Engineering Inspector for drainage review,
and to the Orient Fire Department for a recommendation as to whether a fire well is
required. You will be notified if any drainage improvements are required, or if a fire well
is required.
The application has been forwarded to the Suffolk County Planning Commission for
review. You will be notified when the Planning Board receives the report from the
County.
Benny Orlowsld, Jr.
Chairman of Planning Board
Town of Southold
P.O. Box 1179
Southold, NY 11971
P.O. Box 355
Orient, NY 11957
March 4, 2002 ~
u 5 200
Southold Town
Planninl] Board
SUBJECT: Proposed set-off for Todd Buchanan Memorial Trust / Zimmer, SCTM # 1000-13-2-7, 8
Dear Benny,
The following information will bring you up to date as to the reason for requesting either to put a
hold on this set-off or a six month extonsion in order to straighten out these conditions imposed on me
as of your letter of September 11, 2001.
# 1 - HEALTH DEPARTMENT... On August 28, 2001 Tom Wolpert of Young & Young submitted
the nece~ary paperwork along with my $200. check for application approval for set-off. Unfortunately,
the apph'cation was incomplete and returned to Young & Young on December 26, 2001. As you can
imagine that cost us four months and will have to be resubmitted again.
#2 - PARK & PLAYGROUND FEE... As soon as my health improves I intend to discuss a waiver on
this $5,000. fee for various reasons with the new administration, Planning Department and Peconic Land
Trust. I comider this a $5,000. penalty for giving up 12 of the 15 acxe set-off (this ks not right by any
stretch of the imagination).
#3 - SUFFOLK COUNTY COMMISSION REPORT... Submitted receipt and $50. check to Suffolk
planning Department and to date have not heard from them.
#4 - ORIENT FIRE DEPARTMENT... Again, as soon as my health improves I intend to ask the Fire
Commi~ioners to waiver an additional fire well in this area. I have purchased a 10,000 gallon
fiberglass tank which I would be happy to donate to Orient Fire Department in exchange for the waiver.
#5 - DECLARATION OF COVENANTS & RESTRICTIONS ON LOT 2... I have no objections on this
covenant when you submit it to me for review.
Frank B. Zimmer, Page 2
$6 - TOWN ENGINEER INSPECTOR... To date, I have not received any information from your town
engineering inspector regarding drainage review. The existing farm road has been in place for over one
hundred years with very little use. The three houses on the Sound are the only residents that u61ize this
road without any flooding problems, with a drainage catch basin at end of Farm Road located on main
These past months both Mrs. Zimmer and I have experienced serious health problems. M~.
Zimmer with a blood clot in her right leg and rushed to the hospital. She is convalescing and receiving
medication and n~cov~ing day-by-day at home. I feel like a hired nurse! As for my health, I had a
problem with Diabetes and high blood pressure which is now under conWol. However, I had a mild
cold then a serious cold which went into Bronchitis which left me short of breath. However, we
shouldn't complzin being in our mid seventies and having good health in our past fifty years of
mmfiagn, it's been a good life.
Benny, I will sign off by thanking you for your consideration and cooperation for these past
eighteen years.
Sincerely,
Frank B. Zimmer
enclosures
cc,~ile
cc/Ken Malloy
These conditions must be met within six (6) months of the date of this resolution:
1. Two mylars and five paper prints with the Health Dept.'s dated approval
stamp must be submitted.
2. A Park and Playground Fee of $5,000 must be paid.
3. Receipt of the Suffolk County Planning Commission report.
4. Review by the Orient Board of Fire Commissioners as to need for fire well.
5. A Declaration of Covenants and Restrictions on Lot 2 shall be filed stating
that there shall be no further subdivision of said lot.
The plans have been referred to the Town Engineering Inspector for drainage review,
and to the Orient Fire Department for a recommendation as to whether a fire well is
required. You will be notified if any drainage improvements are required, or if a fire well
is required.
The application has been forwarded to the Suffolk County Planning Commission for
review. You will be notified when the Planning Board receives the report from the
County.
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August23,2001
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
RE:
Proposed Set-Off for Todd Buchanan Memorial Trust/Zimmer
SCTM # 1000-13-2-7.8
Dear Mr. Zimmer:
The final public hearing on the maps, dated August 9, 2001, will be held on Monday,
September 10, 2001 at 6:16 p.m. at the Southold Town Hall.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to
the Town's notification procedure. The notification form is enclosed for your use. The
sign and the post will need to be picked up at the Planning Office, Southold Town Hall.
Please return the endorsed Affidavit of Posting, proof of certified mailing, and the signed
green return receipts from the certified mailings on the day of the public hearing before
4:00 p.m. Please also retum the sign and the post to the Planning Office after the
public heaHng.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
encl.
§ 58-1
NOTICE OF PUBLIC hEARING
Chapter 58
NOTICE OF pUBLIC HEARING
§ 58-1
§ 58-1. Providing notice of public hearings.
[HISTORY: Adopted by the Towi~ Board of the Town of
Southold 12-27-1995 as L.L. No. 25-1995; Amendments
noted where applicable.]
§ 58-1. providing notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon de~rmining that an application is complete,
the board or commission reviewing the same. shall fix a time
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A. By causing a notice giving the time, date, place and
nature of the hearing to be published in the official
newspaper within the period prescribed by law.
B. By requiring the applicant to erect the sign provided by
the town, which shall be prominently displayed on the
promises facing each public or private street which the
property involved in the application abuts, giving notice
of the application, the nature of the approval
thereby and the time and place of the public hearing
thereon. The sign shall be set back not more than ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (~) days
immediately preceding the date of the public hearing.
The applicant or his/her agent shall file an affidavit that
s/he hes complied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and emery
property which is across from any public or p~/vate street
5801 ~--~-~
§ 58-1
SOUTHOLD CODE
§ 58-1
from the property included in the application. Such
notice shall be made by certified mail, return receipt
requested, posted at least seven (7) days prior to the date
of the initial public hearing on the application and
addressed to the owners at the addresses listed for them
on the local assessment roll. The applicant or agent shall
file an affidavit that s/he has complied with this
provision.
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
September 10, 2001
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 conducted an uncoordinated
review and determined that the proposed action described below will not have a
significant effect on the environment and a Draft Environmental Impact Statement will
not be prepared.
Name of Action: Proposed set off for Frank B. Zimmer, to be known and filed as
Todd Buchanan Memorial Trust
SCTM#: 1000-13-02-7.8
Location: North side of NY State Route 25, 382.44' east of Heath Drive,
Orient
SEQR Status:' Type I ( )
Unlisted (X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action: This proposed set-off is for 2 lots on 17.5449 acres.
Development Rights will be sold on 12 acres of Lot #1, which encompasses 15.0458
acres and wilt leave a building area of 80,421 square feet. Lot #2 has an existing
house, garage and outlying agricultural-related buildings.
Reasons Supporting This Determination:
Only one new buildable lot is being created, and the Iow density of development due to
the Development Rights Sale creates no environmental concern.
SEQR NeRative Declaration - Pa,qe Two
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.
For Further Information:
Contact Person: Valerie Scopaz
Address: Planning Board
Telephone Number: (631)765-1938
Roger Evans, DEC Stony Brook
Suffolk County Department of Health
Elizabeth Neville, Town Clerk
Applicant
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 11, 2001
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
RE:
Proposed Set-Off for Todd Buchanan Memorial TrustJZimmer
SCTM # 1000-13-2-7.8
Dear Mr. Zimmer:
The following took place at a meeting of the Southold Town Planning Board on Monday,
September 10, 2001:
The final public hearing was closed.
The following resolution was adopted:
WHEREAS, this proposed subdivision is for 2 lots in the R-80 zone on 17.5 acres
located on the north side of State Route 25, 382.44' east of Heath Drive, Orient; and
WHEREAS, this proposed subdivision will set off the existing residence and farm
buildings on a 2.49 acre lot and create a 15.04 acre lot from which 12 acres of
Development Rights will be purchased by Suffolk County and a building area of 80,421
square feet will be reserved; and
WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental
Quality Review Act, (Article 8), Part 617, conducted an uncoordinated review, declared
itself lead agency, made a determination of non-significance, and issued a Negative
Declaration on September 10, 2001; and
WHEREAS, a final public hearing was held (closed) on said subdivision application at
the Town Hall, Southold, New York on September 10, 2001; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; and
Zimmer - Pa,qe Two - 9/11/01
WHEREAS, all the requirements of the Subdivisi~)n Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional final approval on
the maps, last amended on August 9, 2001, subject to the fulfillment of the following
conditions.
These conditions must be met within six (6) months of the date of this resolution:
1. Two mylars and five paper prints with the Health Dept.'s dated approval
stamp must be submitted.
2. A Park and Playground Fee of $5,000 must be paid.
3. Receipt of the Suffolk County Planning Commission report.
4. Review by the Orient Board of Fire Commissioners as to need for fire well.
5. A Declaration of Covenants and Restrictions on Lot 2 shall be filed stating
that there shall be no further subdivision of said lot.
The plans have been referred to the Town Engineering Inspector for drainage review,
and to the Orient Fire Department for a recommendation as to whether a fire well is
required. You will be notified if any drainage improvements are required, or if a fire well
is required.
The application has been forwarded to the Suffolk County Planning Commission for
review. You will be notified when the Planning Board receives the report from the
County.
The Planning Board has reviewed the property and has decided not to require a
reservation of land for park and playground use. Therefore, a cash payment in lieu of
land reservation will be required as per Section A106-38(e) of the Town Code. The
amount to be deposited with the Town Board shall be $5,000.00. Payment is required
prior to any final endorsement of the subdivision.
Please contact us if you have any questions.
· Very truly yours,
Bennett Orlowski, Jr.
Chairman
DEPARTt'4ENT OF pLANNING
COUNTY OF SUFFOLK
ROBERT d. GAFFNEY
SUFFOLK COUN]¥ EXECUTIVE
September 18, 2001
THOMAS ISLES, AICP
Todd Buchanan Memorial Trust
c/o Frank B. Zimmer-Trustee
P.O. Box 355
Orient, NY 11957
Dear Sir: / r2/~.i,/~o~t
The referenced subdivis, i~n has been submitted to the offices of the Suffolk County Planning
Commission as per Section ~4-24 of the Suffolk County Administrative Code. In accordance with
Resolution No. 809-199,~llowing fee is charged in connection with the review of the subdivision.
Please remit the sum ~t~gS0.00~which represents a $25 per lot fee to the Suffolk County Dept. of
Planning, P.O. Box 6100Vl~uppauge, N.Y. 11788-0099, Attention of Lucille Gardella (Tel. #853-
5193). Please detach the bottom portion of this letter and enclose it with your check or money order
made payable to the Suffolk County Treasurer. Payment to be made within thirty (30) days of receipt of
this letter. Failure to provide payment within the prescribed time limit could result in unnecessary delays
in the review of the subdivision. Additionally, there shall be a $20 fee for any returned check.
Thank you.
Very truly yours,
Thomas Isles, AICP
Director of Planning
APF:cc
Orient Fire District
September 20, 2001
Valerie Scopaz, AICP
Southold Town Planning Board
PO Box 1179
Southold, NY 11971
Sir:
The Board of Fire Commissioners of the Orient Fire District reviewed the subdivision of
Todd Buchanan Memorial Trust, at Orient, Town of Southold, Suffolk County, New
York. This was referred to the Board of Fire Commissioners for their recommendations,
as whether any fire wells are needed.
The Board of Fire Commissioners recommends that either an electric fire well be
installed, 8" piping, capable of producing 350 GPM, with gravel packed 20' screen or the
installation of a 10,000 GAL fiberglass tank, with 6"standoffpiping for connection to fire
equipment.
Sincerely,
Board of Fire Commi~ioners
Oriem Fire District
Edward O. Loper
Secretary/Treasurer
Oriem Fire District
$outho! Town
Planning Boat'd
23300 Main Road · Orient, NY 11957 * (631)323-2445 * Fax(631)323-9706
ATTORNEY AT LAW
TEL: (5-1~) 277-? 100
74 CARLETON AVENUE
EAST ISLIP, NEW YORK 11730
~31
FAX:
October 18, 2001
Town of Southold
Planning Board Office
Town Hall, 53095 State Route 25
Southold, NY 11971
Attn: Chairman, Bennett Orlowski,
Jr.
RE:
Propose Set-off for Todd Buchanan Memorial Trust/Zimmer
SCTM% 1000-13-2-7.8 (Dated Letter 11th September 2001
Dear Chairman Orlowski and Members of the Board:
At the request of Valerie Scopaz, I am writing to you.
On behalf of the Zimmer's, I would like to take this opportunity
as a close friend and not as a legal participant to layout and explain
their deep concerns regarding the conditions and restraints the
planning board has subjected them to. This will cause a tremendous
financial burden on them as I will explain to you with the following
information:
1. For 16 months of pursuing the sale of 12 acres development
rights to Suffolk County and 2 1/2 acre set-off there was never a
subject being brought up regarding a $5,000.00 park and playground fee
or a section A106-38E town code. The agreement always was to sell the
12 acres and at the same time have the planning department approve the
2 1/2 acre set-off without conditions %2 and #4 of the subject
planning board approval.
2. I would like to note the financial sacrifice the Zimmer's
have made by selling the 12 acre development rights:
A)
B)
C)
2 acre building lots are being sold for approximately
$200,000.00 per lot totaling over $1,000,000.00.
The Zimmers have paid out over $2,000.00 for
miscellaneous fees and surveys.
This property could have a potential of 8 one acre lots
clustered which would total over $1,000,000.00
D)
E)
F)
Perhaps this property should have been developed as low
income development with 2 units per acre.
They also lost one acre of roadway which was not in the
purchase price.
The Zimmer's received a fraction of potential property
value by selling 12 acres of their development rights
and will also have to pay capital gains on this sale.
With all the conditions put on the Zimmer's by the
planning board, I am sure they would have second
thoughts about selling the development rights or for
that matter any other farmland owner that wishes to
have a few acres set-off with development rights being
sold.
3. With regards to the a fire well:
A)
There is a 10,000 gallon fire well on section #2 of
Reese's property approximately 300' west of the
Zimmer's property and approximately 800' from Main
Road. To the Zimmer's knowledge this has never been
used in the last 17 years.
B)
In addition, there is a 8" casing sump reservoir
directly across the Main Road on Narrow River Road,
approximately 75' from the front of the Zimmer's
property.
c)
Also, Dr. Vallo Benjamin purchased 19 acres from Mr.
Reese which is adjacent to the west of the Zipper's
property and is at present under Mudd Vineyard
Management to install grape vines and not create a
development which reduces the need for the present fire
well.
NOTE: An 8' casing electric fire well cost $12,000.00
quoted by Kreiger Well Company.
4. Reference to 2nd paragraph on page #1 stating "subdivision
will set off existing residence and farm building on 2 1/2 acres."
There is and never was to the Ziramer's knowledge an existing residence
on this 17 1/2 acre property. There is a seasonal cottage on cement
blocks for farm help which is not being used at the present time.
From the start, the understanding and agreement for building
a residence on this 2 1/2 acres would be to tear down one barn and
replace it with a new residence or convert one of the existing barns to
a residence without creating additional buildings on the 2 1/2 acre
property.
5. On page 2, item #5, the Zi~mer's have no objection to
signing the proposed covenant restricting any additional subdivision on
lot #2.
6. It should also be known that the Zimmer's sacrificed
$1,500.00 on each acre of the 12 acres on the sale of the development
rights in order to come to an agreement with Suffolk County. This is
total loss of $18,000.00 to close on the purchase price.
7. Drainage Review: Zimmer's have been discussing this issue
with your Engineer Inspection Jim Richter, before he was hospitalized
for surgery, and explained to him that there is a drainage catch basin
approximately 25' west from the driveway on Main Road for any runoff
due to heavy rains.
In addition, they had discussions with New York State Highway
Department, both Riverhead Office, Brandon Murphy and Greenport Yard,
Ted Reed. They will clean out and upgrade basin sometime in October.
The Zimmer's are in their mid-seventies and have had their share
of grief after losing their son Todd to cancer eight years ago. They
have had plans to build their home in Orient upon receiving the funds
from the sale of development rights.
I am requesting the Planning Department to reconsider and rescind
their conditional approval for items #2 and #4 and drainage for the
aforementioned reasons, compassion and leniency in order for the
Zimm~er's to get on with their lives.
I along with the Zinm~er's extend our deep appreciation for your
cooperation and consideration of this subject matter. Please contact
me if I can be of any further assistance to resolve these important
conditions.
Very truly yours,
~. MOLLO~Y,~Q.
CC:
file: William J. Cremers
Kenneth Edwards
George Ritchie Latham Jr.
Richard Caggiano
Valerie Scopaz
*Letter of past history
copy subject survey area
c~vcu ~qS~
ZIMMER FARM
MAIN RD. (BOX 355)
ORIENT, NY 11957
VALERIE SCOPAZ, AICP
TOWN PLANNER
P.O. Box 1179
Town Hall, 53095 Main Road
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
Valerie. Scopaz~town.southold.ny.us
November 9, 2001
OFFICE OF THE TOWN PLANNER
TOWN OF SOUTHOLD
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
RE: Proposed Set-Off for Todd Buchanan Memorial Trust/Zimmer
SCTM # 1000-13-2-7.8
Dear Mr. Zimmer:
On September 10, 2001, the Southold Town Planning Board granted conditional final
approval on your proposed subdivision. The approval requires that certain conditions be
met; among them the payment of a Park and Playground Fee in the amount of
$5,000.00., the review of drainage plans by the Town's Engineering Inspector and
review by the Orient Board of Fire Commissioners as to the need for a fire well. On
October 19~, the Planning Board received a letter from Kenneth J. Molloy, an attorney
who wrote on your behalf, indicating that you wish to have certain of the conditions
waived, specifically the Park and Playground Fee and the fire well. You also asked that
there be a waiver of drainage requirements.
In response to this letter, the Planning Board has asked me to inform you of the
following:
We have asked the Engineering Inspector to review the proposed drainage for
the site and get back to us as to whether he agrees with your request that the
drainage requirements be waived.
We have been informed by the Orient Fire Commissioners that a fire well will be
required and, if you wish to appeal that decision, you can speak with the
Commissioners directly and ask if they would consider either the waiver of that
requirement or the placing of a covenant on Lot #2 that the fire well will be
installed prior to the issuance of a Certificate of Occupancy.
Finally, with regard to the payment of the Park and Playground Fee, the Planning
Board is required to impose a fee upon the creation of a new lot and the fee
pertains not to the lot on the Main Road, but rather the creation of the new
building lot on the northerly end of the property. The Board is not in a position to
waive this requirement. If you wish to pursue it with the Town Board, you can but
the Town Board has already indicated that they are not in favor of the waiver of
that fee.
Todd Buchanan Memorial Trust - Paqe Two - 11/9/01
We will get back to you upon receipt of additional information from the Town
Engineering Inspector. In the meantime, I recommend that you proceed with your
application before the Suffolk County Department of Health Services. The final map
cannot be approved without their approval of the subdivision.
Please feel free to contact me with any questions regarding this correspondence.
Very truly yours,
Valerie Scopaz, AICP ~'"' ~
Town Planner
VS:ck
ALLAN D. GR£CCO
DIVISION DIRECTOR
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
DIVISION OF REAL ESTATE
Victor Lessard, Principal Bldg.
Town of Southold
Southold Town Hall
53095 Main Road
Southold, N.Y. 11971
Re: Owner: Frank Zimmer
2001
November 26,
Insp.
Southold Town
TM#: 1000-013-02-7.8 J~:P ""i.gBoard
SUFFOLK COUNTY FARMLAND PROGRAM, PHASE V
Dear Mr. Lessard:
We enclose herewith the following:
Copy of deed for Development Rights, recorded in Liber 12139,
Page 747.
Survey of lands for which Development Rights are owned by
Suffolk County.
Copy of County Local Law 16-81.
Please take notice of the enclosures. Inasmuch as the County is now the
owner of the development rights to the property identified in the survey
enclosed, we strongly request, respectfully, that no building permits be
issued for any development whatsoever excep~ and only after the Suffolk
County Farmland Committee has consented to the application in advance.
ADG: CSW: lac
Enclosures
(1937)
Very t//~.~_ yours,
A~'lan D. Grecco, Div. Director
'L/Division~' of Real Estate
pc:
Thomas Isles, Director, Planning Department
Gerry Goehringer, Rental/Inventory Unit
William Shannon, Acting Chief Engineer, DPW (w/Deed)
Elizabeth Ann Neville, Town Clerk
Scott A. Russell, Town Assessor (w/Survey)
· ~i~'~f ~'"'~ ~ ~ '~ T ~wn Planner
VALERIE SCOPAZ, AICP
TOWN PLANNER
P.O. Box 1179
Town Hall, 53095 Main Road
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
Valerie. Scop az~town.southold.ny.us
November 9, 2001
OFFICE OF THE TOWN PLANNER
TOWN OF SOUTHOLD
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
RE: Proposed Set-Off for Todd Buchanan Memorial TrustJZimmer
SCTM # 1000-13-2-7.8
Dear Mr. Zimmer:
On September 10, 2001, the Southold Town Planning Board granted conditional final
approval on your proposed subdivision. The approval requires that certain conditions be
met; among them the payment of a Park and Playground Fee in the amount of
$5,000.00., the review of drainage plans by the Town's Engineering Inspector and
review by the Orient Board of Fire Commissioners as to the need for a fire well. On
October 19th, the Planning Board received a letter from Kenneth J. Molloy, an attorney
who wrote on your behalf, indicating that you wish to have certain of the conditions
waived, specifically the Park and Playground Fee and the fire well. You also asked that
there be a waiver of drainage requirements.
In response to this letter, the Planning Board has asked me to inform you of the
following:
We have asked the Engineering Inspector to review the proposed drainage for
the site and get back to us as to whether he agrees with your request that the
drainage requirements be waived.
We have been informed by the Orient Fire Commissioners that a fire well will be
required and, if you wish to appeal that decision, you can speak with the
Commissioners directly and ask if they would consider either the waiver of that
requirement or the placing of a covenant on Lot #2 that the fire well will be
installed prior to the issuance of a Certificate of Occupancy.
Finally, with regard to the payment of the Park and Playground Fee, the Planning
Board is required to impose a fee upon the creation of a new lot and the fee
pertains not to the lot on the Main Road, but rather the creation of the new
building lot on the northerly end of the property. The Board is not in a position to
waive this requirement. If you wish to pursue it with the Town Board, you can but
the Town Board has already indicated that they are not in favor of the waiver of
that fee.
Todd Buchanan Memorial Trust - Pa.qe Two - 11/9/01
We will get back to you upon receipt of additional information from the Town
Engineering Inspector. in the meantime, I recommend that you proceed with your
application before the Suffolk County Department of Health Services. The final map
cannot be approved without their approval of the subdivision.
Please feel free to contact me with any questions regarding this correspondence.
Very truly yours,
Town Planner
VS:ck
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Mr. James Richter
Office of the Town Engineer
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
2001
Dear Mr. Richter:
The Southold Town Planning Board hereby refers the following application for
your review:
Application Name:
Tax Map Number:
Street Location:
Hamlet Location:
Type of Application:
Sketch Subdivision Map (Dated:
Preliminary Subdivision Map (Dated:
Final Subdivision Map (Dated:
Road Profiles
Grading and Drainage Plans
Other
(Dated:
(Dated:
(Dated:
Sketch Site Plan
Preliminary Site Plan
(Dated: )
(Dated: )
Grading and Drainage Plans
Other
(Dated: )
(Dated: )
ATTORNEY AT LAW
TEL: (~9) 277-71OO
74 CARLETON AVENUE
EAST ISLIP, NEW YORK 11730
~31
FAX: (,~'~e) 2 7 7-714 5
Town of Southold
Planning Board Office
Town Hall, 53095 State Route 25
Southold, NY 11971
Attn: Chairman, Bennett Orlowski, Jr.
RE:
October 18,
Southold Town
P/arming Board
Propose Set-off for Todd Buchanan Memorial Trust/Zimmer
SCTM# 1000-13-2-7.8 (Dated Letter 11tn September 2001
Dear Chairman Orlowski and Members of the Board:
At the request of Valerie Scopaz, I am writing to you.
On behalf of the Zimmer's, I would like to take this opportunity
as a close friend and not as a legal participant to layout and explain
their deep concerns regarding the conditions and restraints the
planning board has subjected them to. This will cause a tremendous
financial burden on them as I will explain to you with the following
information:
1. For 16 months of pursuing the sale of 12 acres development
rights to Suffolk County and 2 1/2 acre set-off there was never a
subject being brought up regarding a $5,000.00 park and playground fee
or a section A106-38E town code. The agreement always was to sell the
12 acres and at the same time have the planning department approve the
2 1/2 acre set-off without conditions #2 and #4 of the subject
planning board approval.
2. I would like to note the financial sacrifice the Zimmer's
have made by selling the 12 acre development rights:
A)
B)
C)
2 acre building lots are being sold for approximately
$200,000.00 per lot totaling over $1,000,000.00.
The Zimmers have paid out over $2,000.00 for
miscellaneous fees and surveys.
This property could have a potential of 8 one acre lots
clustered which would total over $1,000,000.00
D)
E)
F)
Perhaps this property should have been developed as low
income development with 2 units per acre.
They also lost one acre of roadway which was not in the
purchase price.
The Zimmer's received a fraction of potential property
value by selling 12 acres of their development rights
and will also have to pay capital gains on this sale.
With all the conditions put on the Zimmer's by the
planning board, I am sure they would have second
thoughts about selling the development rights or for
that matter any other farmland owner that wishes to
have a few acres set-off with development rights being
sold.
3. With regards to the a fire well:
A)
There is a 10,000 gallon fire well on section #2 of
Reese's property approximately 300' west of the
Zimmer's property and approximately 800' from Main
Road. To the Zimmer's knowledge this has never been
used in the last 17 years.
B)
In addition, there is a 8" casing sump reservoir
directly across the Main Road on Narrow River Road,
approximately 75' from the front of the Zimmer's
property.
c)
Also, Dr. Vallo Benjamin purchased 19 acres from Mr.
Reese which is adjacent to the west of the Zimmer's
property and is at present under Mudd Vineyard
Management to install grape vines and not create a
development which reduces the need for the present fire
well.
NOTE: An 8' casing electric fire well cost $12,000.00
quoted by Kreiger Well Company.
4. Reference to 2nd paragraph on page #1 stating "subdivision
will set off existing residence and farm building on 2 1/2 acres."
There is and never was to the Zimmer's knowledge an existing residence
on this 17 1/2 acre property. There is a seasonal cottage on cement
blocks for farm help which is not being used at the present time.
From the start, the understanding and agreement for building
a residence on this 2 1/2 acres would be to tear down one barn and
replace it with a new residence or convert one of the existing barns to
a residence without creating additional buildings on the 2 1/2 acre
property.
5. On page 2, item #5, the Zimmer's have no objection to
signing the proposed covenant restricting any additional subdivision on
lot #2.
6. It should also be known that the Zimmer's sacrificed
$1,500.00 on each acre of the 12 acres on the sale of the development
rights in order to come to an agreement with Suffolk County. This is a
total loss of $18,000.00 to close on the purchase price.
7. Drainage Review: Zimmer's have been discussing this issue
with your Engineer Inspection Jim Richter, before he was hospitalized
for surgery, and explained to him that there is a drainage catch basin
approximately 25' west from the driveway on Main Road for any runoff
due to heavy rains.
In addition, they had discussions with New York State Highway
Department, both Riverhead Office, Brandon Murphy and Greenport Yard,
Ted Reed. They will clean out and upgrade basin sometime in October.
The Zimmer's are in their mid-seventies and have had their share
of grief after losing their son Todd to cancer eight years ago. They
have had plans to build their home in Orient upon receiving the funds
from the sale of development rights.
I am requesting the Planning Department to reconsider and rescind
their conditional approval for items #2 and #4 and drainage for the
aforementioned reasons, compassion and leniency in order for the
Zim~er's to get on with their lives.
I along with the Zimmer's extend our deep appreciation for your
cooperation and consideration of this subject matter. Please contact
me if I can be of any further assistance to resolve these important
conditions.
Very truly yours,
N~NET~J. MOLLO~Y,~Q.
CC:
file: William J. Cremers
Kenneth Edwards
George Ritchie Latham Jr.
Richard Caggiano/
Valerie Scopaz~''
*Letter of past history
copy subject survey area
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 11, 2001
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
RE: Proposed Set-Off for Todd Buchanan Memorial Trust/Zimmer
SCTM # 1000-13-2-7.8
Dear Mr. Zimmer:
The following took place at a meeting of the Southold Town Planning Board on Monday,
September 10, 2001:
The final public hearing was closed.
The following resolution was adopted:
WHEREAS, this proposed subdivision is for 2 lots in the R-80 zone on 17.5 acres
located on the north side of State Route 25, 382.44' east of Heath Drive, Orient; and
WHEREAS, this proposed subdivision will set off the existing residence and farm
buildings on a 2.49 acre lot and create a 15.04 acre lot from which 12 acres of
Development Rights will be purchased by Suffolk County and a building area of 80,421
square feet will be reserved; and
WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental
Quality Review Act, (Article 8), Part 617, conducted an uncoordinated review, declared
itself lead agency, made a determination of non-significance, and issued a Negative
Declaration on September 10, 2001; and
WHEREAS, a final public hearing was held (closed) on said subdivision application at
the Town Hall, Southold, New York on September 10, 2001; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; and
Zimmer - Page Two - 9/11/01
WHEREAS, all the requirements of the Subdivisi~)n Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional final approval on
the maps, last amended on August 9, 2001, subject to the fulfillment of the following
conditions.
These conditions must be met within six (6) months of the date of this resolution:
1. Two mylars and five paper prints with the Health Dept.'s dated approval
stamp must be submitted.
2. A Park and Playground Fee of $5,000 must be paid.
3. Receipt of the Suffolk County Planning Commission report.
4. Review by the Orient Board of Fire Commissioners as to need for fire well.
5. A Declaration of Covenants and Restrictions on Lot 2 shall be filed stating
that there shall be no further subdivision of said lot.
The plans have been referred to the Town Engineering Inspector for drainage review,
and to the Orient Fire Department for a recommendation as to whether a fire well is
required. You will be notified if any drainage improvements are required, or if a fire well
is required.
The application has been forwarded to the Suffolk County Planning Commission for
review. You will be notified when the Planning Board receives the report from the
County.
The Planning Board has reviewed the property and has decided not to require a
reservation of land for park and playground use. Therefore, a cash payment in lieu of
land reservation will be required as per Section A106-38(e) of the Town Code. The
amount to be deposited with the Town Board shall be $5,000.00. Payment is required
prior to any final endorsement of the subdivision.
Please contact us if you have any questions.
· Very truly yours,
Bennett Orlowski, Jr.
Chairman
Suffolk County Farmland Committee
cio Suffolk County Pl~ning Department
220 Rabm Drive
Hauppauge, NY 11788-6077
Frank B. & Virginia A. Zimmer
34 Admirals Drive East
Bay Shore, NY 11
Page 1 of 2
Sub_'ect:
A~ten#on:
Update letter of approval dated December 12, 1982 from Farm Select Committee
issued by Dr. Lee E. Koppelman, Director of Planning.
Mr. Stephen M. Jones, Chairman of Suffolk ~ Farmland Committee
Dear Mr. Jones and Committee Members,
W'~h reference to the above subject matter, Mrs. Zimmer and I wish to mspactfully request that
the Suffolk County Farmland Committee update the Letter of Approve] to the Zimmer's, dated 21st
December, 1982, signed by Dr. Lee E. Koppelman - Director.
W~h regards to my letter to Dr. Koppelman dated 31st August, 1982 we ask for no further
additions olher Ihan the originaJ requests stated in Items A, B, C & D. On lhe 20th of January, 1983
we received a buil(~ng permit #12139-Z from the town of Souflx~ to construct the lirst agriculture
barn. Approximately lhree months later we had the excavation for the fooling and foundation dug.
This was accomplished and poured, the footing and foundation complete.
Our plans were put on hold up to Ihe present time which was caused by a very personal family
illness. Our son Todd was (~agnosed with Hepatitis which led to Ulcerative Colitis and then over Ihe
years developed into Colon Cancer. NI this greatly affected the following ~een years of our lives.
Our son Todd has since passed away at the eady age of 34 years old. We would now like to
complete our plans on our property, as our son Todd is buried in O~ient Ce,t[a~ Cemetery, which is
close by to our property.
Zimmer, Page 2 of 2
In addition, we have sold our home in Brightwaters approximately one year ago which we
owned for over twenty years in anticipation to build on our property in Orient. Mrs. Zimmer and I do
know the Committee's reluctance to permit a residence to be built on county farmland. However, as
in the past approval in 1982, I understood that there was no wrongdoing on anyone's part because of
the fact lhat a two-stonj frame house was in fact standing on the property in a dilapidated concr~on
and this is the area our home will be constructed and not in open space. This property has been
farmed by local farmers throughout the years and will continue to be farmed by bolh myself and local
farmers.
Thank you for your kind consideration, Mrs. Zimmer and I look forward to meeting with the
Committee.
Sincerely,
Date: 1-15-99
Frank B. Zimmer
Date: 1-15-99
Virginia ,a,. Zimmer
Suffolk County Farmland Committee
c/o Suffolk County Planning Department
220 Rabro Ddve
Hauppauge, NY 11788-6077
Frank B. & Virginia A. Zimmer
34 Admirals Drive East
Subject: Committe Meeting 26th January, 1999
Attention: Mr. Stephen M. Jones, Chairman of Suffolk County Farmland Committee
Dear Mr. Jones and Committee Members,
Mrs. Zimmer and I wish to thank the Chairman and members of the Suffolk County Farmland
Committee for their warm reception and courtesies afforded us at the 26th January meeting. A
special thanks to Mr. Orlowski for making a motion for approval, resulting in a unanimous approval
decision by the committee which proves "The System Works."
We would also like to thank Mr. Roy Fedelem for his time and effort coordinating this subject
matter to bring all the information to the attention of the committee members.
It has been a long and difficult fifteen years waiting to complete the plans to build our home on
our seventy-seven acre farm, but now it seems shortly, it will become a reality.
Again, thank you for your time, efforts and decision in favor of our request.
Sincerely,
Frank B. Zimmer
cc: Mr. Bennett Odowski
Virginia A. Zimmer
Mr. Stephen M. Jones, Chain~an
Suffolk County Farmland Committee
c/o Suffolk County Planning Departmem
H. Lee Dennlmn Building
Hauppauge, New York 11788
34 Admirais Drive East
Bay~
Subject: Offering to sell 12 prime acres of development rights to Suffolk County
(Located in Orient, New York)
I would like to submit the following information with regards to the subject matter which will
bring you up-to-date as to what we are striving for:.
On the 2nd of October, 1998 our 17~ acre farm was put up "for sale" by National Homefmders
on a six month contract period and never sold. Up to this date the property is still not sold.
B)
My wife and I were optimistic that selling the 17~ acres would give us the funds to build our
new home on our 77 acre farm.
c)
We were very pleased with your letter of April 7, 1999 giving ~1~ approval to build on our 77
acre farm and started plans to build just as soon aa we could attract a pur~hz~' for the 17~ acres,
but to no avail.
D)
Frustrated with the situation, a few months ago I called Benny Orlowski (Chairman - Southold
Planning Department). I must say 'Benny" is a person that amazes me, that you explain your
problem and he always comes up with a suggestion. He suggested to call Tim Canlfield at the
Peconic Land Trust which I did. Subsequently, I have met with Tim on three occasions (twice at
his office and once at the subject property). I also met Hoot Sherman and had a few phone
conve:'sations with Hoot with regards to having the subject property put on the list to have
Suffolk County consider purchasing the development fights.
E)
This letter will confu"m both our desire to maintain open space aa well as to acquire necessary
funds to build on our other farm.
Thank you for your kind consideration and look forward to a favorable evaluation of the subject
property.
Sincerely,
Frank B. Zimmer
cc: file
Benny Orlowski
Tun Caulfield
Hoot Sheraton
VALERIE SCOPAZ
TOWN PLANNER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
F~x (516) 765-3136
Telephone (516) 765-1938
OFFICE OF THE TOWN PLANNER
TOWN OF SOUTHOLD
MEMORANDUM
To:
From:
Bennett Orlowski, Jr., Chairman, and
Members of the Southold Town Planning Board
Valerie Scopaz, AICP, Southold Town Planner
Date:
September 25, 2001
Subject:
Waivers or Reductions of Park & Playground Fees
Today, the Town Board decided to table the Tuthill Family's request for a reduction in
the Park & Playground Fee from five to two thousand dollars. They have asked that you
provide, in time for their next meeting on October 9th, a justification for granting this
request.
In conjunction, I must bring to your attention that Frank Zimmer has also requested,
verbally, a complete waiver of the Park & Playground Fee for his Orient subdivision
(Todd Buchanan Memorial Trust).
Please advise how you wish to proceed.
VS:ck
Orient Fire District
September 25, 2001
Valerie Scopaz, AICP
Southold Town Planning Board
PO Box 1179
Southold, NY 11971
Sir:
The Board of Fire Commissioners of the Orient Fire District reviewed the subdivision of
Todd Buchanan Memorial Trust, at Orient, Town of Southold, Suffolk County, New
York. This was referred to the Board of Fire Commissioners for their recommendations,
as whether any fire wells are needed.
The Board of Fire Commissioners recommends that either an electric fire well be
installed, 8" piping, capable of producing 350 GPM, with gravel packed 20' screen or the
installation of a 10,000 GAL fiberglass tank, with 6'standoffpiping for connection to fire
equipment.
Sincerely,
Board of Fire Commissioners
Orient Fire District
Edward G. Loper
Secretary/Treasurer
Orient Fire District
SEP ? 2raj1
Planning Board
23300 Main Road * Oriem, NY 11957 * (631) 323-2445 * Fax (631) 323-9706
Oriem Fire District
September 20, 2001
Valerie Scopaz, AICP
Southold Town Planning Board
PO Box 1179
Southold, NY 11971
Sir:
The Board of Fire Commissioners of the Orient Fire District reviewed the subdivision of
Todd Buchanan Memorial Trust, at Orient, Town of Southold, Suffolk County, New
York. This was referred to the Board of Fire Commissioners for their recommendations,
as whether any fire wells are needed.
The Board of Fire Commissioners recommends that either an electric fire well be
installed, 8" piping, capable of producing 350 GPM, with gravel packed 20' screen or the
installation of a 10,000 GAL fiberglass tank, with 6"standoffpiping for connection to fire
equipment.
Sincerely,
Board of Fire Commissioners
Oriem Fire District
Edward G. Loper
Secretary/Treasurer
Orient Fire District
South ! Town
Planning Board
23300 Main Road . Oriem, NY 11957 . (631)323-2445 , Fax(631)323-9706
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
ROBERT J, GAFFNEY
SUFFOLK COUNTY EXECUTIVE
September 18, 2001
THOMAS iSLES, AICP
Mr. Bennett Orlowski, Jr., Chairman
Town of Southold Planning Board
Main Road
Southold, New York 11971
Re:
Tax Map No.:
SCPD File No.:
Todd Buchanan Memorial Trust
1000-13-2-7.8
S-SD-01-04
Dear Mr. Orlowski:
Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative
Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning
Commission is considered to be a matter for local determination. A decision of local determination should
not be construed as either an approval or disapproval.
The Department offers the following remark pursuant to Suffolk County Planning Commission
Policy:
The Building Area for lot 1 and other parcels to the north should take access from the paved tap
street (Hill Crest Drive N.) adjacent and to the west of the subject parcel.
Sincerely,
Thomas Isles, AICP
Andrew P. Freleng, AICP ' ~
Principal Planner
APF:cc
GACCHORNY~SUBDI'V~LD2OOI~SEPT~SD01-3AUG
Soutt,,,l Town
Planning Board
LOCAIAON MAILING ADDRESS
H. LEE DENNISON BLDS, - 4TH FLOOR · P. O. BOX 6 I00 · (5 I 6) 853-5 190
I O0 VETERANS HEMORIAL HIGHWAY HAUPPAUGE, NY ~ 1788-0099 TELECOP[ER (5 I 6) 853 4044
PLANNL~IG BOARD MEMBERS
BENNETT ORLOWSK~, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 11, 2001
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
RE:
Proposed Set-Off for Todd Buchanan Memorial Trust/Zimmer
SCTM # 1000-13-2-7.8
Dear Mr. Zimmer:
The following took place at a meeting of the Southold Town Planning Board on Monday,
September 10, 2001:
The final public hearing was closed.
The following resolution was adopted:
WHEREAS, this proposed subdivision is for 2 lots in the R-80 zone on 17.5 acres
located on the north side of State Route 25, 382.44' east of Heath Drive, Orient; and
WHEREAS, this proposed subdivision will set off the existing residence and farm
buildings on a 2.49 acre lot and create a 15.04 acre lot from which 12 acres of
Development Rights will be purchased by Suffolk County and a building area of 80,421
square feet will be reserved; and
WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental
Quality Review Act, (Article 8), Part 617, conducted an uncoordinated review, declared
itself lead agency, made a determination of non-significance, and issued a Negative
Declaration on September 10, 2001; and
WHEREAS, a final public hearing was held (closed) on said subdivision application at
the Town Hall, Southold, New York on September 10, 2001; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; and
Zimmer - Pa,qe Two - 9/11/01
WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional final approval on
the maps, last amended on August 9, 2001, subject to the fulfillment of the following
conditions.
These conditions must be met within six (6) months of the date of this resolution:
1. Two mylars and five paper prints with the Health Dept.'s dated approval
stamp must be submitted.
2. A Park and Playground Fee of $5,000 must be paid.
3. Receipt of the Suffolk County Planning Commission report.
4. Review by the Orient Board of Fire Commissioners as to need for fire well.
5. A Declaration of Covenants and Restrictions on Lot 2 shall be filed stating
that there shall be no further subdivision of said lot.
The plans have been referred to the Town Engineering Inspector for drainage review,
and to the Orient Fire Department for a recommendation as to whether a fire well is
required. You will be notified if any drainage improvements are required, or if a fire well
is required.
The application has been forwarded to the Suffolk County Planning Commission for
review. You will be notified when the Planning Board receives the report from the
County.
The Planning Board has reviewed the property and has decided not to require a
reservation of land for park and playground use. Therefore, a cash payment in lieu of
land reservation will be required as per Section A106-38(e) of the Town Code. The
amount to be deposited with the Town Board shall be $5,000.00. Payment is required
prior to any final endorsement of the subdivision.
Please contact us if you have any questions.
· Very truly yours,
Bennett Orlowski, Jr.
Chairman
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICIZ--ARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination Non-Significant
September 10, 2001
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 conducted an uncoordinated
review and determined that the proposed action described below will not have a
significant effect on the environment and a Draft Environmental Impact Statement will
not be prepared.
Name of Action: Proposed set off for Frank B. Zimmer, to be known and filed as
Todd Buchanan Memorial Trust
SCTM#:
1000-13-02-7.8
Location:
North side of NY State Route 25, 382.44' east of Heath Drive,
Orient
SEQR Statue:' Type I ( )
Unlisted (X)
Conditioned Negative Declaration:
Yes ( )
No (X)
Description of Action: This proposed set-off is for 2 lots on 17.5449 acres.
Development Rights will be sold on 12 acres of Lot #1, which encompasses 15.0458
acres and will leave a building area of 80,421 square feet. Lot #2 has an existing
house, garage and outlying agricultural-related buildings.
Reasons Supporting This Determination:
Only one new buildable lot is being created, and the Iow density of development due to
the Development Rights Sale creates no environmental concern.
SEQR NeRative Declaration - PaRe Two
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.
For Further Information:
Contact Person: Valerie Scopaz
Address: Planning Board
Telephone Number: (631)765-1938
CC:
Roger Evans, DEC Stony Brook
Suffolk County Department of Health
Elizabeth Neville, Town Clerk
Applicant
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3. Service Ty~e
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-/OOO C_O~:~O ¢3C:)~-! "~ PS Form 3811, July1999
PS Form 3811, July 1999 Domestic Re~
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102595-(X)-M=
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PS Form 381 1, July 1999
Domestic Ri ,
PS Form 3811, July 1999
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[] Insured Mail [] C.O.D.
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2. A~ticle Number (Copy from service label)
PS Form 381 1, July 1999
Domestic Retum PS Form 3811, July 1999 Domestic Return Receipt 102595~x)-.~,
!
£
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4. F
Restricted Delivery? (Extra Fee) ri Ye=
Domestic Return Fb~ceipt
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PS Form 3811, July 1999 Domestic Return R~
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i ·
Complete cted De
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[] negmemd
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[] C.O.D.
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PS Form 3811, July 1999 Domestic Return Receipt
C
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WiLLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
,2001
Suffolk County Planning Commission
220 RabroDrive
P.O. Box 6100
Hauppauge, NY 11788-0099
Attention: Andrew Freleng, Principal 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:
Mapof: '/a~-,~">~-/ ~ . _ :.,,Hamlet/Locality:
S.C.D.P.W. Topo No.: ~oning:
S.C. Tax Map No.: 1000 - /_~ - ~,~- - ~. ~'
Major Sub. Minor Sub. ~ Site Plan Cluster
Lot Line Change
MATERIAL SUBMITTED:
Preliminary Plat (3 copies)
Road Profiles (1)
Drainage Plans (1)
Topographical Map (1)
Site Plan (1)
Grading Plan (1)~
Other materials (specify and give number of copies)
Waiver of Subdivision Requirements - See attached sheet
Page 2
Southold Town Planning Board Referral
Referral Cdteda:
SEQRA STATUS:
1. The project is an (/~ Unlisted Action ( ) Type I Action
( ) Type II Action
2. A
(~) Negative Declaration
Positive Declaration
( ) Determination of Non-significance
has been adopted by the Planning Board.
3. E.I.$. statement enclosed. (') Yes
(X3 No
4. The proposed division has received approval from the Suffolk County Department
of Health. ( )Yes ~X')No
Comments:
We request acknowledgement of receipt of this referral ( ) Yes
()No
Referral received
Commission and assigned File No.
2001 by the Suffolk County Planning
Sincerely,
Bennett Orlowski, Jr.
Chairman
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMEP~
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICI-IARD CAGGIANO
O
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 7, 2001
Cynthia Caprise, Secretary
Orient Fire District
23300 Main Road
Orient, New York 11957
Dear Ms. Caprise:
Enclosed please find one (1) survey, dated August 9, 2001, for
the Set-off for the Todd Buchanan Memorial Trust, c/o Frank Zimmer
SCTM# 1000-13-2-7.8
O
The enclosed site plan is being referred to you for fire access
review and for your recommendations as to whether any fire-
wells are needed. Please specify whether firewells are shallow
or electric.
The enclosed subdivision is being referred to you for-your
recommendation at to whether any firewells are needed.
Please specify whether firewells are shallow or electric.
Thank you for your cooperation.
Sincerely,
Town Planner
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
by placing the Town's official poster notices(s) within 10 feet of the front property
line facing the street(s) where it can be easily seen, and that I have checked to be
sure the poster has remained in place for seven days prior to the date of the public
hearing on /~ ~-r-/2.~ ,
I have sent notices, by certified mail, the receipts of which are attached, to the
owners of record of every property which abuts and every property which is across
from any public or private street from the above mentioned property
F~-~ ~' ~
Your name (print)
Signature
Ad dress
Date
/
KENNETH J. MOLLOY
Notary Public, State of New York
No. 4955522
Qualified in Suffolk County
Commission Expires Sep[ember S,
PLEASE I~EI-lJ,~N 77*/I$,4FFIl)/IFlI-,4ND ¢££TIREI) MAll I~ECEIPT..c ON lEE DAY OF.
0,~ ,4 T THE PUg[lC HEA,~/N~;
Re: Set-Off for Todd Buchanan Memorial Trust c/o Frank Zimmer
SCTM#: 1000-13-2-7.8
Date of Headng:Mon., Sept. 10, 2001, 6:15 p.m.
~'i 6EP O~ 2001 ~
Southold Town
Planning Board
Postage
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KEHNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIAHO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public
hearing will be held by the Southold Town Planning Board, at the Town Hall, Main
Road, Southold, New York in said Town on the 10th day of September, 2001 on the
question of the following:
6:10 P.M. Public Hearing for the proposed lot line change of Joyce Monk & James
Brown. The property is located on Oak Street, 200 ft. north of Harbor Lane in
Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County
Tax Map Number 1000-136-1-52 & 53.
6:15 P.M. Public Hearing for the proposed set-off of Todd Buchanan Memorial Trust
c/o Frank Zimmer. The property is located on the north side of SR 25, 382.44 ft. east of
Heath Drive, opposite Narrow River Road in Orient, Town of Southold, County of
Suffolk, State of New York. Suffolk County Tax Map Number 1000-13-2-7.8.
Dated: 8/23/01
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Bennett Orlowski, Jr.
Chairman
PLEASE PRINT ONCE ON THURSDAY, AUGUST 30, 2001 AND FORWARD ONE (1)
AFFIDAVIT TO THIS OFFICE, THANK YOU.
COPIES SENT TO:
The Suffolk Times
The Traveler Watchman
P.O. Box 1179
53095 Route 25
Southold, NY 11971
Phone: (631) 765-1938
Fax: (631) 765-3136
E-Mail: planning@southold.org
To= Christina Weber, The Suffolk From.- Valerie Scopaz/Carol
Times
Fax: Pa~es: 2
m.,.~ o~.: 8/23/01
~: Legal Ad for 8/30/01 Edition cc:
U~gent For Review Please Comment Please Reply As Requested
Please print the following legal ad in the August 30th Edition. Thanks.
6:10 p.m. Joyce Monk/James Brown Lot Line Change
6:15 p.m. Todd Buchanan Memorial Trust/Zimmer Set-Off
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Cho~rman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
LEGAL NOTICE
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public
hearing will be held by the Southold Town Planning Board, at the Town Hall, Main
Road, Southold, New York in said Town on the 10th day of September, 2001 on the
question of the following:
6:10 P.M. Public Hearing for the proposed lot line change of Joyce Monk & James
Brown. The property is located on Oak Street, 200 ft. north of Harbor Lane in
Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County
Tax Map Number 1000-136-1-52 & 53.
6:15 P.M. Public Hearing for the proposed set-off of Todd Buchanan Memorial Trust
c/o Frank Zimmer. The property is located on the north side of SR 25, 382.44 ft. east of
Heath Drive, opposite Narrow River Road in Orient, Town of Southold, County of
Suffolk, State of New York. Suffolk County Tax Map Number 1000-13-2-7.8.
Dated: 8/23/01
BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD
Bennett Orlowski, Jr.
Chairman
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York
being duly sworn, says that on the 24th day of August, 2001 she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit: Town
Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, $outhold, New
York.
9110101 Regular Meetin,q:
6:10 p.m. Public Hearing for the Lot Line Change of Joyce Monk & James Brown,
S CTk,1~1000-136-1-52 & 53
6:15 p.m. Public Hearing for the Set-Off of Todd Buchanan Memorial Trust c/o Frank
Zimmer, SCTM~1000-13-2.7.8
Carol Kalin
Secretary, Southold Town Planning Board
Sworn to before me this
~. 'Y day of ~_-,..~,...~z~, 2001.
Notary Public
tm~ NE/-~E D. I~OFtt, lE
rY Pub..lie, Stete of NlM yo(~
Quellfie~' 4861364 in Suffolk
pursuant to Set, on 2?6 of ~ ~
~w, a public ~g ~ ~ ~d by ~
~d To~ P~g B~ ~ ~
T~n ~ ~ ~ S~ld, New
Y~ ~ ~dT~ ~ ~ 1~ ~y ~
~, ~1 on ~ ~on of ~e
~ ~ of P~cia Ru~ &
'To~ ~ S0u~ ~un~ of Suffo~,
S~ of New Y~ Suffo~ ~nty T~
M~ N~ 1~7-5.
6~ p.~ ~b~ H~g f~ ~ ~
~ I~ ~ ~e of J~ ~v~.~
~ ~ 1~ ~ ~ ~ si~ of
~,~2*~of~
~ ~ ~ S~I~ County
ofS~ S~ of New Y~ Suffo~
~n~ T~ M~ Num~ 1~5~5
& 45-1-9.
~: ~17/10
BY O~ OF ~
SO~O~ ~
P~G BO~
~ ~lowsM, Jr.
Ch~
2027-1TAu30
STATE OF NEW YORK)
)SS:
~,-,,~n-v~co,,=c~,v~/~,~~,) of Mattituck, in said
county, q~eing duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weeldy newspaper, pub-
lished at Mattituck, in the Town of Southofd, County of
Suffolk and State of New York, and that the Notice of which
the annexed is a pdnted copy, has been regularly pub-
lished in said Newspaper once each week
for ~ weeks successively, commencing
on . , the ~ day
of 'A't4.gq,t~ 20 ~1 _.
~ .~Q~J~ ~lified in Suff0~ C0~y /")1 nnopa
Corn,~L ~ion E~pkes D6cember 13, ~._~_,
Sworn to before me this.
dayof .~C1,4 ,,{~-c"~L'' 20
NOTIC~ IS ~y GIVEN th~
pursuant to Section 2/6 of the Town
Law, a public hearing wlil be held by thc
Southold Town planning Board, at thc
Town H~I. Main Read, Sm~thold, New
Ye~k in said Town on the 10~h day of
September, 2001 on the question of the
following:
6:10 p.m. Public Hearing for the pro-
posed lot line change of Joyce Monk &
James Brown. The pro.ny is located
on Oak SIx~. 200 IL north of Hailer
Lane in Cutchogue, Town of Soothoid,
County of Suffolk, State of New York.
Suffolk County Tax Map Number 1000-
136-1-52 & 53.
6:15 p.m. Public Hearing for the pro-
posed set-off of Todd Buchanan
Memorial Trust c/o Pxamk ~The
property is located on the no~h side of
SR 25. 382.44 it. east of Heath Dfiw
opp~ite Narrow River Road in O~ient.
l~wn of Southold, County of Suffolk,
State of New YOd~. Suffolk County Tax
blap Number 1000=13-2~?.8.
Dated: 8/23/I0
BY ORDER OF THE
SOUTHOLD TOWN
PLANNING BOARD
Bennott Odowski, Jr.
Oaa~nan
.~0,28.1 TAu30 '
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
coun~oe, !/~J-J-~ of Mattituck, in said
ing duly sworn, says that he/she is Principal
clerk of THE SUFFOLK TIMES, a weekly newspaper, pub-
lished at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, and that lhe Nolice of which
the annexed is a printed copy, has been regularly pub-
lished in said Newspaper once each week
for j weeks successively, commencing
on the ~ day
of
CHRISTINA T.~3ER
Notary Pub~m, S~e 0! New Yo~ ~~~1.,~_~
No. 01WE603~55~ ~' ( ~.~-['-~'-~
Q~althed ~n Saflok C0~r~y
Swom to before me this
day of ~ ~ o,1 ~c~,,'P
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 23, 2001
Mr. Frank Zimmer
P.O. Box 355
Orient, NY 11957
RE: Proposed Set-Off for Todd Buchanan Memorial TrustJZimmer
SCTM # 1000-13-2-7.8
Dear Mr. Zimmer:
The final public hearing on the maps, dated August 9, 2001, will be held on Monday,
September 10, 2001 at 6:15 p.m. at the Southold Town Hall.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to
the Town's notification procedure. The notification form is enclosed for your use. The
sign and the post will need to be picked up at the Planning Office, Southold Town Hall.
Please return the endorsed Affidavit of Posting, proof of certified mailing, and the signed
green return receipts from the certified mailings on the day of the public hearing before
4:00 p.rn. Please also return the sign and the post to the Planning Office after the
public hearing.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Bennett Orlowski, Jr. ~-~_
Chairman
encl.
Southold Town Plannin,q Board
Notice to Adiacent Property Owners
You are hereby given notice:
1. That the undersigned has applied to the Planning Board of the Town of
Southold for a set-off;
2. That the property which is the subject of the application is located adjacent to
your property and is described as follows: SCTM#1000-13-2-7.8;
3. That the property which is the subject of this application is located in the R-80
Zoning District.
That the application is to subdivide a 17.5 acre parcel to set off a 15.04 acre
farm lot from which 12 acres of Development Rights will be sold and 3 acres
retained for a residential building site. The property is located on the north side
of SR 25, 382~44 ft. east of Heath Drive, opposite Narrow River Road in Orient.
That the files pertaining to this application are open for your information during
normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have
any questions, you can call the Planning Board Office at (631)765-1938.
That a public hearing will be held on the matter by the Planning Board on
September '10, 200! at 6:15 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's Name(s): Todd Buchanan Memorial Trust c/o Frank Zimmer
Date: August 23, 2001
AFFIDAVIT OF POSTING
This is to serve notice that I personally posted the property known as
by placing the Town's official poster notices(s) within 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, the receipts of which are attached, to the
owners of record of every property whlch abuts and even/property which is across
from any public or private street from the above mentioned property
on
Your name (print)
Signature
Address
Date
Notary Public
PLEASE £EIZI£N THIS AFFIDA VIT AND CE£IIFIED MAI1 £ECEIPT.,c ON THE DAY OF.
0£ AT THE PUBLIC HEA£1NG
Re: Set-Off for Todd Buchanan Memorial Trust c/o Frank Zimmer
SCTM#: 1000-13-2-7.8
OateofHearing:Mon., Sept. 10, 2001, 6:15 p.m.
§ 58-1 NOTICE OF PUBLIC HEARING § 58-1
Chapter 58
NOTICE OF PUBLIC HEARING
§58-1. Providlng notice of public hearings.
[HISTORY: Adopted by the Town Board of the Town of
Southold 12-27-1995 as L.L. No. 25-1995. Amendments
noted where applicable.]
§ 58-1. Providl-g notice of public hearings.
Whenever the Code calls for a public hearing, this section
shall apply. Upon determining that an application is complete,
the board or commission reviewing the same shall fix a t/me
and place for a public hearing thereon. The board or commission
reviewing an application shall provide for the giving of notice:
A. By causing a notice giving the time, date, place and
nature of the hearing to bo published in the official
newspaper within the peried proscribed by law.
B. By requ/ring the applicant to erect the sign provided by
the town, which shall be prominentiy displayed on the
promises facing each public or private street which the
property involved in the application abute, giving notice
of the application, the nature of the approval sought
thereby and the time and place of the public hearing
thereon. The s/gn shall be set back not moro than ten
(10) feet from the property line. The sign shall be
displayed for a period of not less than seven (7) days
immed/ately pveeodinE the date of the public hearing.
The applicant or his/her agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners
of record of every property which abuts and ~
property which is across from any public or p~/vate street
5801
TODD BUCHANAN MEMORIAL TRUST
C/O FRANK ZIMMER
SET-OFF FOR TODD BUCHANAN
MEMORIAL TRUST, C/O F. ZIMMER
1000-13-2-7.8
Proposal to subdivide a 17.5 acre parcel to set off a 15.04 acre
farm lot
MON. - SEPT. 10, 2001 - 6:15 P.M.
ALLAN D, GR£C:CO
DIVISION DIRECTOR
COUNTY OF SUFFOLK
ROBERT J. GAFFNEY
SUFFOLK COUNTY I='XE~CUTIVE
DEPARTMENT OF PLANNING
July 24, 2001
Kenneth Molloy, Esq.
74 Carleton Ave.
East Islip, NY 11730
Re:
JUL 2 7
Owner: Frank Zimmer
TM#: 1000-013-02-7.8
SUFFOLK COUNTY FARMLAND PRESERVATION PROGRAM
Southold Town
Planning Board
Dear Mr. Molloy:
I am pleased to enclose a fully executed contract with regard to
the sale of your client's development rights to the County of
Suffolk. In addition, you will also find a Combined Real Estate
Transfer Tax and Peconic Bay Region C.P.F. form. Please have your
client execute these forms and return them to my attention so that
we may record said contract.
We look forward to closing this matter soon. The County will
prepare the deed and all closing documents. If there is any
additional information you need, feel free to contact me.
CSW
Enclosure
Very truly~
Cheer Wrede
Land Management Specialist
Se~tder:
Subject:
Submission Wilhottt a Cover Letter
SCT_M#: l O00-
Date:
Comments:
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
June 11, 2001
FrankZimmer
29525Main Road
P.O. Box 355
Ofient, NYl1957-0355
RE: Application fee for set-off
SCTM# 1000-13-2-7.8
Dear Mr. Zimmer,
We are returning this check because of the old date. All of your application materials
have been submitted satisfactorily except for the new surveys. When the surveys are
ready, they can be submitted along with a new check for $250 to begin processing the
application.
Sincerely,
Craig Tumer
Planner
Submission Without a Cover Letter
SCTM#: tO00- t3- ~
Mr. Stephen M. Jones, Chairman
Suffolk County Farmland Committee
c/o Suffolk County Planning Department
H. Lee Dennison Building
Hauppauge, New York 11788
34 Admirals Drive East
Bay Shore, NY 11706
.lune 8, 2000
Subject: Offering to sell 12 prime acres of development rights to Suffolk Comity '
(Located in Orient, New York)
Dear Steve,
I would like to submit the following information with regards to the subject matter which will
bring you up-to-dale as to what we are striving for:
A)
On the 2nd of October, 1998 our 17~ acre farm was put up "for sale" by National Homefinders
on a six month contract period and never sold. Up to this dale the property is s611 not sold.
B)
My wife and I were optimistic that selling the 17~ acres would give us the funds to build our
new home on our 77 acre farm.
c)
We were very pleased with your letter of April 7, 1999 giving 0~'approval to build on our 77
acre farm and started plans to build just as soon as we could a~act a purchaser for the 17~ acres,
but to no avail.
D)
Frustrated with the situation, a few months ago I called Benny Orlowski (Chairman - Southold
Planning Department). I must say "Benny" is a person that smazes me, that you explain your
problem and he always comes up with a suggestion. He suggested tu call Tim Caulfield at the
Pecouic Land Trust which I did. Subsequently, I have met with Tim on thrce occ~sious (mice at
his office and once at the subject property). I also met Hoot Sherman and had a few phone
conversations with Hoot with regards to having the subject propen'y put on the list to have
Suffolk County consider purchasing the development fights.
E)
This letter will confirm both our desire tu maintain open space as well as to acquire necessary
funds to build on our other farm.
Thank you for your kind consideration and look forward to a favorable evaluation of the subject
property.
Sincerely,
Frank B. Zimmer
cc: file
Benny Orlowski
Tim Caulfield
Hoot Sherman
F/'2AHV__. B: Zl ,~ h-t EP.L
%..
',i
:~ -~c.G..O Tiff'LiE
APR 14 ZUUU
Southold Town
Planning Board
F
AF4E~
I
tk ¸
· ' 'N~AP... OF
HAY 15 2000'
Southo[d TCWi~'
Plarfn[n:g' E~O~tiJ[ , .'
LASER FICHE FORM
SUBDIVISIONS
Proiect Type: Set Offs
Status: Expired L
SCTM #: 1000 - 13.-2-7.8
Proiect Name: Zimmer, Frank
Location: The property is located on the north side of NY State Route 25,
382.44' east of Heath Drive in Orient.
Hamlet: Orient
Applicant Name: Frank Zimmer
Owner Name:
Zone 1: R-40
Approval Date:
PLAT Si.qned Date: /V~
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
Zone 2:
C and R's ·
Homeowners Association '
R and M Agreement:
Address:
County Filing Date:
Zone 3:
SCAN Date:
JAN ~ ~ 2~111
-%
f
d
M~F--: OV
%%
%~o~
JUL ~ ? 2001
Young & Young, Land Surveyors
400 Os~[~nder Avenue, l~iverhead, New York 11901
631-727--2303
Alden W. Young, P.E. & £.$. (1908-1994)
r
TOTAL AREA = 17,544-9 ACRES i[~
ZONING USE DISTRICT = RD0 RESIDEN~AL
· SUR~YOR'S CER~FICA~ON
PREPARED IN ACCORDANCE ~ ~E CODE OF PRACTICE FOR
LAND SUR~YS ADOPTED BY ~E NEW,YORK STA e6 ON
HOWARD W. YOUNG ,/__ g~-g
SURVEY PREPARED FOR
SUffOLK COUNTY FARULAND PROGRAU, PHASE V
At Orient, Town of Southold
Suffolk County, New York
County Tax Mop gl~trlct 1000 s*=tio. 15 e~o.k 02 Lot 7.8
ACQUISITION MAP
~aP PREPARED
JULY 12, 2001
SCALE 1" = 100' ~
dOB NO, 2001-0196 I OF 1
DWG, 2001_0196
G
TYPICAL PLOT PLAN
HOUSE HOUSE
ROAD
/
/
/
0o~
/
/
%%%%
&-
?
LOCATION MAP
?
SCALE: 1"=600'
AUG ! 3 2001
Southold Town
Planning Board
SUFFOLK COUNTY DEPARTMENT OF HEAL'RI SERVICES
HAUPPAUGE, N.Y.
DATE
V1TO A. MINFJ, P.E.
DIRECTOR. DI~ISION OF ENVIRONMENTAL QUAUT¥
Young, Land Surveyors
ENGINEER'S CERTIFICATION
· I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR
SEWAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED
BY ME OR UNDER MY DIRECTION, BASED UPON A CAREFUL AND
THOROUGH STUDY OF THE SOIL, SiTE AND GROUNDWATER
CONDITIONS, ALL LOTS. AS PROPOSED, CONFORM LK
COUNTY DEPARTMENT Of HEALTH SERVICES C
STANDARDS IN EFFECT,AS OF THIS DATE.
HOWARD W. YOUNG. N.Y.S. L-S, NO, 45895n
NOTE
TOTAL AREA = 17.5449 ACRES
· LOT 1 AREA -- 15.0458 ACRES
· LOT 2 AREA - ~4991 ACRES
· ZONING USE DISTRICT = R--BO RESIDENTIAL LOW DENSITY
· BEARINGS SHOWN HEREON ARE REFERENCED TO N.Y. STATE
PLANE COORDINATE SYSTEM - LONG ISLAND ZONE. LAMBERT
PROJECTION, 1927 NORTH AMERICAN DA~i~JM.
SURVEYOR'S CERTIFICATION
· THIS MAP WAS PREPARED UTIUZING BOUNDARY AND
TOPOGRAPHICAL SURVEYS MADE FOR SUFFOLK COUNTY FARMLAND
PROGRAM, PHASE V, COMPLETED BY US JULY 12, 2001
HOWARD W, YOUNG, N,Y.S. LS. NO. 45893
REPUTED OWNER
TODD BUCHANAN MEMORIAL TRUST
FRANK B. ZIMMER - TRUSTEE
P.O. BOX 355
ORIENT, NEW YORK 11957
"SET-OFF" PREPARED FOR
TODD BUCHANAN MEMORIAL TRUST
At Orient, Town of Southoid
Suffolk County, New York
County Tox Mep D,~:t 1000 s..~o. 15 e,o:~ 02 Lot 7.8
MAP PREPARED
AUG. 9, 2001
SCALE 1" = 100' 1
JOB NO. 2001-0512 OF 1
DWG. 2001_0196_2001 0312_set_off