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Home My WebLink About1000-125.-1-5.1SUBJECT-- PREMISES KEY MAP SCALE 1"=600' [] $ 08'07'48" E 37.61' TYPICAL PLOT PLAN (NOT TO SCALE) / LOT 3 CONSERVATON EASEMENT AREA No. 1 ~ (CONSERVATION EASEMENT TO SUPFOLK COUNTY) r CLUSTERED SUBDVSION OPEN SPACE AREA 51,4A5~ sq. ft./sq, ft. T~ ,77D.. CLUSTERED CONSERVATION SUBDIV15m~, PROPERTY OF THE JACOBY FAMILY LIMITED ~ITU~ T~l~ A T MATTITUCK PARTN r~r~._ TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK! S.C. TAX No. 1000-125-01-05 ' SCALE 1"=60' MAY 2, 2007 NOVEMBER 27, 2007 ADDED ADDITIONAL NOTES FEBRUARY 21, 2008 ADDED NEW SEPTIC SYSTEM ~ WELL ON LOT JANUARY 12, 2009 REVISED NOTES TOTAL AREA = 455,367 sq. ft. (TO TIE UNE) 10.454 ac. FEB 1 8 2009 I,. APPLICANT. JACOBY FAMILY LIMITED PARTNERSHIP 5055 KIRKUP LANE MATTITUCK, NEW YORK 11952 LOT 1 TOTAL AREA AB~Z90 sq. fl, AREA ) SUBDIVISION N 86'37'54" W / AREA No. ; TO TOWN OF 269.72' LOT 2 / "~..WETLAND ANEA 1,555 sq. ft. BLOC-BASLE ARE& ~,4,694 aq fi. BUILDING TEST HOLE No 2 ROAD TYPICAL SEWAGE DISPOSAL SYSTEM (No7 TO SCALE) SEPTIC TANK (1~ THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED BY THE pLANNING BOARD OF THE TOWN OF RIVERHEA9 BY RESOLUTION OF APPROVAL DATED CHAIRMAN pLANNING BOARD I hereby certify that the wdter supply(s) and/er sewege disposal system(s) for thls project were designed by me or under my direction, Dosed upon d coreful and thorough study of the soil, site and groundwdter lots, as proposed, conform to the Suffolk County Deportment of Health Serv~ Jords in effect as of this date. JUN z 7 2008 k~ACHING POOL APPROVED BY pLANNING BOARD TOWN OF $OUTHOLD NYS, Lic No, 50467 Nathan Taft Corwin III Land Surveyor Title Surveys -- Subdivldons -- PHONE (651)727-2090 OFFICES LOCATED AT 522 ROANOKE AVENUE RWERHEAB, New York 11901 Site Plons -- Construction Layout Fcx (631)727-1727 MAILING ADDRESS P.O. Box 1931 Riverhead, New York 11901-0965 27-09'r' r • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~~QF SO[/jyo Southold~NY 11971 MARTIN H. SIDOR ~0 l0 Chair - OFFICE LOCATION: WILLIAM J. CREMERS y y~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~0 54375 State Route 25 GEORGE D. SOLOMON 'M (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~COUtl I' Southold, NY Telephone: 631 765-1938 Fas: 631 766-3136 PLANNING BOARD OFFICE TOWN OF 50UTHOLD -April 14, 2009 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mc Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 13, 2009: WHEREAS, this proposal is for a conservation subdivision of a 10.454-acre parcel into three lots where Lot 1 equals 46,790 sq. ft..and the clustered subdivision open space of Lot 1 is equal to 34,777 sq. ft. and is located within Conservation Easement Area (3); Lot 2 equals 64,687 sq. ft., and the clustered subdivision open space of Lot 2 is equal to 35,306 sq. ft. of which 18,638 sq. ft. is located within Conservation Easement Area:(2) and Lot 3 is equal to 343,890 sq. ft. of which 291,209 sq. ft. is subject to a Suffolk County Conservation Easement and the remaining area consists of subdivision. open space; and WHEREAS, the Southold Town Planning Board granted Conditional Final Plat Approval on July 14, 2008 upon the map prepared by Nathan Taft Corwin III, L.S., dated May 2, 2007; and WHEREAS, the Southold Town Planning Board finds that all of the conditions of Conditional Final Plat Approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town. Code have been fulfilled by the applicant; be.it therefore ~ . Jacoby Family Limited Partnership Page Two April 14, 2009 RESOLVED, that the Southold-Town Planning Board hereby grantsfinal Plat Approval upon the map entitled "Clustered Conservation Subdivision For The Property Of The Jacoby Family Limited Partnership." The mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contacfthis office. Very truly yo~ugrs, '-1~, Martin H. Sidor Chairman Encls. cc: Building Dept. Assessors i i i CC # : C09-9578 ~~~r Y"~ x COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 03/09/2009 under Liber D00012582 and Page 362 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/09/2009 SUFFOLK C/O7UNT///Y~ CLERK ~U. drt.L ~~L. Y JUDITH A. PASCALE SEAL • ~ I IIIIIII IIII VIII VIII VIII (IIII VIII VIII (IIII IIII IIII I IIIIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type o£ Instrument: DECLARATION Recorded: 03/09/2009 Number of Pages: 9 At: 02:58:34 PM Receipt Number 09-0024632 LIBER: D00012582 PAGE: 362 District: Section: Block: Lot: 1000 125.00 01.00 005.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5.85 NO RPT $30.00 NO Fees Paid $120.85 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 1 Ef!:! i.r,,,Ef -_;_F:ra n;r i,q p.`.q,.,a?.d. phi Number of pages ~ Tudi th i~„ °as_,a CLERk; of TORRENS ~Iiffi3Lk: Ci~!Jhll'':r Serial # f L r;n001E?2 q p .~n_ Certificate 1 Prior Ctf. # Deed / Mortgagq Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Page /Filing Fee ! Mortgage Amt. - Handling ~ i 1. Basic Tax i - TP-584 2. Additional Tax Notation Sub Total _ EA-52 17 (County) -Sub Total Spec.(Assit. EA-5217 (State) Or - l Spec. /Add. RP.T,S.A. ~0 c ~t I TOT. MTG, TAX _ Comm. of F.d. 5 t~ ~y ! Dual Town Dual County ~ ' ~ Held for Apportionment Affidavit _ + ' _ - . Transfer Tax _ Certified Copy> ~ by ~ Mansioh Tax The property covered by this mortgage is or Reg. Copy g.S will be Improved by a one or two family IS' Sub Total dwelling YES or NO Other l p.~ GRAND TOTAL o ~ j If NO, sea appropriate tax clause o pa # of this instrument. ~ D 5 Real Property Taz Service Agency Verification b Corntrlunity Preservation Fund Dist. Section Block Lot Consideration Amount $ Stamp 1000 12500 0100 005001 CPF Tax Due $ Date F2 SPA A Improved 09-MAR-0 Initials Vacant Land y Satisfactions/L,~..,,ae..~,..,.,..~,.,,...~,...,r,,..~ ...................b.......ess TD RECORD & RETURN T0: TD Wickham, Bressler, Gordon & Geasa, P.C. TD P.O. Box 1424 Mattituck, New York 11952 s Title Company Information Co. NamaC7-~ L? Title # ?j f . ~,~r-per' 9 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made 6y: (SPECiF'Y TYPE OF INSTRUMENT ) The premises herein is situated in JACOBY FAMILY LIMITED PARTNERSHIP SUFFOLTC COUNTY, NEW YORK. TO In the Township.of $oUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of ` MATTITUCK BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this ~ "day of July, 2008, by JACOBY FAMILY LIMITED PARTNERSHIP, a New York Limited Partnership with offices at P.O. Box 1560, 3055 Kirkup Lane, Mattituck, New York 11952; referred to as the Declarant. WHEREAS, the Declazant is the owner of certain real property located at 3055 Kirkup Lane, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-125-1-5.1, more particulazly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declazant has made an application for and has received conditional approval from the Planning Boazd of the Town of Southold for a subdivision of the Property into two (2) pazcels, as shown on map of "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", prepared by Nathan Taft Corwin, III, dated May 2, 2007, last revised Feb. 21, 2008. which map will be filed in the office of the Suffolk County Clerk (the Map); and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Plamiing Boazd has deemed into 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 upon the Property, and as a condition of said approval, the Plaiming Board has required that the within Declaration be recorded iu the Suffolk County Clerk's Office, and WHEREAS, prior to the filing of the subdivision map in the Suffolk County Clerk's Office, the Declazant shall record a Conservation Easement to Suffolk County encumbering the Conservation Easement Area shown on the subdivision map, encompassing all of Lot 3 on the Map; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declazant and subsequent owners of said pazcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: I. All future property owners/residents of the lots located on the Property are hereby noticed that they may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXI, Farmland Bill of Rights, of the Code of the Town of Southold. 2. Access to Lot 2 shall be from the 16' -wide right-of--way over Lot 1 as shown on the Map and will be subject to the terms of an access easement that will be recorded in connection with this subdivision. 3. No further subdivision of any of the lots reflected on the subdivision map referenced above shall be allowed, in perpetuity, except to effectuate the conveyance of a trail in accordance with Paragraph l4 of this Declaration. 4. All utilities servicing the Property shall be located underground. 5. The clustered subdivision open space azea of Lot 1 equals 34,777 sq. ft. and is within the Conservation Easement Area of Lot 3; the cluster subdivision open space azea of Lot 2 equals 35,306 sq. ft.; of which l 8, 638 sq: ft. is located within the Conservation Easement Area on Lot 2 granted herein and the remaining 16,668 sq. ft. is located within the Conservation Easement Area of Lot 3; and the total clustered open space on the Map equals 70, 083 sq. ft. 6. Any and all changes to the lot lines of any of the lots shown on the Map shall require approval by the Planning Boazd of the Town of Southold. 7. All storm water runoff resulting from the development of any of the lots shown on the Map shall be retained on site and shall be the responsibility of each property owner Gutters, leaders and subsurface drywells shall be installed in connection with such development to contain surface runoff. 8. Prior to any construction activity on any of the lots within the Property, the construction project will require a General Permit for the storm water run-off from construction activity (GP-02- O1) administered by the New York State Department of Environmental Conservation under Phase ll State Pollutant Dischazge Elimination System (SPDES) Program. 9. No storm water run-off resulting from the development and improvement of any of the lots shown on the Map shall be discharged into the wetlands or Laurel Lake in any manner. 10. In the event that both a) the Open Space Conservation Easement granted to the Town of Southold encumbering the Conservation Area shown'on part of Lot 2 of the Map and b) the Conservation Easement granted to the County of Suffolk on Lot 2 are not recorded in the Suffolk County Clerk's Office, the Planning Board's approval of the subdivision shall no longer be valid. 11. The Town of Southold Building Department shall not issue building permits for any of the lots on the Map until both of the aforesaid Conservation Easements are recorded in the Suffolk County Clerk's Office. 12. The Property is located within the Town of Southold Special Groundwater Protection Area, and, as such, the following is required to further and meet the policies of the Local Waterfront Revitalization: i. The use of synthetic herbicides, pesticides and fertilizers is prohibited. ii. The Declarant covenants that a 100 foot wide Non Disturbance, vegetated buffer area shall be established from the Laurel Lake wetland line landward for a distance of 100 feet on Lots 1 and 2. It is hereby understood that the 100 foot Non Disturbance, vegetated buffer is intended to preserve the existing trees and natural growth to protect the water quality of Laurel Lake, and to provide critical habitat and erosion control. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer aze limited to (a) the removal of dead, diseased trees that are hazazdous to life or property, such trees to be replaced with native species; (b) window pruning of the tree branches in order to preserve the existing view shed of Laurel Lake from the existing residences, such pruning to be limited so as not to result in the death of the tree; and (c) mowing of the existing grass path as depicted on the final plat. Notwithstanding the above, the Non Disturbance, vegetated buffer azea may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. 13. Pursuant to Section 240-49, "Clearing of the Southold Town Code", clearing of existing vegetation upon Lot 1 shall be limited to 50 percent of the total lot area. Clearing of existing vegetation upon Lot 2 (excluding Conservation Easement Area granted to Town of Southold) shall be limited to 35 percent of the total lot area. For the purposes of meeting this requirement, the 100 foot Non Disturbance vegetated buffer shall be attributable to compliance with this requirement. 14. The Declarant reserves the right to bargain, sell and convey a 10 foot easement or parcel to the Town oC Southold, or a designee thereof, along part of the outer perimeter of Lot 3 for a Walking 4 Trail, on such terms as the parties may agree, provided same complies with the terms of the Conservation Easement on Lot 3 granted to the County of Suffolk. Exeept as otherwise specified herein, these-covenants and restactions maybe terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. mil' ` . The within Declazation is made subject to the provisions of all laws required bylaw or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. - IN WITNESS WHEREOF, the Declazantabove named has executed the foregoing Declazation on the day and yeaz first above written. JACOBY FAMILY LIMITED PARTNERSHIP ' 'fred refines, 'Jeneral Partner By Ru sel n Partner BY U~~~ Lauren Jacoby, General Partner STATE OF NEW YORK, COUNTY OF SUFFOLKas.: On the 31 ~ day of July, in the year 2008, before me, the undersigned, personally appeazed Winifred Breines, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her si nature on the instrument, the individual, or the person upon behalf of which the individual acte ex ute~d/t/he instrument. I"(~ %~P~-~-~-- Si ature and Office of Individual Taking Acknowledgment DONNA McGAHAN Notary Public, State of New York No. Ot MC4851459 Cuallfied In Suffolk Co18tY~ Commisslon Expires Aug. STATE OF NEW YORK, COUNTY OF SUFFOLK:ss.: r_ On the day of July, in the yeaz 2008, before me, the undersigned, personally appeazed Lauren Jacoby, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, erxecuted the instrument. Signa ure and Office of Individual Taking Acknowledgment Notary PublicAS at to a o{ N~xr 1~rk Qua (tied in Suffo5k4County Commisalon Expires Aug, yg~ ~g ZO/D STATE OF CALIFORNIA, COUNTY OF 2,S ss.: On the day of , in t e yeaz 2008, before me, the undersigned, personally appeazed Russell Jac y, p sonally 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 sa a in.his capacity, and that by his signature on the instrument, the individual, or the person upo behalf of which the individual acted, executed he i strument, and that uch individual made su' appe ance befo the dersign in =-k¢_c~.~ ~`F ~5 Vl 6 ~ ~ in the State o fo a. ~~rr~r~~i Fpj 670g08~~'S ~~=otPaY P~s~~~ Signature and Office of Individ al ~ ~ ~ _ Taking Acknowledgment ~`~a~q,/ ~ C- - I ~ ~~o~gN'rtiFOa~o~~~ Re%&r l'ac i GELES G~' Pl ° FkPIRES~ ~a . SCHEDULE"A" • DECLARATION OF COVENANTS AND RESTRICTIONS Description of Property shown on Conservation Subdivision Map for the Jacoby Family Limited Partnership Suffolk County Tax Map No.1000-125-i-5.1 ALL that certain plot,. piece or parcel of land,.with the buildings.and improvements-thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New Yotk, designated as "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", being more particulazly bounded and described as follows: BEGINNING at a point at the intersection of the easterly line of a 16 foot right of way with the northerly line of Lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; Running thence northeasterly along lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 204:66 feet to the southerly side of Laurel Lake; Running thence southeasterly along a tie line course on the southerly side of Laurel Lake the following four (4) courses and distances: 1. South 47 degrees 16 minutes 54 seconds East, 29.39 feet; 2. South 56 degrees 29 minutes 32 seconds East, 70.00 feet; 3. South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4. South 65 degrees 23 minutes 56 seconds East, 70.80 feet to lands now or formerly of the Town of Southold; Running thence southwesterly along lands now or formerly of the Town of Southold the following five (5) courses and distances: 1. South 20 degrees 17 minutes 30 seconds West, 273.21 feet; 2. South 35 degrees 57 minutes 00 seconds West, 89.30 feet; 3. South 42 degrees 24 minutes 40 seconds West, 133.40 feet; 4. South 47 degrees 51 minutes 15 seconds West, 219.90 feet; 5. South 46 degrees 40 minutes 10 seconds West 355.00 feet to lands now or formerly of the County of Suffolk; Thence northwesterly along said aforementioned land, the following two (2) courses and distances: 1. North 20 degrees 54 minutes 25 seconds West, 665.60 feet; 2. North 20 degrees 59 minutes 30 seconds West, 100. l 8 feet to other lands now or formerly of the Cowtty of Suffolk; Thence northeasterly along lands now or formerly of the County of Suffolk and lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point or place of BEG[NNING. TOGETHER WITH a right of way in common with others l6 feet in width for ingress and egress from Sound Avenue to said premises, known as Kirkup Lane. re srhujncob~ cR-r' . ~ CC # : C09:-4280 J 4''' , ~1 in ~'s-3 ~ COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 1, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 02/02/2009 under Liber D00012579 and Page 381 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/02/2009 SUFFOLK COUNT//Y~~ CLERK ~u Q. {ia ~ o JUDITH A. PASCALE SEAL IIIIIIIIIIIIVIIIVIII IIIIIIIIIIVIIIVIIIVIII IIII IIII 111111 VIII (IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 02/02/2009 Number of Pages: 9 At: 10:49:38 AM Receipt Number 09-0009597 TRANSFER TAX NUMBER: 08-14742 LIBER: D00012579 PAGE: 381 District: Section: Block: Lot: 1000 125.00 01.00 005.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $5.85 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $125.65 TRANSFER TAX NUMBER: 08-14742 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 ~ 3 Number of pages ~ ' ' TORRENS ; ~o- Serial # j Certificate # ~ Prior Ctf. # Deed /Mortgage Instrument Daed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Page /Filing Fee ! Mortgage Amt. _ Handlin ~ I _ 1. Basic Tax _ TP-58 ~ 2. Additional Tax _ Notation n Sub Total _ EA-52 17 (County) Sub Total ~ y Spec.(Assit. Or EA-5217 (State) Spec. /Add. _ RP.T•S.A. ~ ~ TOT. MTG, TAX _ Comm. of Ed. 5 Q(~ ~y ; Dual Town Dual County ~ Held for Apportionment Affidavit ~ + . Transfer Tax _ ' Certified Copy ~ ~ ~ Mansion Tax ~'S The property covered by this mortgage is or Reg. Copy will bo improved by a one or two family Sub Total GCS dwelling only. Other ~ ~ YES or NO GRAND TOTAL ' { If NO, see appropriate tax clause on page # j of this instrument. 5 Real Property Tax Service Agency Verifica 'on 6 Corruntuuty Preservation and 1000 12500 0100 005001 • Consideration Amountnt $ Stamp 11 P T S CPF ax Due 5 R EMC A Date py~Eg-0g Improved Initials scant Land ~ Satisfactions/Dischazges/Raleases List Property Owners Mailing Address TD RECORD & RETURN TO: TD WICRHAM; BRESSLER, GORDON 6 GEASA, P.C. P.O. BOX 1424 TD MATTITUCK, NY 11952 s Title Company Information Co. Name 7--~ ~ Title # ~ Vi=n ~ ~ ~ 9 Suffolk Coun Recordin & Endorsement Pa e This page forms part Of the attached. GRANT OF OPEN SPACE CONSERVATION EASEMENT made by: i`:Y/~ (SPEQFY TYPE OF INSTRUMENT' ) . The premises herein is situated in JACOBY FAMILY LIMITED PARTNERSHIP SUFFOLK COUNTY, NEW YORK TO In the Township Of SOUTHOLD TOWN OF SOUTHOLD , In the VILLAGE Or HAMLET Of MATTITUCK BOXFS 5 TI-IRU 9 MUST BE TYPED OR PRINTED IN BLACK 1NK ONLY PRIOR TO RECORDING OR FILING. GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS indenture made this ~g day of August, 2008, by and between JACOBY FAMILY LIMITED PARTNERSHIP,~a New York Limited Partnership with offices at P.O. Box 1560, Mattituck, New York, 11952, (hereinafter "Grantor") to the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 10,454 acres of land identified by Suffolk County Tax Map number 1000-125-1-5; located at'~5055 Kirkup Lane, Mattituck, Town of Southold, Suffolk County, New York, said land being depicted on a certain map prepared by Nathan Taft Corwin, III, L.S., entitled "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership" dated May 2, 2007, last revised Februazy 21, 2008, (the Map) which has received Conditional Final Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as "the Premises"; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Section 240-10(3)(6) of the Subdivision Code of the Town of Southold (the Code) requires that Conservation Subdivisions are required to preserve a minimum of 80% of buildable lands within the subdivision in perpetuity; and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that all of Lot 3 on said Map be encumbered by a Conservation Easement, held by the County of Suffolk, which easement is described in Conservation Easement between Grantor and the County of Suffolk to be recorded in the Suffolk County Clerk's Office; and which azea is designated on said Map as Conservation Easement to Suffolk County, and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that an 18,638 squaze foot portion of Lot 2 on said Map be encumbered by a Conservation Easement, which azea is designated on said Map as Conservation Easement Area No. 2 (Conservation Easement to Town of Southold) and is more fully described in Schedule B (referred to herein as "Open Space Area"); and WHEREAS, the parties recognize the environmental, natural, scenic, open space and/or agricultural values of the Open Space Area and have the common purpose of preserving these values; and WHEREAS, the Grantor has agreed to grant to the Grantee a Conservation Easement in the Open Space Area as described herein in order to protect the natural habitat of the wildlife and the ecosystems within such area and to preserve the open space character of the area; NOW THEREFORE, IN CONSIDERATION OF Ten ($10.00) Dollars and other good and valuable consideration between the parties, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: 1. GRANT OF CONSERVATION EASEMENT. The Grantor does hereby grant, transfer and convey to the Town of Southold, a conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the Open Space Area designated within Lot 2 on said Map as "Conservation Easement to Town of Southold". 2. CLUSTERED OPEN SPACE AREA UNDER SECTION 240 OF THE CODE. Pursuant to Section 240 of the Code, Lots 1 and 2 are clustered to an area of less than the 80,000 minimum squaze footage required by the Code. Accordingly, a. the clustered open space azea of Lot 1 is equal to 34,777 square feet and is included within the Conservation Easement Area of Lot 3; b. the clustered subdivision open space area of Lot 2 is equal to 35,306 square feet of which 18,638 squaze feet is located within the Conversation Easement Area of Lot 2 granted herein and the remaining 16,668 square feet is located within the Conversation Easement Area of Lot 3; and c. the total clustered open space is equal to 70,083 squaze feet. 3. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible except for the restrictions set forth herein, without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 4. CONSERVATION EASEMENT. Grantor agrees to the following prohibitions and restrictions within the Open Space Area: a. Structures. No structures or improvements may be erected or constructed on the Property unless specifically permitted by this Easement. All other structures and improvements, permanent or temporary, on, over or under the Open Space, are prohibited. b. Subdivision. There shall be no further subdivision, division or paztitioning of the Open Space Area or any other portion of the Premises (except in connection with the creation of a Trail Easement, if any, approved by the Town of Southold). c. Grantor shall have the right to mow the meadow azea to maintain the meadow, to maintain and cultivate the 85 foot by 100 foot gazden area within the Open Space Area noted on the subdivision map, to create and use non-paved walking trails, picnic areas and similaz low-impact passive recreational uses, and to construct a garden shed, not to exceed 100 squaze feet, and fences to protect the garden azea. Grantor may remove dead and diseased trees, shrubs and branches and invasive and noxious species such as poison ivy, bittersweet, and mile-a-minute weed (polygonum perfoliatum). Excluded from these permitted uses aze all other structures not specifically identified as allowed in this Easement, paved azeas, tennis courts, swimming pools, off-road vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similaz in character and potential impact as 2 determined by the Planning Board. Fences must not block or detract from the scenic views important to the community. The meadow shall be maintained as a meadow, not as a lawn area. Only organic herbicides and pesticides and fertilizers shall be used on the Open Space Area. d. Laurel Lake is a Town of Southold Special Groundwater Protection Area, and as such, to protect the surface and sub-surface water quality of the area, the use of synthetic herbicides, pesticides and fertilizers is prohibited, including, without ?imitation, in the garden area. e. Mining. The excavating or filling of the Open Space Area is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Open Space Area be changed except for purposes of erosion control and soil management, which removals and/or changes shall not be made without the prior written consent of the Planning Board and other applicable regulatory authorities. £ Dumping. The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Open Space Area is prohibited. g. Signs. The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic chazacter of the Open Space Area and only for any of the following purposes: (a) to post the Open Space Area to control unauthorized entry or use, or (b) to announce Grantee's Conservation Easement. Signs shall not be more than two square feet in size, shall be non- illuminated and are subject to regulatory requirements of the Town. g. Cutting of Timber. The cutting or harvesting of trees, or the removal of shrubbery or other natural vegetation in the Open Space Area is prohibited, except for the following purposes: (a) to cleaz and restore natural cover that has been damaged, diseased, destroyed or disturbed by forces of nature (b) to remove hazazds to persons or property, (c) to remove or control poison ivy and other noxious plant material and vines, and (d) to create unpaved walking trails. h. Wetlands Buffer. The draining, filling, dredging, or diking of the wetland azeas including any enlazgements thereof, or the cultivation or other disturbance of the soil of the wetlands is prohibited. The alteration of ponds and water courses located on the Open Space Area, or the creation of new water impoundments or water courses, is prohibited. i. Utilities. The creation or placement ofoverhead or underground utility transmission lines, utility poles, cell phone towers, antennas, wires, pipes, wells or drainage and septic systems on the Open Space Area is prohibited without the prior written consent of the Planning Board. j. Drainage. The use of the Premises for a leaching or sewage disposal field for the residehtial uses on the Premises is prohibited. The use of the Premises for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Premises with the approvals required in subsection b. k. Development rights. The use of the area of Open Space Area for purposes of calculating lot yield or development density on any other property is prohibited, except to the extent same was used to create the Map. 3 5. PERMITTED USES. The prohibitions and restrictions of this easement shall not preclude use of the Open Space Area for any other uses not specifically prohibited herein, provided same are otherwise permitted by the Zoning Code of the Town of Southold, including, without limitation, walking, hiking, hunting, and other non-public, non- commercial, non-motorized recreation, and the right to prohibit or restrict the public from any access whatsoever. 6. MODIFICATION. This easement may be modified only at the request of the then owner of Lot 2 with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing 7. ENFORCEABILITY. The terms of this easement shall be enforceable by Grantor or the Town of Southold, their heirs, successors and assigns, by injunctive relief or any other remedy in equity or by law. 8. PERPETUAL EASEMENT. This easement and the rights granted herein shall run with the land, and shall continue and remain in effect in perpetuity. 9. ENFORCEMENT: In the event any breach or violation of any provision of this Easement, which is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect the natural status of the area subject to this Easement or the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any tenn, condition, covenant or obligation under this Easement. The cure period in this section may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 10. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. 4 JACOBY FAMILY LIMITED PARTNERSHIP , WINIF BRE ES G ral P ner By: RU ~ L ACO Gen ral Partner LAUREN JACOBY L7 General Partner STATE OF NEW YORK, COUNTY OF SUFFOLK:ss.: On the day o , in the year 2008, before me, the undersigned, personally appeared Winifted Breines, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. DONNA McGAHAN ~csdd Notary Public, State o1 New York No. OtMC4857459 Signature and Office of Individual QualMied in Suffolk County Taking Acknowledgment Commission Expires Aup. 18, r1~6 ZOI a STATE OF NEW YORK, COUNTY OF SUFFOLKas.: On the~~ day of July, in the year 2008, before me, the undersigned, personally appeazed Lauren Jacoby, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Si e and Office of Individual Taking Acknowledgment DONNA McGAHAN Notary Public, State of New Vbrk No. Of MC4851459 5 Ouaiffied in Suffolk County Commission Explraa Aup. 18, i~1 1M STATE OF CALIFORNIA, COUNTY IOF ~ G Sas.: On the day of a , in the year 2008, before me, the undersigned, personally appeared ~ ssell Jacoby, 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 p son upon behalf of which the individual acted, executed the instr. en ; an fat suc~ ind v'dua amade suc appearance before the undersigned in i the State, of California. ' 0 \16707p~~NSi+ ~ L ~ OtPRY Pv~F~,'fi _ o~~ ~ ^ ..,~~n~ ~ Signature and Office of Indiv' ual \ ~ ~ _ v ~ Taking Acknowledgment vL~( 3r „ n~N Q,4 .3~in i ~.~'t`c ~FOR~y~~1~6~Y`. + FLES Q RE/jacoby/easeconsjacoby 6 SCHEDULE "A" -OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New York, designated as "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", being more particularly bounded and described as follows: BEGINNING at a point at the intersection of the easterly line of a 16 foot right of way with the northerly line of Lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; Running thence northeasterly along lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 204.66 feet to the southerly side of Laurel Lake; Running thence southeasterly along a tie line course on the southerly side of Laurel Lake the following four (4) courses and distances: 1. South 47 degrees 16 minutes 54 seconds East, 29.39 feet; 2. South 56 degrees 29 minutes 32 seconds East, 70.00 feet; 3. South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4. South 65 degrees 23 minutes 56 seconds East, 70.80 feet to lands now or formerly of the Town of Southold; Running thence southwesterly along lands now or formerly of the Town of Southold the following five (5) courses and distances: 1. South 20 degrees 17 minutes 30 seconds West, 273.21 feet; 2. South 35 degrees 57 minutes 00 seconds West, 89.30 feet; 3. South 42 degrees 24 minutes 40 seconds West, 133.40 feet; 4. South 47 degrees 51 minutes 15 seconds West, 219.90 feet; 5. South 46 degrees 40 minutes 10 seconds West 355.00 feet to lands now or formerly of the County of Suffolk; Thence northwesterly along said aforementioned land, the following two (2) courses and distances: I. North 20 degrees 54 minutes 25 seconds West, 665.60 feet; 2. North 20 degrees 59 minutes 30 seconds West, 100.18 feet to other lands now or formerly of the County of Suffolk; Thence northeasterly along lands now or formerly of the County of Suffolk and ]ands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point or place of BEGINNING. TOGETHER WITH a right of way in common with others 16 feet in width for ingress and egress from Sound Avenue to said premises, known as Kirkup Lane. re/schnjacoby SCHEDULE "B" -OPEN SPACE AREA (CONSERVATION EASEMENT AREA N0.2 TO TOWN OF SOUTHOLD) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New York, designated as "Conservation Easement Area No. 2" on the Conservation Subdivision map for the Jacoby Family Limited Partnership, being more particularly bounded and described as follows: Beginning the following two (2) courses from the intersection of the easterly line of a 16 foot right of way with the northerly line of Lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; Running thence the following two (2) courses and distances to the true point or place of BEGINNING: 1. South 74 degrees 55 minutes 10 seconds West, 196.60 feet along land now or formerly of David S. Horton and Hermine Horton; 2. South 55 degrees 42 minutes 18 seconds East, 249.01 feet through lands of Jacoby Family Limited Partnership to the true point or place of beginning. Running thence from said true point or place of beginning through lands of Jacoby Family Limited Partnership the following five (5) courses and distances: 1. South 55 degrees 42 minutes 18 seconds East, 195.71 feet to a point; 2. North 86 degrees 37 minutes 54 seconds West, 269.72 feet to a point; 3. North 18 degrees 43 minutes 04 seconds West, 69.24 feet to a point; 4. North 70 degrees 08 minutes 14 seconds East, 58.57 feet to the point; 5. North 83 degrees 10 minutes 03 seconds East 75.24 feet to a point at the true point or place of BEGINNING. re/schajacobyce „r--~:' . CC # : C09-0281 f~ ~ o~ i; COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original RIGHT OF WAY AGREEMENT recorded in my office on 0210212009 under Liber D00012579 and Page 382 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02I02I2009 SVFFOLK COUNTnY CLERK JUDITH A. PASCALE SEAL I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII (IIII (IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: RIGHT OF WAY AGREEMENT Recorded: 02/02/2009 Number of Pages: 7 At: 10:49:38 AM Receipt Number 09-0009597 TRANSFER TAX NUMBER: 08-14743 LIBER: D00012579 PAGE: 382 District: Section: Block: Lot: 1000 125.00 01.00 005.001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $5.20 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $115.20 TRANSFER TAX NUMBER: 08-14743 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 • 3 Number of pages ~ ~ f TORRENS • r:yt. Serial# j - Certificate # ~ C Prior Ctf. # Deed / Mortgagq Instrument Daed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Page /Filing Fee ~ _ a- ! Mortgage Amt. _ Handling ~ ~r i 1. Baslc Tax TP-584 S 2. Additional Tax _ Notation Sub Total _ EA-52 17 (County) Sub Total t% ~ Spec./Assn. Or EA-5217 (State) Spec. /Add. _ RP.T,S.A ~ TOT. MTG, TAX _ Comm of Ed. 5 QQ_ e'y ; Dual Town Dual County ~ Held for Apportionment Affidavit + ~ Transfer Tax Certified Copy ~ ~v Mansion Tax _ ~G The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other YES orNO GRAND TOTAL , If NQ sea appropriate tax clause on page # i of this instrument. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Drs' 1000 12500 0100 05001 Consideration Amount $ Stamp l0i P T S CPF Tax Due $ R EMC A Date 112~EB-09 Improved Initials acant.lzand' 7 Satisfactions/Discharges/Raleases List Property Owners Mailing Address TD RECORD & RETURN TO: WICKHAM, BRESSLER, GORDON fi GEASA, P.C. TD P.O. BOX 1424 TD MATTITUCK, NY 11952 a Title Company Information C'o. Name 'T 1' Title # ~ ,s b'Z'~ "Y, 9 Suffolk Count Recordin & Endorsement Pa e This page fOmis part of the attached RIGHT OF WAY ~ -~~i'~~OYIQ~)~ UV ~ made by: (SPECIFY TYPE OF INSTRUMENT ) The premises herein is situated in JACOBY FAMILY LIMITED PARTNERSHIP SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD ~ In the VILLAGE or IiP,MLET of ` MATTITUCK BOXES 5 THRU 9 MUST BE TYPID OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ` RIGHT OF WAY EASEMENT THIS INDENTURE, made as of the Zal day of August, 2008, by JACOBY FAMILY LIMITED P.ARTNERSHIP~ New York Limited Partnership, with offices at P.O. Box 1560, 3055 Kirkup Lane, Mattituck, New York, 11952 (herein after referred to as the "Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of certain real property located at 3055 Kirkup Lane, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-125-1- 5.1, more particulazly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declazant has made an application for and has received conditional approval from the Planning Board of the Town of Southold for a subdivision of the Property into three (3) pazcels, as shown on map of "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", prepazed by Nathan Taft Corwin, III, last dated February 21, 2008, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, Declazant is required, pursuant to the subdivision approval granted by the Planning Board in a resolution adopted on September 10, 2007, to create an easement for the purpose of ingress and egress to Lot 2 over Lot 1 on the subdivision map, and for the purpose of sharing a common driveway for the installation of utilities and all other lawful purposes in favor of these parcels; and WHEREAS, Declarant desires to provide for such driveway access to and from the terminus of Kirkup Lane over Lot 1 to Lot 2 on the subdivision map. NOW, THEREFORE, be it declared as follows: 1. Lot 2 is hereby granted a 16 foot wide right-of--way over the portion of Lot 1 described in Schedule B herein, for ingress and egress and the installation of a driveway and utilities, and all other lawful purposes. Such right of wag continues northerly over other-lands to Sound Avenue in common with others. 2: Vehicular access to and from Lot 2 shall be restricted to said driveway access. 3. The owner of Lot 2 shall have the right to grant an easement for ingress and egress, consistent with the terms and restrictions of the Conservation Easements on Lots 2 and 3 and with the terms of this Easement, for the benefit of Lot 3; provided, however, that this shall not extend to the owner of Lot 3 the right to access any other property adjoining Lot 3 through this Easement. 4. With regard to the use of the right of way referenced above, such use shall be subject to the following conditions: 1 (A) The respective lot owners shall have the joint, equal and mutual right to use the driveway described in Schedule "B" as a common driveway for the purposes set forth herein. (B) The term "lot owner' or "lot owners", as used in this Easement; shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners of Lots 1 and 2. (C) Each lot owner, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the right of way described on Schedule "B". (E) The owners of the respective Lots 1 and 2, or any portion thereof, shall jointly determine what maintenance shall be done on the common driveway to which they have access and the amount of money to be expended therefore. Each lot owner shall be responsible for one half of the maintenance expenses. (F) All improvements to the common driveway within the right of way shall be made following notice to the other lot owner. Said notice shall contain all information necessary to make an informed decision on the matter and shall be personally delivered or sent by certified mail, return receipt requested. If the noticed lot owner does not object within thirty (30) days of the delivery or mailing of the notice, such lot owner shall be bound by the teens of the notice. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lot 1 and approved in advance by the Planning Board of the Town of Southold. Good repair shall include repair of any "potholes" or similar defects in the driveways which cause the driveways to become substandard, and maintenance of the driveway so as to be passable by vehicles. (H) In the event any of the lot owners fail to pay their proportionate shaze of charges, the lot owner having duly paid both its shaze of expenses and that of the defaulting lot owner shall have the right to collect such proportionate shaze from the defaulting lot owner. The lot owner who has paid its proportionate shaze of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. The prevailing lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorney's fees, and any other reasonable costs and expenses 2 which are incurred by the other lot owner in the action relating directly to the unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particulaz lot owner's land. Any failure to make or pay for for such repair maybe treated by the other lot owner as a default in the payment of maintenance expenses, in accordance with subpazagraph (H) above. (J) This Right of Way Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Boazd, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners maybe revoked or modified without such Planning Boazd's approval. (K) This Right of Way Easement shall run with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein, except that the County of Suffolk, as owner of the Conservation Easement on Lot 3, shall have no obligations for installation, maintenance or repair not caused by its agents, nor shall notice be required to be given to the County of Suffolk under Article 3.F herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and yeaz first above written. JACOBY FAMILY LIMITED PARTNERSHIP By vv~ ~d'~ 2y-v~e__~ Wi a rein s, General Partner By R ss'ell Jacoby eneral Partner gy " u~.tl~--1 Lauren Jacoby, Genera artner Re/driveeasepbjac 3 STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: On the day of August, in the year 2008, before me, the undersigned, personally appeared Winifred Breines, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the ~y{thin instrument and acknowledged to me that she executed the same in her capacity, and that Hrer signature on the instrument, the individual, or the person upon behalf of which the i~idividual acted, executed the instrument. Sign and ff'ice f Individual Taking Acknowledgment DONNA McGAHAN NotaryNo b01'MC4851469W York Qualified in Suffolk County Commtsalon Expires Aug. t8, 00110 ?AI0 STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: ~3- On theme day of August, in the yeaz 2008, before me, the undersigned, personally appeared Lauren Jacoby, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the wit ' instrument and acknowledged to me that she executed the same in her capacity, and that b h r signature on the instrument, the individual, or the person upon behalf of which the indi idual acted, executed the instrument. Signature and Of ice of In ividual Taking Acknowledgment DONNA McdAHAN NotaryNo b01'MC4851469w Qualified In Suffolk County_ Commission Expires Aup. 18, 0 STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: On the a5 ~ day of August, in the yeaz 2008, before me, the undersigned, personally appeared Russell Jacoby, 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 t, signature on the instrument, the individual, or the person upon behalf of which the in ivdual act/ed, executed the instrument. t Signature and O ice of Individual Taking Acknowledgment DONNA McGAHAN N~ryNo b01'MC4851 59W York Qualified in Suffolk County Re/driveeasepbjac Commisslon Expire8 Aug. 18, Q~0 Z-Ci f U 4 SCHEDULE "A" -OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New York, designated as "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", being more particularly bounded and described as follows: BEGINNING at a point at the intersection of the easterly line of a 16 foot right of way with the northerly line of Lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; Running thence northeasterly along lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 204.66 feet to the southerly side of Laurel Lake; Running thence southeasterly along a tie line course on the southerly side of Laurel Lake the following four (4) courses and distances: 1. South 47 degrees 16 minutes 54 seconds East, 29.39 feet; 2. South 56 degrees 29 minutes 32 seconds East, 70.00 feet; 3. South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4. South 65 degrees 23 minutes 56 seconds East, 70.80 feet to lands now or formerly of the Town of Southold; Running thence southwesterly along lands now or formerly of the Town of Southold the following five (5) courses and distances: 1. South 20 degrees 17 minutes 30 seconds West, 273.21 feet; 2. South 35 degrees 57 minutes 00 seconds West, 89.30 feet; 3. South 42 degrees 24 minutes 40 seconds West, 133.40 feet; 4. South 47 degrees 51 minutes 15 seconds West, 219.90 feet; 5. South 46 degrees 40 minutes 10 seconds West 355.00 feet to lands now or formerly of the County of Suffolk; Thence northwesterly along said aforementioned land, the following two (2) courses and distances: 1. North 20 degrees 54 minutes 25 seconds West, 665.60 feet; 2. North 20 degrees 59 minutes 30 seconds West, 100.18 feet to other lands now or formerly of the County of Suffolk; Thence northeasterly along lands now or formerly of the County of Suffolk and lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point or place of BEGINNING. TOGETHER WITH a right of way in common with others 16 feet in width for ingress and egress from Sound Avenue to said premises, known as Kirkup Lane. re~schnjacoby SCHHODLE "B" -RIGHT OF WAY DESCRIPTION ALL that certain piece or pazcel of land with improvements thereon, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and The State of New York designated as part of lot no. 1 on the Conservation Subdivision Map for the Jacoby Family Limited Partnership more particularly bounded and described as follows: BEGINNING at the intersection of the easterly line of a 16 foot right of way with the northerly line of lot 1 of said map, said point also being 3 ,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; THENCE. through lot 1 of said map the following four (4) courses and distances: (1) South 31 degrees 38 minutes 40 seconds East, 60.20 feet to a point; (2) South 08 degrees 07 minutes 48 seconds East, 37.61 feet to a point; (3) South 26 degrees 03 minutes 25 seconds East, 47.70 feet to a point; (4) South 55 degrees 13 minutes 36 seconds East, 18.44 feet to a point and the northerly line of lot 2 of said map; THENCE along the northerly line of lot 2 of said map South 49 degrees O 1 minutes 12 seconds West, 16.51 feet to a point; THENCE through lot 1 of said map the following four (4) courses and distances: (1) North 55 degrees 13 minutes 36 seconds West, 18.54 feet to a point; (2) North 26 degrees 03 minutes 25 seconds West, 52.01 feet to a point; (3) North 08 degrees 07 minutes 48 seconds West, 37.38 feet to a point; (4) North 31 degrees 38 minutes 40 seconds West, 63.46 feet to a point and the northerly line of lot 1 of said map; THENCE along the northerly line of lot 1 of said map North 74 degrees 55 minutes 10 seconds East, 16.69 feet to the point of BEGINNING. • • ~S'v~ n~ LAN' OPPICGS WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. RO. BOX 1124 WILLIAM WICKHAM (06-02) MAT'I'ill K'K. LONG ISLANU I'KIC 1. BRI~:SSLIiR NI~:N' YORK 11953 275 BROAD HOLLOW ROAU ABI(iAll. A. WICKHAM SUI"fR I I I LYNVI[ M. CORDON MIiINILLF;. NF.W YORK 11747 IAV I[T GC;ASA 631-298-8353 TELLiPAX VO. 631-29R-8565 63I ?49-9480 ~c~cbla~~ ~i nol.com TGLGI'AX NO. 631-249-9484 March 11.2009 Attn: Tamara Sadoo Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Conservation Subdivision for Jacoby Family LP Kirkup Lane (Laurel Lake), Laurel, NY SCTM# 1000-125-1-5.1 Dear Tamara: Enclosed is a certified copy of the Planning Board Declaration of Covenants and Restrictions dated July 31, 2008 in the above matter, which were recorded in the Suffolk County Clerk's Office in Liber 12582 page 362. Very~t°ru~ly /y/ours, Abigail A. Wickham ,i:i i~ ~ ~inr <•„<~~. 30 shdpAjacohr .,~*e.,~~-........ .i MAR 1 3 2009 i.: j _ ~ ~ ~ r LAN' OLLICIS WICKHAM, BRGSSLER, CORDON GEASA, P.C. 13015 MAIN RQ4 D, P.O, nUX 1424 WILLIAM WICKHAM (06-02) MA"I°IITUCI:. LONG ISLANU ERIC 1. RRh:SSLP;R NP:N~ YORK I I95? 275 BRUAU HOLLOW ROAD ABIG;V L A. W ICKI IAM SUITC; I I I LYNNI[ M. CORDON MLI,V ILI,B. NF.W YORK I U47 .1;1N1'T GLASA 631-298-8353 "I~LLEPAx NO. 631-29R-8565 631-249-9480 w~cbla~t aaol.com IT:Ll?FAX NO. 631-249-9484 March 6. 2009 ri.J:;;. Att: Tamara Southold Town Planning Board 53095 Main Road P.O. Box 1179 _ - Southold, New York 11971 n [ M,s Re: Conservation Subdivision for Jacoby Family LP _ Kirkup Lane (Laurel Lake), Laurel, NY 1000-125-1-5.1 ~ L._-> Dear Tamara: ~ Enclosed is a check payable to Town of Southold in the amount of $3.500.00, representing the Park and Playground Fee due in this subdivision proceeding. Ver u~ r~, ~Abig it A. Wickham Cc: Ron Hill, Jacoby Family LP Bill Gorman _ ~ P~ Submission Without a Cover Letter Sender: .~~lLL ~(/~~GLL Sub'ect: ~~C6~ ~c~¢Gu~Z-y L~~ ~~~~17/~ 56~~~ 3 y ~ xu scTM#: iooo - ~ ZS- D ~ - ~ Si ~ ~ f; ~ it Date: Z ~Q ~ F E B 1 8 2009 I{ L_ _ _-.-__~..~____I ' Comments: ~ r-~ y 1% is ~ s ~ r~ ..~~~.~_s Q: 1 r~ ~ ~ • _ i_~w or~L~~ces WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MA[N ROAD, N.O. BOX 1424 WILLIAM WICKHAM (06-02) MATI'tfUCK. LONG ISLAND ERIC J. nlZl?SSLLR NEN' YORK 11953 275 BROAD HOLLOW ROAD :161(;AII. A. WICKIIAM SUITI: III LYNNC: M. GURDON MLi1,V ILLS. NEW YORK 11747 JA N I'.T (i RASA (x3 I -298-R353 "tELEFAX NO. 631-29R-8565 631-249-9480 ~+~cbla«~aaoLcom TELEFAX NO. 63l-249-9484 February 3. 2009 Mark Terry, Sr. Environmental Planner Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 1197] Re: Conservation Subdivision for Jacoby Family Limited Partnership Kirkup Lane (Laurel Lake), Laurel, NY SCTM#: 1000-125-1-5.1 Dear Mark: Enclosed are copies of the Open Space Easement and Right of Way agreement which were recorded in the Suffolk County Clerk's Office on February 2, 2009. The maps are in process of being re-signed by the Health Department. They will be delivered to you for signature by the Chairman of the Board after the Health Department signs them. Ver 1 ~rs, Abigail A. Wickham encl. ~ - 30Lti~hclpdjacahymt ~ w ~ - - - - I - - ii FE(3 - 5 2n~g . ' i - t n MAILING ADDRESS: f PLANNING BOARD MEMB OF S~Vl ~ P.O. Box 1179 JERILYN B. WOODHOUSE O~a y0! Southold, NY 11971 Chair ~ Q OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs AveJ JOSEPH L. TOWNSEND OIyC~~lr l 1 Southold, NY '~l' 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Supervisor Scott Russell Members of the Town Board From Jerilyn B. Woodhouse, Chair Members of the Planning Board Date: August 26, 2008 Re: Request for Waiver of Park and Playground Fee. Conservation Subdivision of Jacoby Family Limited Partnership SCTM#1000-125-1-15 Zoning District: A-C On August 19, 2008, Mr. William Gorman, the Agent for the applicant, sumitted a petition (attached) seeking a full waiver of the park and playground fee required by § 240-53. Reservation of parkland on subdivision plats containing residential units. The park and playground fee equals $3500.00. The petition was discussed at the August 25, 2008 work session. The Planning Board supports the petition to waive the fee in full subject to the following condition: 1. The submission of an agreement with County of Suffolk that a public trail has been established on the property. Upon submission of the documents, the Planning Board will recommend that the park and playground fee be reimbursed to the applicant. Please contact my office with any questions. Enc. • North Fork Permits• Permit Expediters ~S To: Town of Southold Planning Department Town Hall Annex Southold, NY 11971 From: North Fork Permits William Gorman PO Box 1447 Mattituck, NY 11952 Date: Aug. 19, 2008 Re: Waiver of Parks and Playground Fee for Conservation Subdivision at 3055 Kirkup Lane, Mattituck SCTM# ]000-125-01-OS To whom it may concern. On July 14, 2008, the Southold Planning Dept. passed a resolution for the approval of a Conservation Subdivision for the Jacoby Family Limited Partnership at 3055 Kirkup Lane, Mattituck. We are seeking a waiver of the Pazks and Playground Fee. The conservation subdivision consists of 3 Lots. Lot # 1 and Lot #2 aze building lots and each lot already has an existing structwe. Lot #3 is a Suffolk County Conservation Easement. The total area of the entire piece of property is 10.454 acres. The Conservation Easement is 8,3 acres, and the building lots are approx 1 acre each. Because the building lots were developed a generation ago, and the 8.3 acre Conservation Easement precludes all future development, it would seem that the spirit of the Parks and Playground provision has been met. On this basis, we are seeking a waiver of the Parks and Playground Fee from the Southold Town Board. Thank you for consideration, i William P. Go ,North Fork Permits - Authorized Representative for the Jacoby Family Limited Partnership ~r per ~ a P.O. Box 1447, Mattituck, New York 11952 631-445-1461 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, August 25, 2008 4:30 p.m. 4:30 p.m. Site Plans & Subdivisions Site Plans _ _ Project name: The Heritage at Cutchogue SCTM#: 1000-102-1-33.3 Location: , at the intersection of Schoolhouse Lane and Grilling St. in Cutchogue ;Description: construct a 139 unit condominium complex Status: I waiting for revised DEIS _ . Recommendations: ! no action to be taken; review site plan application to re-familiarize the Planning Board with the details Attachments: None _ _ _ Subdivisions Project name: Grebe/Rafferty/Meyer ;SCTM#: ! 1000-6-2-16, 6-2-14, 6-2- i 15, 6-2-17.1 Location: Located on the south side of Avenue B, approximately 520 feet west of Crescent Avenue, on Fishers Island _ _ _ Description: 'This proposal is to reconfigure the lot lines of four parcels where SCTM#1000-6-2-16 will be merged and, following the reconfiguration, SCTM#1000-6-2-14 will equal 11,786 square feet, SCTM#1000-6-2-15 will equal 11,029 square feet and SCTM#1000-6-2-17.1 will equal 69,428'' square feet. ,Status: Conditional Final Approval Recommendations: Grant Final Approval at Sept. 8, 2008 Public Meeting Attachments: Staff Report ~ ~,-,~j Project Name: ~ SCTM# ,1000-125 1-5.1 Location: at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck Description: conservation subdivision of a 10.454-acre parcel into three lots , Status: Conditional Final Approval _ _ _ _ Recommendations: Attachments: Request for waiver of P & P Fee dated 8/19/08_, ~ For Discussion: •3 Request for comments from ZBA re: ARTCO Cesspool & Drain Service, SCTM#1000-96-1-1.6 (att: draft memo dated 8/18/08) ~ ~ 1 • r Submission Without a Cover Letter ~ Q~ Sender: (`~~L[~ ~e(2„~,~y(~ Subject: ~y0t(,Q~ C~ ~{QiL~~(~ Date: 8lZ / ~ $ Comments: ((,I t'S: ~ bQod~~ •'g Cop `rp s c o `C'C" lZ V S S-c k,_:,., ~OUNTY OF SUFFOLK. f~ i' ~ u STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING COUNCIL ON ENVIRONMENTAL QUALITY R. Lawrence Swanson James Bagg CHAIRPERSON CHIEF ENVIRONMENTAL ANALYST AGENDA MEETING NOTIFICATION Wednesday, August 20`", 9:30 a.m. Legislative Auditorium North County Complex Veterans Memorial Highway, Hauppauge Call to Order: Minutes -check the web at www.co.suffolk.nv.us/departments/planning/minutes.aspx#ceg The June 18`h, 2008 minutes are available on the website for review . Correspondence: •:m~~" - ~ ! Historic Trust Docket: ~ ~ q 2J88 Director's Report: Updates on Housing Program for Historic Trust Sites Updates on Historic Trust Custodial Agreements I L-- 1_..---- , Public Portion: ~ O "~i AUG 1 3 200' Project Review: SUPERVISOR'S OFFICE OF SOUTHOLD ~ Recommended TYPE II Actions: A. Ratification of Recommendations for Legislative Resolutions Laid on the Table for June 24a', August 5`h and August 19`h, 2008. 1 • COUNTY OF SUFFOLK • STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING COUNCIL ON ENVIRONMENTAL QUALITY R. Lawrence Swanson James Bagg CHAIRPERSON CHIEF ENVIRONMENTAL ANALYST MEMORANDUM TO: All Interested Parties FROM: James F. Bagg, Chief Environmental Analys~% r~{'~j DATE: August 11, 2008 RE: Proposed Acquisition of Conservation Easement Known as the Laurel Lake County Park Addition -Jacoby LTD Family Partnership Property in the Town of Southold. Enclosed is an Environmental Assessment Form (EAF) on the above referenced County project which has been submitted to the Council on Environmental Quality for review, relative to a decision required by SEQRA regarding the significance of the project's environmental impacts. The Council would like to know your environmental concerns regarding this proposal and whether you think a draft EIS or a determination of non-significance is warranted. This project will be discussed at the August 201h, 2008 CEQ meeting. Please forward any recommendations or criticisms, to this office prior to that meeting, or attend the meeting and present your views. If the Council has not heard from you by the meeting date, they will assume that you feel that the action will not have significant environmental impacts and should aroceed accordingly. JFB/cd Enc. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4'" FLOOR P. O. BOX 6100 (631)) 853.5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 7 7768-0099 lax (831)853-4044 COUNTY OF SUFFOLK STEVE LEW SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P. DIRECTOR OF PLANNING August 6, 2008 Mr. Lawrence Swanson, Chairperson Council On Environmental Quality H. Lee Dennison Building - 4a' Floor 100 Veterans Memorial Highway Hauppauge, New York 11788 Dear Mr. Swanson: Attached for your review and consideration is an Introductory Resolution authorizing the acquisition of a conservation easement known as Laurel Lake County Park Addition -Jacoby LTD Family Partnership Property in the Town of Southold. Please review the proposal and forward the Council's SEQRA recommendation to the County Executive and Legislature. Attached is a short EAF for your consideration. Sin 1 Th as A. Isles Director cc: Lauretta R. Fischer, Principal Environmental Analyst James F. Bagg, Chief Environmental Analyst LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ¦ P. O. BOX 6100 ¦ (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 fax (631) 853-4044 Project ID: • • SUFFOLK COUNTY SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 6 NYCRR Part 617.20 STATE ENVIRONMENTAL QUALITY REVIEW Part I-PROJECT INFORMATION to be completed b A licant or Pro'ect S onsor 2. PROJECT NAME Acquisition of a conservation easement by APPLICANT/sPONSOR Suffolk County -Laurel Lake County Park Suffolk County Planning Dept. Addition -Jacoby LTD Family Partnership pro ert 3. PROJECT LOCATION Municipality Laurel, Town of Southold county Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) North of Main Road (S.R. 25) and east of Aldrich Lane SCTM# 1000-12500-0100-005001 /o 5. IS PROPOSED ACTION: ® New ? Expansion ? Modifcation /alteration 6. DESCRIBE PROJECT BRIEFLY: Acquisition of a conservation easement by Suffolk County under the Suffolk County Multifaceted Land Preservation Program - O en S ace Preservation 7. AMOUNT OF LAND AFFECTED: Initially t/- ],$g acres Ultimately t/- ],$g acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING 20NING OR OTHER LAND USE RESTRICTIONS? ® Yes ? No If No, describe briefly 9. WHAT IS PRESENT LAND US IN VICINITY OF PROJECT? ® Residential ? Industrial ? Commercial ® Agriculture ® Park/ForesUOpen 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 permiVapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes ® No If yes, list agency name and permiUapprovat 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Suffolk County Planning Dept./Lauretta R. Fischer, ApplicanUspo N e: Princi al iro mental Anal st Date: Au ust 8, 2008 Signatur~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before roceeding with this assessment Continue to Part II PART II -ENVIRONMENTAL ASSE ENT To be completed b A ency) - A. DOES ACTION EXCEED ANY TYPE I T SHOLD IN 6 NYCRR, PART 617.12? If yes, coordina the review process and use the FULL EAF. ? yes ®No Comment: B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ? yes ® No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C7. Existing air quality, surtace or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or tlisposal, potential or erosion, drainage or Flooding problems? Explain briefly: NO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NO C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No -Property is to remain in its natural state for passive use and habitat management purposes. (See attached list) C4. A community's existing plans or goals as ofricially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefy: NO C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NO C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: NO C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: NO D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ? yes ®No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? yes ®No If Yes, explain briefly: PART III -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations wntain sufficient detail to show that all relevant adverse impacts have been identifed and adequately addressed. ? Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ® Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Suffolk County Le islature Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency itle ~ Responsible Officer 1 Signature of Responsible Officer in Lead Agency Signature o (If different from responsible officer) August 6, 2008 Date Laurel Lake County Park Addition -Jacoby Family Limited Partnership Property ] 000 12500 0100 005001 p/o 7.89 Acres CONSERVATION EASEMENT Prohibited Acts: • The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind. • Excavating or filling including the removal of top soil, sand or other materials. • Any further subdivision. • The dumping or accumulation ofunsightly or offensive materials. • The display of signs, billboards, or advertisements. • The cutting or harvesting of trees, except to trim dead branches and/or trees and remove hazards to persons or property by hand or organic methods. • Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters. • Disturbance of the wetlands and/or stream buffer. • The alteration of any ponds and water courses or the creation of new water impoundments or water courses. • The removal of trees, shrubs, or other vegetation with the exception of a 10-foot wide, unpaved walking trail in the location as indicated on the map. The area designated as the "Meadow" may be mowed twice each year between the dates of November 1 s' and April 1 s' in order to avoid nesting periods and to facilitate the growth of native gasses. Outside of the meadow and walking trail, the property is to be left in its natural state. • The use of pesticides, herbicides and chemical fertilizers. • The creation or placement of overhead utility transmission lines, utility poles, cell phone towers, antennas, wires, pipes, wells or drainage and septic systems. • Commercial and/or active recreational uses with the exception of an unpaved walking trail no greater than 10 feet in width around a portion of the eastern, southern and western perimeter as shown on the map. Such walking trail may be permitted at the discretion of the owner with an approved inter-municipal management agreement between the Town of Southold and the County of Suffolk. Such trail maybe defined by a fence, which maybe screened with trees, shrubs or bushes, at no cost to the County of Suffolk. • The use of the premises for a leaching or sewage disposal field, drainage basin or sump. • The use of the acreage of the area of conservation easement for purposes of calculating lot yield or development density on any other property is prohibited. The owner grants all existing development rights on the premises to the County of Suffolk. Such rights, except those required to carry out the permitted uses of and activities on the premises, are terminated and extinguished, and may not be used or transferred to any other parcels. * For specific details, see the Deed of Conservation Easement. Intro. Res. No. -2008 Laid on Table Introduced by the Presiding Officer on request of the County Executive RESOLUTION NO. -2008 AUTHORIZING ACQUISITION OF A CONSERVATION EASEMENT UNDER THE SUFFOLK COUNTY MULTIFACETED LAND PRESERVATION PROGRAM - OPEN SPACE PRESERVATION PROGRAM - FOR THE JACOBY LIMITED FAMILY PARTNERSHIP PROPERTY - LAUREL LAKE ADDITION (TOWN OF SOUTHOLD - SCTM#1000-125.00-01.00-005.001 p/o) WHEREAS, the 5"' RESOLVED clause of Resolution No. 459-2001 established the Suffolk County Multifaceted Land Preservation Program for acquisitions to be consummated pursuant to Resolution 751-1997; pursuant to the traditional Suffolk County Open Space Program; pursuant to Chapter 8 of the SUFFOLK COUNTY CODE; for parkland purposes; for environmentally sensitive land acquisition; for watershed and/or estuary protection; for drinking water protection purposes; or in accordance with the programmatic criteria set forth in Resolution No. 602-2001 designated as the Suffolk County Active Parklands Stage II Acquisition Program; and WHEREAS, Resolution No. 1121 appropriated $12,051,750.00 for acquisitions under the Suffolk County Multifaceted Land Preservation Program; and WHEREAS, Resolution No. 621-2004 authorized planning steps for acquisition of the conservation easement; and WHEREAS, the Environmental Trust Review Board has reviewed the appraisals and the report of the Internal Appraisal Review Board and has approved the purchase price and authorized the Director of the Division of Real Property Acquisition and Management to negotiate the acquisition, and 1~` RESOLVED, that the County of Suffolk hereby approves the acquisition of the conservation easement set forth below under the Suffolk County Multifaceted Land Preservation Program pursuant to the traditional Suffo Coun se for total urchase o at per acre or 9+ acres ,su lec a mal s y; an hereby au nz penses, which shall include but not be limited to the cost of surveys, appraisals, environmental audits, title reports and insurance, and tax adjustments: SUFFOLK COUNTY REPUTED OWNER PARCEL: TAX MAP NUMBER: ACRES: AND ADDRESS: No. 1 District 1000 7.89+ Jacoby Limited Family Partnership Section 125.00 P.O. Box 1560 Block 01.00 Mattituck, NY 11952 Lot 005.001 p/o ;and, be it further 2"a RESOLVED, that the Director of the Division of Real Property Acquisition and Management and/or her designee, is hereby authorized, empowered, and directed, pursuant to Section C42-2(C)(3)(d) of the SUFFOLK COUNTY CHARTER, to acquire the conservation easement listed herein above from the reputed owner, the funding for which shall be provided under the Suffolk County Multifaceted Land Pres ation Program, for a purchase price of subject to a final survey; and, be it further 3`" RESOLVED, that the County Comptroller and County Treasurer are hereby authorized to reserve and to pay ~ subject to a final survey, from previously appropriated funds in Capital Project 525-CAP-7177.215, Suffolk County Multifaceted Land Preservation Program, for this acquisition; and, be it further 4'" RESOLVED, that the Director of the Division of Real Property Acquisition and Management and/or her designee; the County Planning Department; and the County Department of Public Works are hereby authorized, empowered, and directed to take such other actions and to pay such additional expenses as may be necessary and appropriate to consummate such acquisition of conservation easement, including, but not limited to, securing appraisals, title insurance and title reports, obtaining surveys, engineering reports, and environmental audits, making tax adjustments, and executing such other documents as are required to acquire such County interest in said lands; and, be it further 5'" RESOLVED, that the conservation easement of the subject parcel(s) shall be transferred to the Department of Parks, Recreation and Conservation for management purposes wherein the property shall remain in its natural state, excluding the maintenance of a "meadow" to be mowed no more than twice each year between the dates of November 1~' and April 1~` and a possible 10-foot wide, unpaved walking trail around a portion of the perimeter, as described in the DEED OF CONSERVATION EASEMENT; and, be it further 6`h RESOLVED, that the above activity is an unlisted action pursuant to the provisions of Title 6 NYCRR, Part 617; and, be it further 7~" RESOLVED, that the project will not have a significant effect on the environment for the following reasons: 1.) the proposed action will not exceed any of the criteria in 6 NYCRR, Section 617.7, which sets for thresholds for determining significant effect on the environment, as demonstrated in the Environmental Assessment Form; and 2.) the proposed use of the subject parcel(s) shall remain in its natural state, excluding the maintenance of a "meadow" to be mowed no more than twice each year between the dates of November 1~' and April 15' and a possible 10-foot wide, unpaved walking trail around a portion of the perimeter, as described in the DEED OF CONSERVATION EASEMENT; and 3.) if not acquired, the property will most likely be developed for residential purposes, incurring far greater environmental impact that the proposed acquisition and preservation of the site would have; and be it further 8`n RESOLVED, that in accordance with Section 279-5(C)(4) of the SUFFOLK COUNTY CODE, the Suffolk County Council on Environmental Quality is hereby directed to prepare and circulate any appropriate notices or determinations in accordance with this resolution. DATED: APPROVED BY: County Executive of Suffolk County Date of Approval: t Laurel Lake County Park Addition -Jacoby LTD Family Partnership Property SCRPTM # 100012500 0100 005001 p/o CONSERVATION EASEMENT Suffolk County Multifaceted Land Preservation Program -Open Space Preservation own of Southold - 7.89 acres -Laurel, T . ~L . ~ 1"x'1 Proposed Acquisifron of I~FJ a S.C. conservation easement 'a ~ _ -Area omitted from acquisition ' of a S.C. conservation easement ; $f~ v • Walking Trail ~ ~ d ~ ~ ~ Suffolk County 3f%~'`~` ` ` ' ' ®Master List / ~ s. ~ ~ a t~ ~ Town of Southold z'_`y ~ ' , ~ State of New York r„ . ' ; ~ SCRPTaxMap Base s>_~ ~ NYS DEC Freshwater Wetlands ~~x `j y _ H ~R. ' V ~ d_ . TOwrl ~ jl: ¢ . GGG 'Dev Rghts r 4 ~ { . ~ Town b t. ~ Dev Rights ~ • CCCMpIff]OOB,CWNfYCF SIIFFIXK, N.Y. • „r Y ? Nml Pmp.M lmtp Wlwl hawk uxa WN prmY.bn of SOfalk CarR( RW x 4, ry. .t''. PvpMyA. ,.y.gM.P.TSw,). enY m,~Yq leeOMFT WaintM l)Ibe ~ $wNe ~ i• ~aR,1 ~ b. dW iTYYM Y an kbm~nry or Ylm .YwY wik Medetl pr1M Wwov M Nntl{Mpanl vmaW V atl. b k W almlapveyavwYtlbn. b k nm wMMI or (c)Ab{pYYl Poabpyly Ww10m9O0W brTMmbW. ~tlutl enmplepon M dem. k eana vvn wmtl am Ive bvn k! cut ena VmwnYY w waww aen Ym been wgpn.rd to bW /YtlM/ wn.ln riaq, 0 1,000 2,000 Feet wku'bYp MpW~i erp'.tlx`inrN~wy'tlYke cometlkn ordm mdknRMtl i- I ~ 1 ~ I ~ 1 F 1-~--I 'eueryled fwn (F.GLL.) pm prmYbm M we Frvaom al IMbmmtlon Law 1FUblk tllw LV:MkY 85rtlnn Ybq byevtlon 872p WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, August 11, 2008 4:30 p.m. 4:30 p.m. Review Public Meeting Agenda 4:45 p.m. Site Plans and Subdivisions Site Plans i Project name: i The Heritage at Cutchogue _ _ _ SCTM# ;_.1000-102-1-33.3 I Location at the intersection of Schoolhouse Lane and Grilling St: m_Cutchogue i Descr~tion construct a 139 unit condominium complex Status ~ waiting for revised DEIS - Recommendations no action to be taken; review site plan application to re-familiarize the ~ ~ ~ Planning Board with the details - ..Attachments None _ . _ _ Project name: Macan Vineyards & Winery ~ SCTM# i 1000 121 1 1 3 Location: ' at the intersection of Bergen Avenue and Sound Avenue, on the north ' ;side of Sound_Avenue, in Mattituck ' Description: .This site plan is for additions & alterations to an existing winery on a 5.6 acre parcel, in the A-C Zone Status application review Recommendations: ;The Planning Department recommends for the Planning Board to accept' the site plan with revisions. Attachments 'Staff Report ~_Prolect name: ~ Fishers Island Community Ctr 'SCTM# :1000 12..1 5 1 - _Location ~ 98 Fox Lane on Fishers Island 4 Description: ~ New community center on Fishers Island Status• _ ;Waiting for final site inspection ; _ Recommendations 'Review site plan and-May 6 & 7, 2008 site wsit notes , _ ,Attachments: ;None Subdivisions Pro~ect_Name: y ~a SCTM# 1 1000 125 1 5 1 r_.. _ _ Location: 1 at the terminus of Kirkup Lane, s/o Sound Avenue, m Mattituck _ , Description: conservation subdivision of a 10 454-acre parcel into three lots _ _ , Status:,, f Conditional Final Approval Recommendations 1 Review Covenants & Restrictions with Planning Board _ _ Attachments: ~ e-mail msgs. dated 7/29/08 • ~T I~ LAw oErlcEs WICKHAM, BRESSLER, GORDON &GEASA, P.C. 13015 MAIN ROAD. P.U. SOX 1424 WILLIAM WICKHAM (06-02) MATTI'I'UCK. LONG ISLAND ERIC' 1. BRESSLER NEW' YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE I I1 LYNNE M. GORDON MELVILLE. NEW YORK 11747 JANHT GEASA 631-298-8353 'fELGFAX N0. 631-298-8565 `~,1,.,..~,,,,,,,~...,..,.......:63„1.,?~~.SA$15;.. wwblawr~ol.com _ TELEFAXN0.631-249-94~84g July 23, 2008 , ,r Is u V is ' ~ i I~,~ I lI~'. Mark Terry, Sr. Environmental Planner U ~ J U L 2 4 2008 ; Southold Town Planning Board 53095 Main Road P.O. Box 1179 - ~ Southold, New York 11971 ~W Re: Conservation Subdivision for Jacoby Family Limited Partnership Kirkup Lane (Laurel Lake), Laurel, NY SCTM#: 1000-125-1-S.1 Dear Mark: Enclosed are hard copies of the following documents, which we also emailed to you on July 22, 2008: 1. Declaration of Covenants and Restrictions; and 2. Grant of Open Space Conservation Easement. Please advise upon your review of the above documents. Very~ly yours, Abigail A. Wickham AAW/dm encl. 30/shdpdjacobymt GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS indenture made this day of July, 2008, by and between JACOBY FAMILY LIMITED PARTNERSHIP, a New York Limited Partnership with offices at P.O. Box 1560, Mattituck, New York, 11952, (hereinafter "Grantor") to the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 10,454 acres of land identified by Suffolk County Tax Map number 1000-125-1-5; located at 3055 Kirkup Lane, Mattituck, Town of Southold, Suffolk County, New York, said land being depicted on a certain map prepared by Nathan Tafr Corwin, III, L.S., entitled "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership" dated May 2, 2007, last revised February 21, 2008, (the Map) which has received Conditional Final Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as "the Premises"; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Section 240-10(3)(b) of the Subdivision Code of the Town of Southold (the Code) requires that Conservation Subdivisions are required to preserve a minimum of 80% of buildable lands within the subdivision in perpetuity; and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that all of Lot 3 on said Map be encumbered by a Conservation Easement, held by the County of Suffolk, which easement is described in Conservation Easement between Grantor and the County of Suffolk to be recorded in the Suffolk County Clerk's Office; and which area is designated on said Map as Conservation Easement to Suffolk County, and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that an 18,638 square foot portion of Lot 2 on said Map be encumbered by a Conservation Easement, which area is designated on said Map as Conservation Easement to Town of Southold and is more fully described in Schedule B ("Open Space Area"); and WHEREAS, the parties recognize the environmental, natural, scenic, open space and/or agricultural values of the Open Space Area and have the common purpose of preserving these values; and WHEREAS, the Grantor has agreed to grant to the Grantee a Conservation Easement in the Open Space Area as described herein in order to protect the natural habitat of the wildlife and the ecosystems within such area and to preserve the open space character of the area; NOW THEREFORE, IN CONSIDERATION OF Ten ($10.00) Dollars and other good and valuable consideration between the parties, the receipt and sufficiency of which is hereby acknowledged. W[TNESSETH: 1. GRANT OF CONSERVATION EASEMENT. The Grantor does hereby grant, transfer and convey to the Town of Southold, a conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the Open Space Area designated within Lot 2 on said Map as "Conservation Easement to Town of Southold". 2. CLUSTERED OPEN SPACE AREA UNDER SECTION 240 OF THE CODE. Pursuant to Section 240 of the Code, Lots 1 and 2 are clustered to an area of less than the 80,000 minimum square footage required by the Code. Accordingly, a. the clustered open space area of Lot 1 is equal to 34,777 square feet and is included within the Conservation Easement Area of Lot 3; b. the clustered subdivision open space area of Lot 2 is equal to 35,306 square feet of which 18,638 square feet is located within the Conservation Easement Area of Lot 2 granted herein and the remaining 16,668 square feet is located within the Conservation Easement Area of Lot 3; and c. the total clustered open space is equal to 70,083 square feet. 3. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible except for the restrictions set forth herein, without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 4. CONSERVATION EASEMENT'. Grantor agrees to the following prohibitions and restrictions within the Open Space Area: a. Structures. No structures or improvements may be erected or constructed on the Property unless specifically permitted by this Easement. All other structures and improvements, permanent or temporary, on, over or under the Open Space, are prohibited. b. Subdivision. There shall be no further subdivision, division or partitioning of the Open Space Area or any other portion of the Premises (except in connection with the creation of a Trail Easement, if any, approved by the Town of Southold). c. Grantor shall have the right to mow the meadow area to maintain the meadow, to maintain and cultivate the 85 foot by 100 foot garden area within the Open Space Area noted on the subdivision map, to create and use non-paved walking trails, picnic areas and similar low-impact passive recreational uses, and to construct a garden shed, not to exceed 100 square feet, and fences to protect the garden area. Grantor may remove dead and diseased trees, shrubs and branches and invasive and noxious species such as poison ivy, bittersweet, and mile-a-minute weed (polygonum perfoliatum). Excluded from these permitted uses are all other structures not specifically identified as allowed in this Easement, paved areas, tennis courts, swimming pools, off-road vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as 2 determined by the Planning Board. Fences must not block or detract from the scenic views important to the community. The meadow shall be maintained as a meadow, not as a lawn area. Only organic herbicides and pesticides and fertilizers shall be used on the Open Space Area. d. Laurel Lake is a Town of Southold Special Groundwater Protection Area, and as such, to protect the surface and sub-surface water quality of the area, the use of synthetic herbicides, pesticides and fertilizers is prohibited, including, without limitation, in the garden area. e. Mining. The excavating or filling of the Open Space Area is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Open Space Area be changed except for purposes of erosion control and soil management, which removals and/or changes shall not be made without the prior written consent of the Planning Board and other applicable regulatory authorities. f Dumping. The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Open Space Area is prohibited. g. Signs. The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Open Space Area and only for any of the following purposes: (a) to post the Open Space Area to control unauthorized entry or use, or (b) to announce Grantee's Conservation Easement. Signs shall not be more than two square feet in size, shall be non- illuminated and are subject to regulatory requirements of the Town. g. Cutting of Timber. The cutting or harvesting of trees, or the removal of shrubbery or other natural vegetation in the Open Space Area is prohibited, except for the following purposes: (a) to clear and restore natural cover that has been damaged, diseased, destroyed or disturbed by forces of nature (b) to remove hazards to persons or property, (c) to remove or control poison ivy and other noxious plant material and vines, and (d) to create unpaved walking trails. h. Wetlands Buffer. The draining, filling, dredging, or diking of the wetland areas including any enlargements thereof, or the cultivation or other disturbance of the soil of the wetlands is prohibited. The alteration of ponds and water courses located on the Open Space Area, or the creation of new water impoundments or water courses, is prohibited. i. Utilities. The creation or placement of overhead or underground utility transmission lines, utility poles, cell phone towers, antennas, wires, pipes, wells or drainage and septic systems on the Open Space Area is prohibited without the prior written consent of the Planning Board. j. Drainage. The use of the Premises for a leaching or sewage disposal field for the residential uses on the Premises is prohibited. The use of the Premises for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Premises with the approvals required in subsection b. k. Development rights. The use of the area of Open Space Area for purposes of calculating lot yield or development density on any other property is prohibited, except to the extent same was used to create the Map. 3 5. PERMITTED USES. The prohibitions and restrictions of this easement shall not preclude use of the Open Space Area for any other uses not specifically prohibited herein, provided same are otherwise permitted by the Zoning Code of the Town of Southold, including, without limitation, walking, hiking, hunting, and other non-public, non- commercial, non-motorized recreation, and the right to prohibit or restrict the public from any access whatsoever. 6. MODIFICATION. This easement may be modified only at the request of the then owner of Lot 2 with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing 7. ENFORCEABILITY. The terms of this easement shall be enforceable by Grantor or the Town of Southold, their heirs, successors and assigns, by injunctive relief or any other remedy in equity or by law. 8. PERPETUAL EASEMENT. This easement and the rights granted herein shall run with the land, and shall continue and remain in effect in perpetuity. 9. ENFORCEMENT: In the event any breach or violation of any provision of this Easement, which is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach or violation which, in Grantee's reasonablejudgment, requires immediate action to preserve and protect the natural status of the area subject to this Easement or the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this section may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 10. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall binding upon the parties hereto and their respective successors and assigns. 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. JACOBY FAMILY LIMITED PARTNERSHIP By: WINIFRED BREINES General Partner By: RUSSELLJACOBY General Partner By: LAURENJACOBY General Partner STATE OF NEW YORK, COUNTY OF SUFFOLKas.: On the day of July, in the year 2008, before me, the undersigned, personally appeared Winifred Breines, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment STATE OF NEW YORK, COUNTY OF SUFFOLKas.: On the day of July, in the year 2008, before me, the undersigned, personally appeared Lauren Jacoby, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 5 Signature and Office of Individual Taking Acknowledgment STATE OF CALIFORNIA, COUNTY OF as.: On the day of , in the year 2008, before me, the undersigned, personally appeared Russell Jacoby, 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, and that such individual made such appearance before the undersigned in in the State of California. Signature and Office of Individual Taking Acknowledgment RF.~jacohy/easeconsjacoby 6 SCHEDULE A DESCRIPTION OF PREMISES: JACOBY FAMILY LIMITED PARTNERSHIP 7 SCHEDULE B JACOBY FAMILY LIMITED PARTNERSHIP CONSERVATION EASEMENT 8 SCHEDULE C CONSENT OF MORTGAGEE/LIENOR GRANTOR: JACOBY FAMILY LIMITED PARTNERSHIP NONE 9 r • • DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of July, 2008, by JACOBY FAMILY LIMITED PARTNERSHIP, a New York Limited Partnership with offices at P.O. Box 1560, 3055 Kirkup Lane, Mattituck, New York 11952, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 3055 Kirkup Lane, Mattituck. Town of Southold, County of Suffolk and State of New York, SCTM# ] 000-125-1-5.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property")and WHEREAS, the Declarant has made an application for and has received conditional approval from the Planning Board of the Town of Southold for a subdivision of the Property into two (2) parcels, as shown on map of "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", prepared by Nathan Taft Corwin, III, dated May 2, 2007, last revised Feb. 21, 2008. which map will be Filed in the office of the Suffolk County Clerk (the Map); and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Board 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 upon the Property, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and t WHEREAS, prior to the filing of the subdivision map in the Suffolk County Clerk's Office, the Declarant shall record a Conservation Easement to Suffolk County encumbering the Conservation Easement Area shown on the subdivision map, encompassing all of Lot 3 on the Map; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. All future property owners/residents of the lots located on the Property are hereby noticed that they may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXI, Farmland Bill of Rights, of the Code of the Town of Southold. 2. Access to Lot 2 shall be from the 16' -wide right-of--way over Lot 1 as shown on the Map and will be subject to the terms of an access easement that will be recorded in connection with this subdivision. 3. No further subdivision of any of the lots reflected on the subdivision map referenced above shall be allowed, in perpetuity, except to effectuate the conveyance of a trail in accordance with Paragraph 14 of this Declaration. 4. All utilities servicing the Property shall be located underground. 2 5. The clustered subdivision open space area of Lot 1 equals 34,777 sq. ft. and is within the Conservation Easement Area of Lot 3; the cluster subdivision open space area of Lot 2 equals 35,306 sq. ft., of which 18, 638 sq. fr. is located within the Conservation Easement Area on Lot 2 granted herein and the remaining 16,668 sq. ft. is located within the Conservation Easement Area of Lot 3; and the total clustered open space on the Map equals 70, 083 sq. ft. 6. Any and all changes to the lot lines of any of the lots shown on the Map shall require approval by the Planning Board of the Town of Southold. 7. All storm water runoff resulting from the development of any of the lots shown on the Map shall be retained on site and shall be the responsibility of each property owner. Gutters, leaders and subsurface drywells shall be installed in connection with such development to contain surface runoff. 8. Prior to any construction activity on any of the lots within the Property, the construction project will require a General Permit for the storm water run-off from construction activity (GP-02- O1) administered by the New York State Department of Environmental Conservation under Phase ll State Pollutant Discharge Elimination System (SPDES) Program. 9. No storm water run-off resulting from the development and improvement of any of the lots shown on the Map shall be discharged into the wetlands or Laurel Lake in any manner. 10. In the event that both a) the Open Space Conservation Easement granted to the Town of Southold encumbering the Conservation Area shown on part of Lot 2 of the Map and b) the Conservation Easement granted to the County of Suffolk on Lot 2 are not recorded in the Suffolk County Clerk's Office, the Planning Board's approval of the subdivision shall no longer be valid. 11. The Town of Southold Building Department shall not issue building permits for any of the lots on the Map until both of the aforesaid Conservation Easements are recorded in the Suffolk County Clerk's Office. 3 12. The Property is located within the Town of Southold Special Groundwater Protection Area, and, as such, the following is required to further and meet the policies of the Local Waterfront Revitalization: i. The use of synthetic herbicides, pesticides and fertilizers is prohibited. ii. The Declarant covenants that a 100 foot wide Non Disturbance, vegetated buffer area shall be established from the wetland line landward for a distance of 100 feet on Lots 1 and 2. It is hereby understood that the 100 foot Non Disturbance, vegetated buffer is intended to preserve the existing trees and natural growth to protect the water quality of Laurel Lake, provide critical habitat and erosion control. Vegetation within this area shalt remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property and mowing of the existing grass path as depicted on the final plat. Notwithstanding the above, the Non Disturbance, vegetated buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. 13. Pursuant to Section 240-49, "Clearing of the Southold Town Code", cleazing of existing vegetation upon Lot 1 shall be limited to 50 percent of the total lot area. Clearing of existing vegetation upon Lot 2 (excluding Conservation Easement Area granted to Town of Southold) shall be limited to 35 percent of the total lot area. For the purposes of meeting this requirement, the 100 foot Non Disturbance vegetated buffer shall be attributable to compliance with this requirement. 14. The Declarant reserves the right to bargain, sell and convey a 10 foot easement or parcel to the Town of Southold, or a designee thereof, along part of the outer perimeter of Lot 3 for a Walking 4 Trail, on such terms as the parties may agree, provided same complies with the terms of the Conservation Easement on Lot 3 granted to the County of Suffolk. Except as otherwise specified herein, these covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, afrer a public hearing. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. s The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. JACOBY FAMILY LIMITED PARTNERSHIP By Winifred Breines, General Partner By Russell Jacoby, General Partner By Lauren Jacoby, General Partner STATE OF NEW YORK, COUNTY OF SUFFOLKas.: On the day of July, in the year 2008, before me, the undersigned, personally appeared Winifred Breines, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment 6 STATE OF NEW YORK, COUNTY OF SUFFOLK:ss.: On the day of July, in the year 2008, before me, the undersigned, personally appeared Lauren Jacoby, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment STATE OF CALIFORNIA, COUNTY OF as.: On the day of , in the year 2008, before me, the undersigned, personally appeared Russell Jacoby, 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, and that such individual made such appearance before the undersigned in in the State of California. Signature and Office of Individual Taking Acknowledgment Re/jacoby/c&rp jac 7 SHEDULE A DECLARATION OF COVENANTS AND RESTRICTIONS Description of Property shown on Conservation Subdivision Map for the Jacoby Family Limited Partnership Suffolk County Tax Map No. 1000-125-01-5.1 ALL that certain piece or parcel of land with buildings and improvements thereon, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and the State of New York designated as lot no. 1 on the Conservation Subdivision map for the Jacoby Family Limited Partnership more particularly bounded and described as follows: BEGINNING at the intersections of the easterly line of a 16 foot wide right of way known as Kirkup Lane with the northerly line of lot 1 of said map, said point also being 3,321.00+ feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; THENCE along the northerly line of lot 1 of said map North 74 degrees 55 minutes 10 seconds East, 204.66 feet to a point and the waters edge of Laurel Lake; THENCE along the waters edge of Laurel Lake, the tie lines being 1.) South 47 degrees 16 minutes 54 seconds East, 29.39 feet to a point and the northerly line of lot 2 of said map; 2.) South 56 degrees 29 minutes 32 seconds East, 70 feet; 3.) South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4.) South 65 degrees 23 minutes 56 seconds East, 70.80 feet to land now or formerly of the Town of Southold THENCE along said land the following five (5) courses and distances: (1) South 20 degrees 1T 30" West 273.21 feet; thence (2) South 35 degrees 57' 00" West 89.30 feet; thence (3) South 42 degrees 24' 40" West 133.40 feet; thence (4) South 47 degrees 51' 15"West 219.90 feet; thence (5) South 46 degrees 40' 10" West 355.00 feet to land on which the County of Suffolk owns the Development Rights; THENCE along said land the following two (2) courses and distances: (1) North 20 degrees 54' 25" West 665.60 feet; thence (2) North 20 degrees 59' 30" West 100.18 feet to land of the County of Suffolk; THENCE along said land North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point of BEGINNING. re/jacoby/c&rpljac 8 r•~ ~ATTITUCK FIRE DISTRIC~ PO BOX 666, PIKE STREET MATTITUCK, NEW YORK 11952-0666 Comml~loners Jerome E. Zuhoskl., Chairman John C. Harrison, Secretary Barbara Dickerson, Treasuror Martin L Griffin, Sr., Nee Chairman Norman b Rellty, Jr. DaNd F. Hasa Lloyd H. Relsenberg July 21, 2008 Southold Town Planning Board Attn: Mark Terry, Principal Planner P O Bcx 1179 Southold, NY 11971 RE: SCTM#1000-125-1-5.1; Jacoby Family Ltd. Partnership Dear Mr. Terry, The Board of Fire Commissioners requests that all drives and roads on the proposed subdivision application are to cleared and maintained to meet Southold Town Right-of- Way code clearance requirements. and grade to allow for the passage of fire aapparatus. Thank you for your assistance in this matter. r-r~s~.t..~i~..~-,:~°r ~ i } r-", - ~ Sincerely, t_.,_`.__`~' JUL 2 3 2008 John C. Harrison ` Secretary/Fire District Manager' Is i . _ cc: Board of Fire Commissioners "'_,.ry ~ Chief Office (631) 298-8837 Facsimile (631) 298-8841 MAILING ADDRESS: PLANNING BOARD MEMBERS DF S~UT P.O. Box 1179 IyOI Southold, NY 11971 JERILYN B. WOODHOUSE O Chair ~ OFFICE LOCATION: Town Hall Annex KENNETH L. EDWARDS C 54375 State Route 25 MARTIN H. SIDOR ~ ~ i~ GEORGE D. SOLOMON ,gyp (con Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND OIyC~UIY l , Southold, NY ''11, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE July 15, 2008 TOWN OF SOUTHOLD Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, July 14, 2008: The public hearing was closed. WHEREAS, this proposal is for a conservation subdivision of a 10.454-acre parcel into three lots where; Lot 1 equals 46,790 sq. ft. and the clustered subdivision open space of Lot 1 is equal to 34,777 square feet and is located within Conservation Easement Area (3); Lot 2 equals 64,687 sq. ft., and the clustered subdivision open space of Lot 2 is equal to 35,306 of which 18,638 square feet is located within Conservation Easement Area (2) and Lot 3 is equal to 343,890 sq. ft. of which 291,209 square feet is subject to a Suffolk County Conservation Easement and the remaining area consists of subdivision open space; and WHEREAS, an application for sketch approval was submitted on July 20, 2007, including the sketch plan prepared by Nathan Taft Corwin III, L.S., dated May 2, 2007; and WHEREAS, the proposal meets the conservation subdivision criteria and is classified as a Conservation Subdivision pursuant to Chapter 240 of the Town Code; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; and WHEREAS, on October 15, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, pursuant to Section 268-5 of the Southold Town Code, the Southold Town Planning Board has reviewed the proposed action to the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent with the Town of Southold Local Waterfront Revitalization Program; and • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE 1~~Of SOUryo Southold, NY 11971 Chair h~ o OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~IiYCOU,M'~~ Southold, NY IY 1, Telephone: 631 766-1938 Fax: 631 76b-3136 PLANNING BOARD OFFICE July 15, 2008 TOWN OF SOUTHOLD Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, July 14, 2008: The public hearing was closed. WHEREAS, this proposal is for a conservation subdivision of a 10.454-acre parcel into three lots where; Lot 1 equals 46,790 sq. ft. and the clustered subdivision open space of Lot 1 is equal to 34,777 square feet and is located within Conservation Easement Area (3); Lot 2 equals 64,687 sq. ft., and the clustered subdivision open space of Lot 2 is equal to 35,306 of which 18,638 square feet is located within Conservation Easement Area (2) and Lot 3 is equal to 343,890 sq. ft. of which 291,209 square feet is subject to a Suffolk County Conservation Easement and the remaining area consists of subdivision open space; and WHEREAS, an application for sketch approval was submitted on July 20, 2007, including the sketch plan prepared by Nathan Taft Corwin III, L.S., dated May 2, 2007; and WHEREAS, the proposal meets the conservation subdivision criteria and is classified as a Conservation Subdivision pursuant to Chapter 240 of the Town Code; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; and WHEREAS, on October 15, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, pursuant to Section 268-5 of the Southold Town Code, the Southold Town Planning Board has reviewed the proposed action to the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent with the Town of Southold Local Waterfront Revitalization Program; and • s WHEREAS, on August 28, 2007 the County of Suffolk Department of Planning submitted a "Comment" pertaining to the "landlocked design of Lot 2"; and WHEREAS, on June 27, 2008, the Suffolk County Department of Health Services, issued approval for the action; therefore be it RESOLVED, that pursuant to Section 268-5 of the Southold Town Code, the Southold Town Planning Board has reviewed the proposed action to the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent with the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Planning Board hereby overrules the comment made by the County of Suffolk Department of Planning due to the fact that both parcels are improved, serviced by an existing driveway and a "Right-of-Way" agreement will be required; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval upon the map prepared by Nathan Taft Corwin III, L.S., dated May 2, 2007, subject to the following conditions: 1. The recording of the Liber and Page Number of the Suffolk County Conservation Easement on the final plat. 2. The submission of an executed Open Space Conservation Easement to the Town of Southold for Conservation Easement Area No. 2. The document shall be filed with the Office of the Suffolk County Clerk, upon filing, the Liber and Page Number assigned to the document shall be recorded on each final plat. The following clauses shall be referenced in the document: a. "The clustered subdivision open space of Lot 1 is equal to 34, 777 square feet and is located within Conservation Easement Area 3". b. "The clustered subdivision open space of Lot 2 is equal to 35,306 of which 18, 638 square feet is located within Conservation Easement Area 2. The remaining 16, 668 square feet is located within Conservation Easement Area 3. " c. "The total clustered subdivision open space is equal to 70,083 square feet" d. "Laurel Lake is a Town of Southold Special Groundwater Protection Area as such; to protect the surface and sub-surface water quality of the area, the use of synthetic herbicides, pesticides and fertilizers is prohibited." 3. The execution of the "Right-of-Way" Agreement and filing of the document with the Office of the Suffolk County Clerk, upon filing, the Liber and Page Number assigned to the document shall be recorded on each final plat. 4. The execution of the "Covenant and Restrictions submitted to this office on November 26, 2007 inclusive of the below amendments and filing of the document with the Office of the Suffolk County Clerk, upon filing, the Liber and Page number assigned to the document shall be recorded on each final plat. a. Clause 5: Strike language of clause and replace with the following language: i. "The clustered subdivision open space of Lot 1 is equal to 34, 777 square feet and is located within Conservation Easement Area 3." ii. "The clustered subdivision open space of Lot 2 is equal to 35, 306, of which 18, 638 square feet is located within Conservation Easement Area 2. The remaining 16, 668 square feet is located within Conservation Easement Area 3. " iii. "The total area of subdivision clustered open space is equal to 70, 083 square feet". b. Clause 10: Update the language to reflect Lot 2 and 3 Conservation Easements. z c. Add a clause stating: Pursuant to § 240-49. `Clearing of the Southold Town Code, clearing of existing vegetation upon Lot 1 shall be limited to 50 percent of the total lot area. Clearing of existing vegetation upon Lot 2 (excluding Conservation Easement Area 2) shall be limited to 35 percent of the total lot area. For the purposes of meeting this requirement the 100 foot Non- disturbance, vegetated buffer shall be attributable to comply with this requirement. " d. Add a clause stating: °The parcel is located within the Town of Southold Special Groundwater Protection Area as such the following is required to further and meet the policies of the Local Waterfront Revitalization Program: i. The use of synthetic herbicides, pesticides and fertilizers is prohibited. ii. The Declarant covenants that a 100 foot wide Non Disturbance, vegetated buffer area shall be established from the wetland line landward for a distance of 100 feet on Lots 1 and 2. It is hereby understood that the 100 foot Non Disturbance, vegetated buffer is intended to preserve the existing trees and natural growth to protect the water quality of Laurel Lake, provide critical habitat and erosion control. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property and mowing of the existing grass path as depicted on the final slat. Notwithstanding the above, the Non Disturbance, vegetated buffer area maybe supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees." 5. Add a clause referencing the Trail Easement. 6. A determination of fire protection and access by the Board of Mattituck Fire ? Commissioners. 7. Submission of a permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation. 8. Submission of the Park and Playground Fee in the amount of $3,500 ($3,500 for each new residential lot being created) or a letter requesting the waiver of such with substantive reasoning. Upon satisfaction of the above conditions, the application will be considered for Final Approval. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, G~~? Gc,Gc~/' Gc/ Jerilyn 8. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator Robert Zaher, Division of Real Property Acquisition and Management 3 MAILING ADDRESS: PI,AhINIIVG BOARD MEMBERS pOF SQU~. P.O. Box 1179 JERILYN B. WOODHOUSE 4~P y~ Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR ~ Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ w~~~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOwNSEND Oli~'`(7Ui11 ~ Southold, NY Telephone: 631 765-1938 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 2008 Mr. John C. Harrison Mattituck Fire District P.O. Box 666 Mattituck, NY 11952 Re: Request for review on the Conservation Subdivision of Jacoby Family Ltd. Partnership Located at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck SCTM#1000-IZS-I-5.1 Dear Mr. Harrison: The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This proposal is for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Developments Rights to the County of Suffolk. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Mar erry Pr' cipal Planner Encls.: ~~~teta=t~pppisa€le~ Subdivision Plat ~ ~ ~ • ~ S Submission Without a Cover Letter Sender: ~ ~L~ 15~8~'~ ~/J ,.,,.,=v., suUJecx: ,~/~GO~~ ~~4-(M, L ~DN S ~ ~ . r.,_, w~~ SCTM#: 1000 - l"L 5 , O ~ D S I ~ ~ , ~ - ~ i 1 i JUL - 2 2008 ~ Date: ~ t ~ D o I _ J Comments: ,..,.....,,.M...........~..,....w..~~ ~ p ~ ~ ~5 C~. # l Imo) Lo Q ~ ~ ~ c~~ MAILING ADDRESS: PLANNING BOARD MEMBERS O f SQU,GG P.O. Box 1179 JERILYN B. WOODHOUSE O~~ '7~ Southold, NY 11971 Chair ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND IiYCOU~ Southold, NY Telephone: 631 765-1938 Fas: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 10, 2008 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 9, 2008: RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Jacoby Family Limited Partnership Subdivision. The next regularly scheduled Planning Board Meeting will be held on July 14, 2008 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Jenlyn B. Woodhouse Chairperson MAILING ADDRESS: PLANNING BOARD MEMBERS OF S~VT P.O. Box 1179 JERILYN B. WOODHOUSE O~~ y0l Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARD5 ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~0 (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~li`COU,M'~~ Southold, NY 1111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2008 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, May 12, 2008: RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Jacoby Family Limited Partnership Subdivision. The next regularly scheduled Planning Board Meeting will be held on June 9, 2008 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Jenlyn B. Woodhouse Chairperson Southold Town nnin Board Work Session A en Pa e Two 5j-'~/c ~ Subdivisions: Wa~oby Family Ltd. Partnership SCTM#1000-125-1-5.1 Location: at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck. Description: Conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Developments Rights to the County of Suffolk. Action: Review Concept Plan. 2 i ~ ~ e~ Submission Without a Cover L~r --T G~ , y ~ Sender: ~ APA 2 8 X08 ~ - a m - - SCTM#:.1000 - ~ o'~Jr-'' ~ ° _ Date: ~ ~ ,7~ vI O~ Comments: f C~ ~ f ~ L ~ ~ l MAILING ADDRESS: PLANNING BOARD MEMBh~ P.O. Box 1179 JERILYN B. WOODHOUSE ti~~~o~ S~(/TyOlO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ • ~O (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND O'.COU,M'~~ Southold, NY 1111 Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 15, 2008 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 14, 2008: RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Jacoby Family Limited Partnership Subdivision. The next regularly scheduled Planning Board Meeting wi{I be held on May 12, 2008 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson ~r ~ ~ t P~~~u~~. a Submissiou Without a Cover Letter Sender: ~ L9dd~-t+v~ W~ v Subject: cj ~~{,L V SCTM#:.1000 - ~ 2 5 ll~ Date: ~ ~ ~ Comments: C~~ `z" ~-~~/~6`zc~ - ~ ~ ~ti~ , . APR - 8 2008 L_ ~ • ~yi~. James F. King, President ~OF SOUTy Town Hall Jill M. Doherty, Vice-President ~0~ Ol0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. ~ ~ i~ Telephone (631) 765-1892 ~~C(7~~ Fax (631) 765-6641 _.....-..+ann~ ,~-:a.,. BOARD OF TOWN TRUSTE~E:R ^ ~ TOWN OF SOUTHOLD - TO: Mark Terry, Principal Planner ~ ?''~3 i Planning Board FROM: James F. King, President Board of Trustees - DATE: March 24, 2008 RE: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, Mattituck SCTM# 1000-125-1-5.1 ZONING DISTRICT: A-C The Southold Town Board of Trustees reviewed the subdivision plan prepared by Nathan Taft Corwin III, last dated November 27, 2007, and received on March 18, 2008, and determined the proposed work of constructing a new dwelling and a new sanitary system on each of the two parcels to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. JFK/eac • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE ~o~~DE SO(/jy~lo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ .ate (cor. Main Rd. & Youngs AveJ JOSEPH L. TOWNSEND ~Iy~DU~'~~ Southold, NY Telephone: 831 766-1935 Fax: 631 765-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 18, 2008 To: Jim King, President Board of Trustees From: Mark Terry, Principal Planner Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Pursuant to Chapter 275, Wetlands and Shorelines of the Southold Town Code, the Southold Town Planning Board is requested a jurisdictional determination relative to the proposed action for the above referenced property. A plat is enclosed for your use. Enc. Cc: Bill Gorman, Agent . . MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE SO~TIyO Southold, NY 11971 Chair l0 y OFFICE LOCATION: KENNETH L. EDWARDS ~ Town Hall Annex MARTIN H. SIDOR C 54375 State Route 25 GEORGE D. SOLOMON • ,~O (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~~a.COU'M'~~ Southold, NY 111, Telephone: B31 76b-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11, 2008 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 10, 2008: RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Jacoby Family Limited Partnership Subdivision. The next regularly scheduled Planning Board Meeting will be held on April 14, 2008 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson MRR~05-2008 14:35 FROM:WICKRM ~SLER 631 298 8565 T 7653136 ~P•001'002 _.4 M T Law Offices WICKFIAM, BRES3LER, CORDON & GEA3,A~, P.C. 4 1307.5 Main Road, P.O. Box 1424 Mattituck, New York 11952 631-298&8353 Telefax no. 631-29$-8565 Thi3 trensmi5sipn ppnming infonn4tion cpnfidcntial andlor legally privileged. It IS intended far use Only by the perspn to whom it is d{rectod. !f you have received this mlecopy 1t1 ettor, please nati(y LL8 by te]epho~ imficdiately sp that we can arrange fpr the return of the documents tp us at no cp5t t0 you, ff you do not receive sll o£tl+c paper i~Icated, please call ss soot[ as p055ib1c at the number atrova. From ~a I Slst' J ~ _ ,Date: 3 .S Re: gC•O~Ot'1 ` This is page orte of ~ s: P M``RR-05-2008 14:35 FROM:WICKRM~SSLER 631 298 8565 T 53136 P.002~002 Ihcoby ~ hnp://wetnnailom/348651aollea-us/MaiVPrimMessage.sgpx From: wwblaw~aol.cam Yo: mark.terfy~townsouthold.ny.us 13ce: rhlll~nodheastpartners.com SubJsd: Jacoby Data; 7riu.28 Feb 2008 4:D1 pm Mark: This is to corrllrm that the Board has approved the~Covenants and Restrtctions In this matter, per your advice yesterday. As we also discussed, I think it advisatlle to Include an additional provision in the Covenants which speGiflcally permits the granting of a trail easement,:. aS the potentiatfor that was of major Interest to the Board. Therefore, I would like your consent to add fhe ~folfawing provision to the Covenants and Restrictions prior to their being recorded: Deolarant:reserves the right to convey 8n easement Dyer the Property, or to convey a portion of the Property, to the Town of Southold for purposes of a walking trall;.to be Irjcorporeted into the existing tray system of the Town ? of Southold Ir1 the Laurel Lake basin. Such conveyance shall not be deemed to create a subdivision of the Property pr to violate the terms and contflflpns of the subdivision approval or these Covenants. Please conArm that Phis is acceptable, and feel free {o provide comments to the proposed language. 'fhe County Is working Through the process of the Conservatlan Easement, and the next step Is the review by the Parks Committee on fularch 20. i think that Committee would feel more comfortable with specific language pertaining to the potential' for an easement In the Covenants. A trail Is spec~cally permitted under the terms of the County's contract. Gab Wickham Supercharge your RIM, Get fhe AIM toolbar for your browser. 31~1~$ (YM~K 1~ ' "T1~'~s ~is wha.1' ~ a~Z.o~ ~ ewi.a.~~ lost' w~.k . wr~>~ . - 1 of t 3/SR008 2:24 ,~i • MAILING ADDRE.S.9: PLAPINING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE ~~OF ~~VTyO Southold, NY 11971 Chair ~q `O OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR ~ 54375 State Route 25 GEORGE D. SOLOMON ~ • ~O (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~~~.CO~'~~ Southold, NY Telephone: 631 786-1838 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2008 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 11, 2008: RESOLVED, that the Southold Town Panning Board hereby holds open the public hearing for the Jacoby Family Limited Partnership Subdivision. The next regularly scheduled Planning Board Meeting will be held on March 10, 2008 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 3oZs K Gam, ~-cY~TtrcK., ~ ~ by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on 'EEC ~6~~, I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record o every property which abuts and every property which is across on Your N e ( ri g re ~J' Z'4 ! S {4/Lf!-l A~ ~1j • i D l~.l E/lt ~ , .!c-J" "1 Address 2 ~ 5~ T f/ / .,r, . -,.,.,.v. , N .,1gh Date l/ b _ » `gP , f s ' - ' ' i . Nota P blic _ FEB - 51008 John M. Judga ! ` NOTARY PUBLIC, State of New York I No. OtJU6059400 + Qualified In Suffolk County ~ , Commission Expires May 9, 20 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 2/8/08 Re: Proposed Conservation Subdivision of the Jacobv Familv Limited Partnership SCTM#s: 1000-125-1-5.1 Date of Hearing: Monday. February 11, 2008, 6:00 p.m. j ~ • • . . . . ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Rest9'~d Delivery is desired. 'Agent ¦ Print y~ a and address on the reverse X ? Addressee SO that we Can return the card to you. g. Receiv (Pd tad Name) C. Da a of IWery I ¦ Attach this card to the back of the mailpiece, 1 or on the front if space permits. 'e 2 Z D. Is delivery add horn 11 1. Article Addressed to: I} yES, enter to L ~ ~ ~ ~ ~ ~ , 3. ce Type 0 CD l J'E~ l t ~ ICJ Certif(ed Mall ~ N Mail ~ Postage $ x•41 v~^ •w t ~V ? Registered ? Return Receipt for ~ f r ? Insured Mail ? C.O.D. O GeNtled Fee fQ,(r5 «i p~mark l 1 ` 4. Restdcted Deliver)? (EMra Fee ~ Ratum Receipt Fee Here ) f ~ (Endorsement Requiretl) x•15 2. Article Number O Restricted Delivery Fee (rians/er from service lebe!) 706 010 004 4072 X119 L7 (Endorsement Regwretl) PS Form 3811, Febmary 2004 Dome Return Receipt 102! ~ Total Postage a Feas ~ fg.21 ~i~~ 1. Article Addressed to: ~ • If YES, enter deliv • bel0 C O ant To - ~ ~7`rN•• T~ ~i, ~ r Street. Ant. e.; ~ V l/j) or PO BOx NO. ~ +1. ~ f (q ? ( ~ W ~ V ~ ~VVfl7tJ"~ t' ~ 7~9rQ Citl%Sla .ZIP+4 r 3. Service Type ~ ~t~TB-f~L~ ~ ? Certified Mall ? Express Mall O ntT C ~a~ I / o V~.~?....J.-r.....-.._ ? Registered ? Return Receipt tort . I Iq C`- Street, APt. No.; l l ? Insured Mall ? C.O.D. orPO BOZ NO. ~0 f~/` ~ ~ 4. Restricted DeliVeryT (Extra Fee) C i Ci'N• stale, ~'16W : ~ `rr ~ ~ ' C t Z 2. Article Number : r r - ~ ~ v (TiansteT from service lobe!) 7~~6 010 ~0~4 4072 0096 o sent o ~y~~ PS Form 3811, February 2004 Domestic Return eoeipt tots tom,,, ~.T-z`-~~---------•-- $frear, Apt. No.; t~ ~ y.~.~~ D. IS d Nery ad di horn item 11 or PO Box No. --~v, Y h V C7rr~' l 1. Article Addressed to: City, Stafe, zlP+a~ ^ " Y j ~ _ If YES, enter delivery address below: C -11 ~1 JEr~ ~ ` I i r~ AtI~£i- ~+4tcs V l~(A~ f~ SYreet, ilpt. NO.; r G~v~~.. ( , 1 ~ 3. SBrvlceTYpe or POBOxNO. ~~tpS ~ ' ~ 9`48 cry, srara,=,P~4 - • 1.~ , r3`I l r 44 ° 1~ . . _ ¦ Complete items 1, 2, and 3. Also complete r r A. i9nature A ~ 4. item 4 if Restricted Delivery is desired. - f / _ ? Agent li 2. Article Number ¦ Print your name and address on the reverse K'~n"A- /Zyl'~ ? Addressee j rooster lrom service label 7 0 0 6 D 1 ~ ~ so that we can return the card to ou. (7' ) Y gg Receivetl by (Printed Nam9) C, Date of Delivery PS Form 3811, Februa 2004 mastic Return F ~ Attach this card to the back of the mailpiece, ~1~n ~ j ~ / ~ , ~ ry or on the front if space permits. TT fU ~r~ - D. Is delivery different from ttem 11 ? Yes 1. Article Addressed to: 1. Article Addressed to: If YE ter ' ery ress below: ? No Eu~~43~ ~o~"t" T~V~D 5. ~~Cati ~k.l~~ ~c~..~.D ~'o aox 882 ~ . 5csr~7'e~-Y-~~ ~-3'`~ 3. NM~r'c't't-CVCK, ,;,T/- ~Q'( 3 ? Ce ed press Mall ~ ~ li~~ ? nsgulred Mail ? C.O.D. Receipt for Merotrantllse 4 4, Restricted Delivery!(Extra Fee) ? Yes 2. Article Number 2. Article Number 7004 1350 [ renaferr~n~mcel 7~~6 0100 ~~~4 4072 ?102 (fiansler from service label,! - - R ~ PS Form 3811, February 2004 Domestic Return I PS Form 3$11, February 2004 Domestic Return Receipt to2sssn2-r+t-tsar f ~ MAILING ADDRESS: PLANNING BOARD MEMBERS OF S~l/T P.O. Box 1179 JERILYN B. WOODHOUSE O~~ y~l Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~'0 ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND li''COU'M'~~ Southold, NY IY 1, Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OFSOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of February, 2008 on the question of the following: 6:00 .m. Proposed Conservation Subdivision of the ~t%t ' cated at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-125-1-5.1 6:05 p.m. Proposed Site Plan for North Fork Hardware located approximately 769' w/o Boisseau Avenue, on the n/s/o NYS Road 25, known as 54795 Main Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-62-1-3 Dated: 1 /24/08 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, JANUARY 31, 2008 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times r • • Page 1 of 1 Kalin, Carol From: Kalin, Carol Sent: Thursday, January 24, 2008 2:45 PM To: 'JOAN ANN';'eduffy@timesreview.com' Subject: Legal Ad for 1/31/08 edition Attachments: Jacoby north fork hardware.doc Please print the attached legal ad (public hearings for 2/11 Planning Board Public Meeting) in the January 315r edition and send me confirmation of receipt. Thank you. ~/off 9/0 8~ l/'~-cam G~,r, G~-,~ ~~-~-r~-,-~ ~tJC~r't~ - I /29/2008 R • • MAILING ADDRESS: PLANNING BOARD MEMBERS QF S~Vr P.O. Box 1179 JERILYN B. WOODHOUSE O~~ h~l Southold, IVY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR ~ • 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~IiYCOU,M'~ Southold, NY 1111 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hafl, Main Road, Southold, New York on the 11th day of February, 2008 on the question of the following: 6:00 p.m. Proposed Conservation Subdivision of the Jacoby Family Limited Partnership located at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-125-1-5.1 6:05 p.m. Proposed Site Plan for North Fork Hardware located approximately 769' w/o Boisseau Avenue, on the n/s/o NYS Road 25, known as 54795 Main Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-62-1-3 Dated: 1 /24/08 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 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 January, 2008 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall. 53095 Main Road. Southold New York 2/11/08 Regular Meeting: 6:00 p.m. Public Hearing for the proposed conservation subdivision of the Jacoby Family Limited Partnership, SCTM#1000-125-1-5.1 6:05 p.m. Public Hearing for the site plan for North Fork Hardware, SCTM#1000-62- 1-3 ~ ~t2 ~ off.-r..> Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ~-~day of~N,tt,P~,d''~ , 2008. u,^ ~ Notary MELANIE DOROSKI NOTARY PUBLIC, State of New York No.01D04634670 Dualifieo in Suffolk County ~ ~ Commission Expires September 30, #8697 • • STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1 week(s), successively, commencing on the 31st day of January, 2008. 6th,. Principal Clerk Sworn to before me this ~ day of t"'l~? ~ 2008 NO CE IS HEREBY GIV1rN that, G'NRISiINA VOLINSKI pursuant to Secfion 276 of the Town l,.pnr i; STATE OF NEW YORI Law and Article XXV of the lode of ~ .:06105050 the Town of Soufhold, a public hear- ing will be held by [tie Southold Town rp ifl SUttOlk COUnfY Planning Boazd, at the TOwmHaIl,Main ,-nnlfal FBbfUOfy 48 r Road, Southold, New York on the 11th dey of February, 2008 on the question of the following: 6:00 p.m. Proposed Conservation Subdivision of the Jacoby Family Lim- ited Partnership located at the termi- nus of Kukup Lane, slo Sound Av- enue, in. Mattituck, Town of Southold, County of Suffolk, State of Newyork. Suffolk County Tax Map Number 1000-125-1-5.1 6:05 p.m. Proposed Site Plan for North Fork Hardware located ap- proximately 769' w/o Boisseau Avenue, on Ne n/s/o NYS Road 26, known as 54795 Main Road, in Southold, Town of Southold, County of Suffolk, Sm[e of New York. Suffolk CounTy Taz Map Number 1000b2-13 IIated: l/1A/08 HY ORDER OF THE SOU'1'HOLD TOWN PLANNHYG BOARD Jerilyn & Woodhouse Chairperson 8697-1T 1CJ1 MAILING ADDRESS: PLANNING BOARD MEMBERS OF ~~UT P.O. Box 1179 JERILYN B. WOODHOUSE O~~ y~l Southold, NY 11971 Chair ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D. SOLOMON %2~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND Iy~DU~'~ Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 15, 2008 Mr. William Gorman P,O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, January 14, 2008: RESOLVED, that the Southold Town Planning Board set Monday, February 11, 2008 at 6:00 p.m. for a final public hearing on the final plat prepared by Nathan Taft Corwin, III, Land Surveyor, dated May 2, 2007 and last revised on November 27, 2007. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. February 8th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, JerilyG%~dhouse Chairperson Enc. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1000-125-1-5.1; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Developments Rights to the County of Suffolk. The property is located at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Mondav. February 11.2008 at 6:00 p.m. in the Meeting Ball at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Jacoby Family Limited Partnership Date: 1116!08 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 218/08 Re: Proposed Conservation Subdivision of the Jacoby Family Limited Partnership SCTM#s: 1000-125-1-5.1 Date of Hearing: Monday. February 11, 2008, 6:00 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause 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. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 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, petitioner or his/her agent shall file air affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied witli this provision prior to commencement of the public hearing. 1 JACOBY FAMILY LIMITED PARTNERSHIP CONSERVATION SUBDIVISON OF THE a~JACOBY FAMILY LIMITED PARTNERSHIP 1000-125-1-5.1 Proposal for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Developments Rights to the County of Suffolk. ~VIONDAY -FEB. 11 200 - • 8 6.00 P.M. FORM TO ACCOMPANY CONTRACTS LEASES AND AGREEMENTS SENT TO THE TOWN ATTORNEY FOR APPROVAL The document is between the Town of Southold and ~w Renewal If renewal, what is the expiration date of the previous document? ~1 or Term of document: Information regarding the nature of the do ment (what is it for): ~ ~ ~ Con r.,w~,o S ~ ~t0 M ~ C b (~S ~O` -P~ ~ ~ i s al ~a ,6 1 r l b-o Q M2 yeVe.~,.~ ~r ~ ~1~~ Resolution Date: Date document needs to beed by: ~t~3 Sent to:-Q}~o r 0 ~-c~ Date: ~ ~ Date: Date: Contact Person at TOS: m ~ c M 7' ~ ~ LAW OFFICES WICKHAM, BRESSLER, GORDON &GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAILA. WICKHAM SUITE Ill LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX N0.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX N0.631-249-9484 December 12, 2007 .,d Attn: Mark Terry, Sr. ~ ~i _ Environmental Planner ~ l~ l ~ ~i^~ Soutnold Town Planning Board ~ ~ ~ ' ~ ~ ~ S Post Office Box 1179; 53095 Main Road ! t°l ` ~ ~ ~ Southold, New York 11971 11 ~ Re: Jacoby Family Conservation Easement SCTM# 1000-125-1-5.1 Dear Mark: . . -.~,.n».,.....,. Enclosed is correspondence from the County regarding the contract for the Conservation Easement and the anticipated procedure. The County Attorney has approved it as to legality, and we enclose copies of the relevant pages. The Covenants and Restrictions have been signed and will be be sent for recording when you advise that they are acceptable. Very truly yours, Abigail A. Wickham AAN~/ac Encl. 30/shdpb5 COUNTY OF SUFFOLK. STEYE L.E V Y SUFFOLK COUNTY EXECUTIVE CHRISTINE MALAFI DEPARTMENT OF LAW COUNTY ATTORNEY ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO: December 7, 2007 Abigail A. Wickham, Esq Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, P.O.Box 1424 Mattituck, NY 11952 Re: County of Suffolk from Jacoby Family Limited Partnership Premises: SCTM# 1000-125.00-01.00-005.000 Dear Gail, As per your request, enclosed please find a copy of the contract for the Conservation Easement from the Jacoby Family Limited Partnership to the County of Suffolk. The contract has been approved for legality by the Department of Law and is contingent upon an Authorizing Resolution from the Suffolk County Legislature. The anticipated sequence is as follows: - Contract signed by the Sellers. - Contract approved for legality by County Attorney's Office and approved by Division of Real Property Acquisition and Management. - Conditional final subdivision approval from the Planning Board, contingent upon Sellers granting a Conservation Easement to the County. Upon receipt of the conditional final subdivision approval, the County will order a survey. - Planning Board final approval and signature on Map. - Submission to the Suffolk County Legislature of Authorizing Resolution approving execution of contract, and receipt of Authorizing Resolution approving acquisition. - Resolution of any title issues and filing of Final Map. - Closing with County and Sellers. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. P.O. BOX 6100 (631) 853-4049 100 VETERANS MEMORIAL HIGHWAY ~ HAUPPAUGE, NV 1 1 788-0099 ~ TELECOPIER (631) 853-5169 Abigail A. Wickham, Esq December 7, 2007 Page 2 If you have any question, please do not hesitate to contact me. Sincerely yours, CHRISTINE MALAFI BY~ ~Q~'~t~pa~. lt'~ ~ Kathleen A. Burke KAB/fm Encl. cc: Janet Longo, Assistant to the Commissioner-Acquisition Supervisor Michael Brown, Acquisition Agent • zd0? THIS AGREEMENT, made this day of 4986,' BETWEEN JACOBY FAMILY LIMITED PARTNERSHIP, a New York Corporation with offices at P.O. Box 1560, Mattituck, New York 11952, hereinafter described as the SELLER, and the COUNTY OF SUFFOLK, a municipal corporation, having its principal offices at County Center, Riverhead, New York, hereinafter as the PURCHASER, WiTNESSETH, that the SELLER agrees to sell and convey, and the PURCHASER COUNTY OF SUFFOLK agrees to purchase in accordance with the Suffolk County Multifaceted Land Preservation Program pursuant to Resolution No. 459-2001 (Ss' Resolved Clause) for the Suffolk County Open Space Preservation Program pursuant to Resolution No. 762-1986, as corrected by Resolution No. 1212-1986, and as further clarified by Resolution No. 1266-1989, and Resolution 621-2004, and Resolution No. 2006, all on file with the Clerk of the Suffolk County Legislature, and as approved by the Suffolk County Department of Pazks, Recreation and Conservation Board of Trustees in exercise of their duties as authorized by Suffolk County Resolution No. 762-1986; a conservation easement on all that certain plot, piece or pazcel of land as is more fully described in Schedule "A", attached hereto and made a part hereof, known as the Laurel Lake Addition -Jacoby Family Limited Partnership, and identified as Suffolk County Tax Map No. 1000-125.00-01.00-005.001 p/o being 8.661 acres the subject premises (the "Premises"). For the purposes of this contract, Schedule A will temporarily consist of a sketch or diagram of the area of the conservation easement, which sketch will be replaced prior to closing with a final accurate survey of the azea of conservation easement. 1. PURCHASER SUFFOLK COUNTY is a municipal corporation and has the authority to acquire conservation easements pursuant to General Municipal Law §247 (a) The Conservation Easement A Conservation Easement (the "Conservation Easement', is an immediately vested easement covenant, restriction or other interest in real property, created under and subject to the Local Law, which linuts or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, azchaeological, azchitectural or natural, condition, chazacter, significance or amenities of the Subject Premises. (b) Purpose It is the primary purpose of this Easement to: 1) enable the Subject Premises to remain as open space or open area which is characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development or would maintain or enhance the conservation of natural or scenic resources. 1 t~ IN WITNESS WHEREOF, this agreement has been duly executed by the parties hey IN PRESENCE OF: COUNTY OF SUFFOLK JACOBY FAMII.Y LIIviITED PARTNERSHIP ~w.2^ By: PAiJL SABATINO II By: BRED B IVES Clrief Deputy County Executive ral arhrer By:. US JAC Gen Partner 1,~cn ~c~w~r By: LAUREN JACOBY General Partner Approved ss t0 Legality.: CHRISTINE MALAFI Cou(n~~ty'~ Attorney APPROVED: Jl'I~~QP~. CYi~ AA o - By: KATHLEEN A. BURKE By: PATRiCIA B. z1ELENSKI Assistant County Attorney . Division Director Real EstatelCoademnation Bureau Division of Real Batate DeparhneuYof Law Department of Planning ,e%,o~.~ fv Ca/4,is~,cr,~/Iah/ Enr£!^~f-tvl /.~G/ =~~f; I.3 ,evfl~ ~ Gv4~ ENE ,Ov~K~~- ~vr,~~ ~~~-~NF~ s ~ ~ ~ l~ Rider to Conservation Easement Agreement SUBDIVISION CONTINGENCY. 't'his Agreement is contingent upon Seller receiving a conservation subdivision approval from the necessary governmental agencies to separate the subject SCTM # 1000-125-O1-05 i~o three tots of approximately the following sizes: 1.00 acres, 1.00 acres and 8.66 acres, respectively. The 8.66 acres parcel will be subject to the Conservation Easement. Nothing herein shall be construed to be an approval of the subdivision by the Planning Boazd of the Town of Southold or a waiver of any of the provisions of the Town Code. Furthermore, nothing herein shall be construed as indicative of the Town's preference for a particulaz layout or design. The Property from which the development rights are to be acquired herein shall be based upon the area and dimensions as shown on the approved and filed subdivision map. Seller may waive this subdivision contingency and seek to close this matter upon written notice to Purchaser. In such an event, the area from which the Conservation Easement is to be acquired shall be based upon the survey prepazed in accordance with Schedule A herein. Winifred Breines c~ Q_ ~u-e-O Russell Jacoby ` -f^ Lauren Jacoby v ~ 4 ~ ~ r~~ IiED E „A~~ 005.001 p1o 00-O1•00- SCTMN~-1000-125.00- descriptionsubseQu~t or parcel, known as 11 metes and b°unds. lot, pig ect to a fu of Suffolk. All that certain p State of New Yuck, subj teedto the County 1 i. County of Suffolk, to.date survey 8uazan . to and in accordance with an uP' } • ~ i .'a 1. 0 1 ~ ~ USX ~ - O ~~1) / ~ S f ~I~/Q~;, s^. ~G4 ~ Vv klr// ~ ~ _ ref ,!r` 3 ~L • ; aye ` 4 4 ~ Y , jJ i~o-0 a 2 ~ N ~n ' ~ o~ O - p~ f a a z 4 v ^P' t, , ~ ~ t. ti" 'n ~ / fir') - l ~ - / .."qw x`04. t~` L 't.,, V 4+`'+ta ~ ! do S~. ~ 7 Y' - of ~ ~ X90 ~ ~ y ' , ' ' N ! V7 h.. v ~ ty ~ ~ c15 o ~ ~ , ~ zE M~xt m eo nF pV ~ t 2 ~ . 12 • • ~ ~r ~ Submission Without a Cover Letter Sender: Subject: ~j+Q,~~ 1-~ L--~d ~/QIQ~~~ l ~o,~! S_ Scl/3. SCTM#:.1000 - ~ Z Ste- ~ ~ - ~ S Date: ~ Z ~ l ~Q ~ Comments ~'VG C:`v ~Cl~(J~ ~1/t-`~~~5 , DEC - 4 tC07 i ' ~ • • LAW OFFICES WICKHAM, BRESSLER, GORDON &GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE 111 LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 wwblaw@aoLcom TELEPAX NO. 631-249-9484 November 21, 2007 Attn: Anthony Trezza Southold Town Planning Board Post Office Box 1179; 53095 Main Road Southold, New York 11971 Re: Conservation Subdivision of Jacoby Family Limited Partnership Premises: The terminus of Kirkup Lane, south of Sound Avenue, Mattituck.NY SCTM# 1000-125-1-5.1 - Dear Anthony: Enclosed are the following for your review: 1.) Declaration of Covenants and Restrictions; ` i , 2.) Right of Way Easement Ve truly yours, j Abigail A. Wickham AAW/jm Encl. 30/shdpb(2) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of November, 2007, by JACOBY FAMILY LIMITED PARTNERSHIP, a New York Limited Liability Company, with offices at P.O. Box 1560, 3055 Kirkup Lane, Mattituck, New York 11952, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 3055 Kirkup Lane, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-125-1-5.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property")and WHEREAS, the Declazant has made an application for and has received conditional approval from the Planning Board of the Town of Southold for a subdivision of the Property into two (2) parcels, as shown on map of "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", prepared by Nathan Taft Corwin, III, last dated , which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Boazd 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 upon the Property, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, upon the filing of the subdivision map in the Suffolk County Clerk's Office, the Declazant shall record a Conservation Easement to Suffolk County encumbering the Conservation Easement Area shown on the subdivision map; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said pazcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declazant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. All future property owners/residents of the lots located on the Property are hereby noticed that they may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXI, Farmland Bill of Rights, of the Code of the Town of Southold. 2. Access to Lot 2 shall be from the 16' -wide right-of--way over Lot 1 as shown on the subdivision map and will be subject to the terms of an access easement that will be recorded in connection with this subdivision. 3. No further subdivision of any of the lots reflected on the subdivision map referenced above shall be allowed, in perpetuity. 4. All utilities servicing the Property shall be located underground. 5. The clustered subdivision open space is equal to 64,758 square feet and is within the preserved land on the Conservation Easement Area of Lot 2. 6. Any and all changes to the lot lines of any of the lots shown on the subdivision map shall require approval by the Planning Board of the Town of Southold. 7. All stormwater runoff resulting from the development of any of the lots shown on the subdivision map shall be retained on site and shall be the responsibility of each property owner. Gutters, leaders and subsurface drywells shall be installed in connection with such development to contain surface runoff. 8. Prior to any construction activity on any of the lots within the Property, the construction project will require a General Permit for the storm water run-off from construction activity (GP-02- O1) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 2 9. No stormwater run-off resulting from the development and improvement of any of the lots shown on the subdivision map shall be discharged into the wetlands or Laurel Lake in any manner. 10. In the event that the Conservation Easement encumbering the Conservation Area shown on Lot 2 of the subdivision map is not recorded in the Suffolk County Clerk's Office pursuant to the approved subdivision map, the Planning Board's approval of the subdivision shall no longer be valid. 11. The Town of Southold Building Department shall not issue building permits for any of the lots on the subdivision map until the Conservation Easement is recorded in the Suffolk County Clerk's Office. 12. Except as otherwise specified herein, these covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Boazd of the Town of Southold, afrer a public hearing. 13. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them. 14. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, 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. 15. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall 3 not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 16. The within Declazation is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declazant above named has executed the foregoing Declaration on the day and year first above written. JACOBY FAMILY LIMITED PARTNERSHIP By Winifred Breines, General Partner By Russell Jacoby, General Partner By Lauren Jacoby, General Partner COMMONWEALTH OF MASSACHUSETTS: :ss.: COUNTY OF On the day of November, in the year 2007, before me, the undersigned, personally appeared WINIFRED BREINES, 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, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instnument, and that such individual made such appeazance before the undersigned in the City of County of ,Commonwealth of Massachusetts. Signature and office of individual taking acknowledgment (Notary Public) 4 STATE OF CALIFORNIA: :ss.: COUNTY OF LOS ANGELES: On the day of November, in the year 2007, before me, the undersigned, personally appeared RUSSELL JACOBY, 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, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of County of Los Angeles, State of California. Signature and office of individual taking acknowledgment (Notary Public) COMMONWEALTH OF MASSACHUSETTS: :ss.: COUNTY OF On the day of November, in the year 2007, before me, the undersigned, personally appeared LAUREN JACOBY, 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, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of County of ,Commonwealth of Massachusetts. Signature and office of individual taking acknowledgment (Notary Public) Re%&rpl'ac 5 SHEDULE A DECLARATION OF COVNEANTS AND RESTRICTIONS Description of Property shown on Conservation Subdivision Map for the Jacoby Family Limited Partnership Suffolk County Tax Map No. 1000-125-01-5.1 ALL that certain piece or pazcel of land with buildings and improvements thereon, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and the State of New York designated as lot no. 1 on the Conservation Subdivision map for the Jacoby Family Limited Partnership more particulazly bounded and described as follows: BEGINNING at the intersections of the easterly line of a 16 foot wide right of way known as Kirkup Lane with the northerly line of lot 1 of said map, said point also being 3,321.00+ feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; THENCE along the northerly line of lot 1 of said map North 74 degrees 55 minutes 10 seconds East, 204.66 feet to a point and the waters edge of Laurel Lake; THENCE along the waters edge of Laurel Lake, the tie lines being 1.) South 47 degrees 16 minutes 54 seconds East, 29.39 feet to a point and the northerly line of lot 2 of said map; 2.) South 56 degrees 29 minutes 32 seconds East, 70 feet; 3.) South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4.) South 65 degrees 23 minutes 56 seconds East, 70.80 feet to land now or formerly of the Town of Southold THENCE along said land the following five (5) courses and distances: (1) South 20 degrees 1T 30" West 273.21 feet; thence (2) South 35 degrees 5T 00" West 89.30 feet; thence (3) South 42 degrees 24' 40" West 133.40 feet; thence (4) South 47 degrees 51' lY'West 219.90 feet; thence (5) South 46 degrees 40' 10" West 355.00 feet to land on which the County of Suffolk owns the Development Rights; THENCE along said land the following two (2) courses and distances: (1) North 20 degrees 54' 25" West 665.60 feet; thence (2) North 20 degrees 59' 30" West 100.18 feet to land of the County of Suffolk; THENCE along said land North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point of BEGINNING. re/jacobperim ~ w i • • RIGHT OF WAY EASEMENT THIS INDENTURE, made as of the day of November, 2007, by JACOBY FAMILY LIMITED PARTNERSHIP, a New York Limited Liability Company, with offices at P.O. Box 1560, 3055 Kirkup Lane, Mattituck, New York, 11952 (herein after referred to as the "Declarant"). WITNESSETH: WHEREAS, the Declazant is the owner of certain real property located at 3055 Kirkup Lane, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-125-1-5.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional approval from the Planning Boazd of the Town of Southold for a subdivision of the Property into two (2) parcels, as shown on map of "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Paztnership", prepared by Nathan Taft Corwin, III, last dated ,which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Boazd in a resolution adopted on September 10, 2007, to create an easement for the purpose of ingress and egress to Lot 2 over Lot 1 on the subdivision map, and for the purpose of shazing a common driveway for the installation of utilities and all other lawful purposes in favor of these pazcels; and WHEREAS, Declarant desires to provide for such driveway access to and from the terminus of Kirkup Lane over Lot 1 to Lot 2 on the subdivision map. NOW, THEREFORE, be it declazed as follows: 1. Lot 2 is hereby granted a 16 foot wide right-of--way over the portion of Lot 1 described in Schedule B herein, for ingress and egress and the installation of a driveway and utilities, and all other lawful purposes. 2. Vehicular access to and from Lot 2 shall be restricted to said driveway access. 3. With regazd to the use of the right of way referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right 1 ' to use the driveway described in Schedule "B" as a common driveway for the purposes set forth herein. (B) The term "lot owner' or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the right of way described on Schedule "B". (E) The owners of the respective lots, or any portion thereof, shall jointly determine what maintenance shall be done on the common driveway to which they have access and the amount of money to be expended therefore. Each lot owner shall be responsible for one half of the maintenance expenses. (F) All improvements to the common driveway within the right of way shall be made following notice to the other lot owner. Said notice shall contain all information necessary to make an informed decision on the matter and shall be personally delivered or sent by certified mail, return receipt requested. If the noticed lot owner does not object within thirty (30) days of the delivery or mailing of the notice, such lot owner shall be bound by the terms of the notice. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lot 1 and approved in advance by the Planning Board of the Town of Southold. Good repair shall include repair of any "potholes" or similar defects in the driveways which cause the driveways to become substandazd, and maintenance of the driveway so as to be passable by vehicles. (H) In the event any of the lot owners fail to pay their proportionate share of charges, the lot owner having duly paid both its shaze of expenses and that of the defaulting lot owner shall have the right to collect such proportionate shaze from the defaulting lot owner. The lot owner who has paid its proportionate shaze of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. The prevailing lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorney's fees 2 which are incurred by the other lot owner in the action relating directly to the unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for for such repair may be treated by the other lot owner as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) This Right of Way Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Boazd, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Boazd's approval. (K) This Right of Way Easement shall run with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein, except that the County of Suffolk, as owner of the Conservation Easement on Lot 2, shall have no obligations for installation, maintenance or repair not caused by its agents, nor shall notice be required to be given to the County of Suffolk under Ar[icle 3.F herein. IN WITNESS WHEREOF the Declazant has duly executed this Easement the day and year first above written. JACOBY FAMILY LIMITED PARTNERSHIP By Winifred Breines, General Partner By Russell Jacoby, General Partner By Lauren Jacoby, General Partner Re/driveeasepbjac 3 COMMON WEALTH OF MASSACHUSETTS: :ss.: COUNTY OF On the day of November, in the year 2007, before me, the undersigned, personally appeared WINIFRED BREINES, 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 instmment and acknowledged to me that he executed the same in his capacity, that by his signature on the instmment, the individual, or the person upon behalf of which the individual acted, executed the instmment, and that such individual made such appearance before the undersigned in the City of County of ,Commonwealth of Massachusetts. Signature and office of individual taking acknowledgment (Notary Public) STATE OF CALIFORNIA: :ss.: COUNTY OF LOS ANGELES: On the day of November, m the year 2007, before me, the undersigned, personally appeared RUSSELL JACOBY, 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, that by his signature on the instmment, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of County of Los Angeles, State of California. Signature and office of individual taking acknowledgment (Notary Public) COMMONWEALTH OF MASSACHUSETTS: :ss.: COUNTY OF On the day of November, in the year 2007, before me, the undersigned, personally appeared LAUREN JACOBY, 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, that by his signature on the instmment, the individual, or the person upon behalf of which the individual acted, executed the instmment, and that such individual made such appearance before the undersigned in the City of County of ,Commonwealth of Massachusetts. Signature and office of individual taking acknowledgment (Notary Public) 4 SHEDULE A RIGHT OF WAY AGREEMENT Description of Property shown on Conservation Subdivision Map for the Jacoby Family Limited Partnership Suffolk County Tax Map No. 1000-125-01-5.1 ALL that certain piece or parcel of land with buildings and improvements thereon, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and the State of New York designated as lot no. 1 on the Conservation Subdivision map for the Jacoby Family Limited Partnership more particularly bounded and described as follows: BEGINNING at the intersections of the easterly line of a 16 foot wide right of way known as Kirkup Lane with the northerly line of lot 1 of said map, said point also being 3,321.00+ feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; THENCE along the northerly line of lot 1 of said map North 74 degrees 55 minutes 10 seconds East, 204.66 feet to a point and the waters edge of Laurel Lake; THENCE along the waters edge of Laurel Lake, the tie lines being 1.) South 47 degrees 16 minutes 54 seconds East, 29.39 feet to a point and the northerly line of lot 2 of said map; 2.) South 56 degrees 29 minutes 32 seconds East, 70 feet; 3.) South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4.) South 65 degrees 23 minutes 56 seconds East, 70.80 feet to land now or formerly of the Town of Southold THENCE along said land the following five (5) courses and distances: (1) South 20 degrees 17' 30" West 273.21 feet; thence (2) South 35 degrees 57' 00" West 89.30 feet; thence (3) South 42 degrees 24' 40" West 133.40 feet; thence (4) South 47 degrees 51' IS"West 219.90 feet; thence (5) South 46 degrees 40' 10" West 355.00 feet to land on which the County of Suffolk owns the Development Rights; THENCE along said land the following two (2) courses and distances: (1) North 20 degrees 54' 25" West 665.60 feet; thence (2) North 20 degrees 59' 30" West 100.18 feet to land of the County of Suffolk; THENCE along said land North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point of BEGINNING. re/jacobperim ~ • i _ ~ R,~~~ ~ ~,r~ Description of the right of way through lot 1 on the Conservation Subdivision for the Jacoby Family Limited Partnership Suffolk County Tax Map No.1000-12S-Ol-p/o 5.1 ALL that certain piece or parcel of land with improvements thereon, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and The State of New York designated as part of lot no. 1 on the Conservation Subdivision Map for the Jacoby Pamily Limited Partnership more particularly bounded and described as follows: BEGINNING at the intersection of the easterly line of a 16 foot right of way with the northerly line of lot 1 of said map, said point also being 3,321.OOf feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; THENCE through lot 1 of said map the following four (4) courses and distances: (1) South 31 degrees 38 minutes 40 seconds East, 60.20 feet to a point; (2) South 08 degrees 07 minutes 48 seconds East, 37.61 feet to a point; (3) South 26 degrees 03 minutes 25 seconds East, 47.70 feet to a point; (4) South 55 degrees 13 minutes 36 seconds East, 18.44 feet to a point and the northerly line of lot 2 of said map; THENCE along the northerly line of lot 2 of said map South 49 degrees 01 minutes 12 seconds West, 16.51 feet to a point; THENCE through lot 1 of said map the following four (4) courses and distances: (1) North SS degrees 13 minutes 36 seconds West, 18.54 feet to a point; (2) North 26 degrees 03 minutes 25 seconds West, 52.01 feet to a point; (3) North 08 degrees 07 minutes 48 seconds West, 37.38 feet to a point; (4) North 31 degrees 38 minutes 40 seconds West, 63,46 feet to a point and the northerly line of lot 1 of said map; THENCE along the northerly line of lot 1 of said map North 74 degrees SS minutes 10 seconds East, 16.69 feet to the point of BEGINNING. LAW OFFICES WICKHAM, BRESSLER, GORDON &GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK. LONG ISLAND F,RIC J. BRESSLFR NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE I l l LYNNE M. GORDON MELV[LLF,. NEW YORK 11747 IAN E"f GEASA 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 wwblaw@aol.com TELF,FAX N0.631-249-9484 November 20, 2007 Attn: Anthony Trezza Southold Town Planning Board Post Office Box 1179; 53095 Main Road Southold, New York 11971 Re: Conservation Subdivision of Jacoby Family Limited Partnership Premises: The terminus of Kirkup Lane, south of Sound Avenue, Mattituck NY SCTM# 1000-125-1-5.1 - Dear Anthony: ' This is to confirm our telephone conversation regarding the correct terminology for t the Planning Board Condition #2 recited in your letter dated Sepfember 11, 2007.. This " language reflects the terms of the transaction with the County of Suffolk with respect to the Conservation Easement. 2. Submission of the final map with all of the technical requirements pursuant to Section 240-21 of the Southold Town Code in addition to the following: a. The title of the map shall read "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership". b. Show building envelopes for each of the lots based on the nonconforming setbacks pursuant to 280-124 of the Southold Town Code. c. Label the open space pazcel as Lot 2 Conservation Easement Area and refer to it as Conservation Easement to Suffolk County. Show the lot area in both squaze footage and acreage. d. Specify that the clustered subdivision open space is equal to 69,758 square feet and is within the preserved land on Lot 2 Conservation Easement Area. e. Add a quote which states that in the event that the Conservation Easement is not completed pursuant to the approved subdivision map, the Planning Board's approval of the subdivision shall no longer be valid. f. Add a note which states that the Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Conservation Easement is completed pursuant to the approved subdivision map and a copy of the recorded Conservation Easement is submitted to the Town of Southold Planning Department. g. Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such covenants and restrictions affect the subdivision and the properties within. h. State that the subdivision has been adopted pursuant to the terms of the amended Chapter 340, Subdivision of Land, effective August 24, 2004. Very truly yours, ~VV Abigail A. Wickham Cc: Nathan Taft Corwin, III AAW/jm 30ishdpbl MAILING ADDRESS: PLANNING BOARD MEMBERS. P.O. Box 1179 o~~pF SOpryol southola, NY 11971 JERILYN B. WOODHOUSE Chair ~ Q OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~0 ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND IiYCOU,M'~~ Southold, NY 1111 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE October 16, 2007 TOWN OF SOUTHOLD Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 15, 2007: WHEREAS, this proposal is for a Conservation Subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 45,004 sq. ft. and is currently improved with asingle-family residence, and Lot 2 equals 407,985 sq. ft., inclusive of a 45,238 sq. ft. residential development area and 362,747 sq. ft. of land to be preserved through a Deed of Development Rights Sale to the County of Suffolk; and WHEREAS, an application for sketch approval was submitted on July 20, 2007, including the sketch plan prepared by Nathan Taft Corwin III, L.S., dated September May 2, 2007; and WHEREAS, the Southold Town Planning Board reviewed this application at their Work Session on July 30, 2007; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on September 10, 2007 the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Nathan Taft Corwin lll, L.S., dated May 2, 2007; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Jacoby Family Cons. Subdivision Page Two October 16, 2007 Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson Enc. cc: Suffolk County Department of Health Services New York State Department of Environmental Conservation Melissa Spiro, Southold Town Land Preservation Coordinator Suffolk County Planning Commission Peter Belyea, Suffolk County Division of Real Property f • MAILING ADDRESS: ~ P.O. Box 1179 PLANNING BOARD MEMBERS ~ OF S~U~. ~ JERILYN B. WOODHOUSE ~0~~ yQ~O ~ Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR ~ Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND - QIiYCOU,M'~~ Southold, NY 'Y I ` 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 October 15, 2007 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Conservation Subdivision: Jacoby Family Limited Partnership SCTM#: 1000-125-1-5.15 Location: The property is located at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Developments Rights to the County of Suffolk. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Jacoby Negative Decl~on Page Two ~tober 16, 2007 , The determination was based upon the following: 1. It is estimated that the proposed 2 residential lots will use approximately 600 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: SINGLE FAMILY DWELLING" 300 qpd x 2 dwellings = 600 qpd Therefore, the proposed application will conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; nor are a substantial increase in solid waste production; flooding, leaching or drainage problems expected to occur if the proposed action is implemented as planned. 2. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. This is a conservation subdivision that will preserve 80% of the buildable land and reduce density by at least 60%. In addition, the two lots being created are already improved with single-family residences and therefore would not represent an overall increase in density. 3. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. Much of this property is in agricultural use with few areas of heavy vegetation to support large numbers of animal and plant species. The areas of woodlands along the shoreline will be preserved through the establishment of buffers and clearing restrictions. 4. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. To the contrary, this proposal meets the Town's goal of preserving targeted farmland and reducing overall density. Jacoby Negative Decla~n Page Three ~ober 16, 2007 5. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. The farmland will be perpetually preserved through a sale of Development Rights to the County of Suffolk. In addition, the Easement contains a provision that will allow for the Town to establish a trail across the property as part of the Laurel Lake Preserve. 6. No major change in the use of either the quantity or type of energy will occur. Although there are two tots being created, the residences are already existing and therefore are not expected to have an overall impact on energy resources. 7. No creation of a hazard to human health will occur. 8. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The result of this subdivision will be an increase to the Town's inventory of protected lands and an overall reduction in density by 60%. 9. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services Suffolk County Planning Commission New York State Department of Environmental Conservation Southold Town Trustees QUICK MESSAGE Date County of Suffolk /0%-7 TO: /p~ FROM: Q / +~ToIU/1 / sta. 0. 1 ~~?iY ~~i1 C'ct.. Subject / '/ACO/~,/ /'GIT/~~/_ O~~tI /7s Ate' (/a~cw r~ L~fs f ~ /Q ~QCQ//e G~~, ~DD"~ p ~ s' ~rrm C:b.J2f ~r ~7/7rs-I ~Qa-t'intf~x~, QJ' ~~j ~o'~"T41~ 7i7 / iv~OO~f~I /r~7~k'~n /Ta I/ / ? / ~ G' ba_ ; 2001 SCIN FORM 78 (11-79) PRIOR EDITION MAY BE USED UNTIL SUPPLY IS DEPLETED 5&1Jk 1WY4p~ New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631)444-0365 FAX:(631)444-0360 Website: www.decstate.ny.us _ Alexander 8. Grannis LETTER OF NON-JURISDICTION Commissioner FRESIIWATER WETLANDS ACT Jacoby Family Ltd. Partnership September 20, 2007 c/o 2464 Massachusetts Ave. Cambridge, Massachusetts 02140 Re: Application #1-4738-03746/00001 3055 Kirkup La., Mattituck SCTM 1000-115-01-OS Dear Applicant: Based on the information you submitted the Department of Environmental Conservation has determined that your proposed project to replace the sanitary system at the referenced site is more than 100 feet from regulated freshwater wetlands. Therefore, no permit is required pursuant to the Freshwater Wetlands Act (Article 24) and its implementing regulations (6NYCRR Part 663). Be advised, all construction, clearing, and/or ground disturbance must remain more than 100 feet from the freshwater wetland boundary. In addition, any changes, modifications or additional work to the project as described, may require authorization by the Department. Please contact this office if such activities are contemplated. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, ~"""v~lJ Ro r Evans CAF De ty Permit Administrator W. Gorman • ~ ~ • ~ ~Y l;~~> 1eleases, and conveys to GRANTEE this Conservation Easement, in perpetnty, together with all rights to enforce it GRANTEE hereby accepts this Conservation Easement in perpetuity, and undertakes m enforce it against GRANTOR _ ARTICLB THREE PROHIBITED ACTS ~[P ~I From and after the date of this Conservation Easement, the Sollowing acts, ffies° and practices are prohibited forever upon or within the Premises; except as otherwise ~Y Pitted by the Provisions hereof 3.01 Shnctraes _ . The construction mplaxment ofresidential, commercial, industrial or other buildings, strnchaes, ~ improveseats of any kind ofnature CAB. but not limited to mobile homes p~anent or temporary, on, over, or tinder the Premises, is prolnbited with the following exception: Aa tm~ved wal)dng trail (tfie "Wanting Tn~i1'~ - - _ consruction of which may be permitted at the discretion of the GRANTORS, upon prior written notice to GRAN'T'EE. In the event the GRANTORS choose to pemut the walking trar7, it is pemrissrble for the Town of Somtrold to create and maintain at its sole cost and expense, anunpaved . walking trail nA greater than ten feet (10 8.) is width arn~d a portiaa of the eastern, southern and western perimeter of Lot 5.1 plo, contiguous to the orrter bomrdary as shown . on the Conservation Easement Map ma~dred Bxln'bit `A'. Upaa QiAIVTOR'S iegneat, the waDrmg trar7 may be defined by a{er- °Q``--=s'-a~r^~~,,, which maybe screened with irces, shmbs ~ bushes provided that each fence and/or slmrbbery are provided at no cost m the County of Snffoltc 3.02 Excavation and Removal of Mateaah:: Mining The excavating or fiDing of fhe Prises, except as may be necessary to construct and maimaia pemutted shucdaes and improvements on the Premises, is pmlu'bited. Mineral exploitation, and exhaction by anymethod, surface or sabsarfaca, is prohibited. .The r~roval oftopsor~, sand, or other materials shall not take place, nor shall the topography ofthe Premises be changed except to construct and maintain the pemritted " structures and impmvdneats on the Premises and for purposes of erosion control and soil management, which removals and/or changes shall not be made without the prior written consent of GRANTEE. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Premises of which the conservation easement consists. _ • • ~ t 3.04 Dumoine The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Premises is prohibited. 3.05 Siena The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Premises and only for any of the following purposes: (a) to state the name and address of the Premises and the names and addresses of the occupants, (b) to temporarily advertise the Premises or any portion thereof for sale or rent, (c) to post the Premises to control unauihorized entry or use, or (d) to announce GRANTEE'S Conservation Easement Signs shall not be more than six square feet in size, benon-illuminated and are subject to regulatory requirements of the Town. 3.06 Corrine of Timber The cutting or harvesting of trees on the Premises, is prohibited, except for the following purposes: (a) to clear and restore forest cover that has been damaged, diseased, destroyed or disturbed by forces of nature (b) to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Conservation Easement, as determined by the GRANTEE in its sole discretion and only in areas as indicated on the baseline survey, (c) to remove hazards to persons or property, (d) to mow the area designated as the meadow (the "Meadow's in Lot 5.001 p/o as indicated on the site plan of existing uses included in the Baseline Documentation, (e) to remove poison ivy d (t) to create the walking trail in the location as indicated on the survey included herei t\~wit~h Exhibit A. , T CUtic~ c~t~SL.r' YW.~C tcsV S p(av~.t Y~i~c r tia~ C~xd v ~vl~S 3.07 Soil and Water f My use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters is prohibited. This prohibition does not extend to the appropriate use of water to irrigate the Personal Garden in the meadow located in Lot 5.001 p/o, as indicated on the site plan of existing uses included in the Baseline Documentation. 3.08 Wetlands and/or Stream Buffer The draining, filling, dredging, or diking of the wetland areas including any enlargements thereof, or the cultivation or other disturbance of the soil of the wetlands is prohibited 5 • • 309 Ponds and Water Courses The alteration of any ponds and water courses located on the Premises or the creation ofnew water impoundments or water courses is prohibited without GRANTEE'S prior written consent. 3.10 Landscaoin¢ Activities The removal of trees, shrubs, or other vegetation is pmhtbited except in accordance with the provisions of paragraph 3.06 herein. Non-commercial gardening in the area of the meadow listed as the "Personal Garden area on the baseline survey is permitted. The Personal Garden is approximately sixty feet by eighty feet (69 #by-88#-)- t 0 fl ~i- , lo-y in size. Appropriate irrigation of the Personal Garden by means of the existing t t p ~F.. r/ underground water pipoks permitted. , awl ru~x,r a~c9 repk~ce.n-,e~.T ~ S~~. 3.11 Utilities The creation or placement of overhead utility transmission lines, utility poles, cell phone towels, antennas; wires, prpes, wells or drainage and septic systems on rho Conservation Easement is prohibited without the priorwrittea consent of the GRANTEE. Utilities on the premises must, to the extent possible, be constructed within 30 feet of the . centerline of made, right of ways or driveways, and may be used solely to service the permitted structures (if any). 3.1 s Commercial and or active recreational uses are prohibited with the exception of the Walking Trail as defined in Paragraph 3.01 herein. Use of any of the area of the Conservation Easement for a trail is prohibited without the prior written consent of GRANTEE. Non-obtrusive recreational uses by Grantor that do not disturb the soil or alter the soil or topography of the area covered by the conservation easement are permitted- 3.13 Urainagg The use of the Premises for a leaching or sewage disposal field is prohibited. The use of the Premises for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Premises. 3.14 l7evelopment ltiehts The use of the acreage of the area of conservation easementlpremises for purposes of calculating lot yield or development density on arty other Property is prohibited. GRANTOR hereby greats to GRANTEE all existing development rights (and any fiither levelopment rights that maybe created tlnnugh a rezoning of the Premises) on the ?remises. The parties agree that such rights, except those required to carry out the 6 • • I permitted uses of and activities on the premises, are hereby terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGIiTS 4.01 Ownership GRANTOR shall retain all other customary rights of ownership is the Prenuses, some of which are more particulazly described in this ARTICLE FOUR 4.02 Possession GRANTOR shall continue to have the right to exciusive possession of the Premises. 4.03 Use A. GRANTOR shall have the right to use the Premises in any manner and for any purpose consistent with and not prohibited by this Conservation Easement as well as applicable local, New York, State, or federal law. B. Allowable Non-Residential hnprovements in Conservation Easement Area GRANTOR shall have the right to permit at its discretion, the following improvement in the Cottservation Easement ArealPremises, which is consistent with the uses permitted in this Deed of Conservation Easement: Erection and/or maintenance of a split rail (or similar) fence, trees, shrubs and bushes in order to delineate the walking trail as defined in Paragraph 3.01 herein. 4.04 Notice GRANTOR shall notify GRANTEE, in writing, prior to granting permission for construction of the walking trail, or any other change and/or improvement to the area of the Conservation Easement, and before taking any action or before exercising any reserved right with respect to the Conservation Easement, which could adversely affect the environmental, scenic, and open space values which aze the subject of this Conservation Easement. The notice shall describe the nature scope location, timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit GRANTEE to evaluate the proposal. Such approval, disapproval or comments of GRANTEE shall be given to GRANTOR witiun 45 days after all necessary documentation and information is submitted to GRANTEE. If, after 45 days, GRANTOR has not received any response from GRANTEE to such submission GRANTOR must again notify GRANTEE in writing of GRANTOR'S intent to proceed, specifically listing the work or action to be 7 / ~ 77 . S ED A iece or parcel, known as SC'rNl NQ• 1000-125.00-00-01.00-005.001 pta nt All that certain plot, p County of Suffolk. State of New York, subject to a full metes and bounds descri tidn su seq to-date survey Suazanteed to the County of Suffolk. to and in accordance with an up' ; 1 u, z ~ o w ~ x ~ j FQF r o~•+ l ~ Ca S S . ~ ~ JQ` ~ a /..IOO ~ ~ ' 1 7 .C2 S6 Q n0 ~ 04~ I L ' ~p ~ ~ fir . s " ~ } turf ~ 2 N 7 ~ ~ R 2 ~ ,gyp ~ ~ / W J W Y ~ x~~i~ ~ ~'0• 'V , 3 Q ~ J i ~ I~j D r j° 4. V1 O t7v~ ! ~ _ ~ 7 ~ `o r` by , ~ ~ O .5 ~ 7 ~ N i) V h ~ ' , of r I ,y ~ r 7 £ ~ ~ ~ q Y ~ t~ ~ ~ • '77•Cf¢l ~i „t A ¢v is Ie ~ Q \ Q P•G 1~:)~ Y ~ r ~ 12 ~ • ~ • 'r .~T ~Y ~P~ G>>< ~~ak~~, QUICK MESSAGE Date County of Suffolk ~ /b/07 TO: FROM: ~e~n 'mac. a- /ef2,~ /32,~ ea._ Subject :~aCOh? ~rni,~i/ ~r~oc~,~'~ ~s ,ptn' r'jstcy l'~ l,~f S f ~ a-~Qf~/e G~ ~ ,o ~ 1' ~rrm ~ C:a1rtf~i' ~(f7r~-+ ~a 1/~~n~¢.-,.~„/ Qa ~~cy ~a-7~~n 7a ~ / rb,po~eo( GvR~i~i~ ,n / ra i~. / ~ / o e~ ~r , } 2007 SCIN FORM 76 (11-79) PRIOR EDITION MAY BE USED UNTIL SUPPLY IS DEPLETED 88-tab: f0/82pa . • . the contract, hereby grants, releases, and conveys to GRANTEE this Conservation Easement, in perpetuity, together with all rights to enforce it GRAN'PEE hereby accepts this Conservation Easement in perpduity, and undertakes to enforce it against.: GRANTOR , _ ARTICLE THREE ` PROHIBITED ACTS CEP ~I From and after the date of this Conservation Easement, the following acts, rases and practices are prohibited forever upon or within the Premises; except as otbeiwise specifically permitted by the provisions hereof n. µ:n..~ ~ . .x.. 3.01 Strnetutes The construction or phuxm~t of residential, commercial, industrial or other buildings, shnetrues, orrmpmvemnents of any kind of nature (mctuding, but not limited to mobile homes permanent or temporary, on, over, or under the Premises, is prolu'bited with thefoIIawing exception: An ualraved wallong trail {tern "Wallang Trail") _ _ constnrction of which may bepeamitted at the discretion ofthe GRANTORS, upon prior written notice to GRANTEE. In the event the GRADTfORS choose to pemmit the waDdong trail, it is peaaisstble for the Town of Southold to create and maintain at its solecost and expense, anunpaved . walking trail no greater than tea fed (10 ft.) is width around a portion of the eastern, southern and western perimeter of Lot 5.1 p/o, contiguous to the outer boundary as shown . _ on the Conservation Easement Map mazjred Ib~'bit `A'. ~ . Upon GRANTOR'S roquest, the wallrmg trail may be defined by a{er-- °~-fence, which may be screened with trees, struts or bushes provided that each fence and/or shrubbery are provided at no cost to the County of Snffollc 3 02 Excavation and Removal of Materials• Mining The excavating or filling of the Premises, except as may be necessary to construct and maintain peamitted strucdues end nmprovements on the Premises, is prohibited.. Mineral exploitation, and extraction by anymethod, surface or subsurface, is prohribited. The re3noval of topsoil, sand, or other materials shall not take place, nor shall the topography of the Premises be changed except to construct and maintain tha permitted structures and improvements on the Premises and for purposes of erosion control and soil management, which removals a~/or changes shall not be made without the prior written consent of GRAINI~E. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Premises of which the conservation.easemmtronsists. _ - 3.04 Dummpine The dumping or• accumulation of unsightly or offensive materials including but not limited to trash, garbage, sawdust, ashes or chemical waste on the Premises is prabibited. 3.05 Sims The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic chazacter of the Premises and only for any of the following purposes: (a) to state the nan;?e and address of the Premises and the names and addresses of the occupants, (b) to temporarily advertise the Premises or any portion thereof for sale or rent, (c) to post the Premises to control unauthorized entry or use, or (d) to announce GRANTEE'S Conservation Easement. Signs shall not be more than six squaze feet in site, benon-illuminated and aze subject to regulatory requirements of the Town. 3.06 Cuttine ofTimber The cutting or harvesting of trees on the Premises, is prohibited, except for the following purposes: (a) fo cleaz and restore forest cover that has been damaged, diseased, destroyed or disturbed by forces of nature (b) to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the gurposes of this Conservation Easement, as determined by the GRANTEE in its sole discretion and only in aeeas as indicated on the baseline survey, (c) to remove hazards to persons or property, (d) to mow the area designated as the meadow (the "Meadow's in Lot 5.001 p!o as indicated on the site plan of existing uses included in the Baseline Documentation, (e) to remove poison ivy d (f) to create the walking trail in the location as indicated on the survey included hcre~with Exhibit A. ~~j au~l~ o~InQ,r- vw.~c~6vs ~lay.,~t YvYx,rer~al aid v~v~S 3.07 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters is prohibited. This prohibition does not extend to the appropriate use of water to irrigate the Personal Garden in the meadow located in Lot 5.001 p/o, as indicated on the site plan of existing uses included in the Baseline Documentation. 3 08 Wetlands andlor Stream Buffer The draining, filling, dredging, or diking of the wetland areas including any enlargements thereof, or the cultivation or other disturbance of the soil of the wetlands is prohibited S 3.09 Ponds and Water Courses T1ie alteration of any ponds and water courses located on the Premises or the creation ofnew water impoundments or water courses is pmlu'bited without GRANT'EE'S prior written consent. 3.10 landscaoine Activities The removal of trees, shrubs, or other vegetation is pmlubited except in accordance with the provisions of paragraph 3.06 herein. Non-commercial gardening in the area of the meadow listed as the `Tersonal Garden"area on the baseline survey is permitted. The Personal Garden is approximately sixty feet by eighty feet (60~-by~88-4~}. t U ~ ~4- . b-y in size. Appropriate irrigation of the Personal Gazden by means of the existing l l O v underground water pipes permitted. , arm r'p~.~r av,~ rePkzcoJ~„e ~S of Sci; 3.11 Utilities The creation or placement of overhead utility transmission lines, utility poles, cell phone towers, antennas; wires, pipes, wells or drainage and septic systems on the Conservation Easement is pmlu'bited without the prior written consent of the GRANTEE. Utilities on the premises must, to the extent possible, be constructed within 30 feet of the centerline of roads, right of ways or driveways, and maybe used solely to service the permitted structures (if any). 3.1 ses Commercial and or active recreational uses are protu'bited with the exception of the Walking Trail as defined in Paragraph 3.01 herein. Use of any of the area of the Conservation Easement for a trail is prohibited without the prior written consent of GRANTEE. Non-obtrusive recreational uses by Grantor that do not disturb the soil or alter the soil or topography of the azea covered by the conservation easement are permitted. 3.13 Drainaec The use of the Premises fora leaching or sewage disposal field is prohibited. The use of the ]'remises for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Premises. 3.14 Development Rights The use of the acreage of the area of conservation easemenUpiemises for purposes of calculating lat yield or development density on any other P-aperty is prohibited. GRANTOR hereby grants to GRANTEE all existing development rights (and any further levelopment rights that maybe created through a rezoning of the Premises) on the 2r'emises. The parties agree that such rights, except those required to carry out the _ 6 permitted uses of and activities on the premises, aze hereby terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership GRANTOR shall retain all other customary rights of ownership in the Premises, some of which are more particulazly described in this ARTICLE FOUR 4.02 Possession GRANTOR shall wntinue to have the right to exclusive possession of the Premises. 4.03 Use A. GRANTOR shall have the right to use the Premises in any manner and for any purpose consistent with and not prohibited by this Conservation Easement as well as applicable local, New York, State, or federal law. 13. Allowable Non-Residential Improvements in Conservation Easement Area GRANTOR shall have the right to permit at its discretion, the following improvement in the Conservation Easement ArealPremises, which is consistent with the uses permitted in this Deed of Conservation Easement: Erection and/or maintenance of a split rail (or sintilaz) fence, trees, shrubs and bushes in order to delineate the walking trail as defined in Paragaph 3.01 herein. 4.04 Notice GRANTOR shall notify GRANTEE, in writing, prior to granting permission for construction of the walking trail, or any other change and/or improvement to the azea of the Conservation Easement, and before taking any action or before exercising any reserved right with respect to the Conservation Easement, which could adversely affect the environmental, scenic, and open space values which ate the subject of this Conservation Easement. The notice shall describe the nature scope location, timetable and any othermaterial aspect of the proposed improvement or activity in sufficient detail to permit GRANTEE to evaluate the proposal. Such approval, disapproval or comments of GRANTEE shall be given to GRANTOR within 45 days after all necessary documentation and information is submitted to GRANTEE. If, after 45 days, GRANTOR has not received any response from GRANTEE to such submission GRANTOR must again notify GRANTEE in writing of GRANTOR'S intent to proceed, specifically listing the work or action to be 7 ' SCHE~- All that certain plot, piece or pazcel, known as SCTM N0. 1000-125.00-00-01.00-005.001 p/o . County of Suffolk, State of New York, subjecyto a ant d to the County of Suffolk ~ Subsequent to and in accordance with an up-to-date surve gu ' l ~ t ,o ~ yx_" q t I+. ~ N ~ u 3 x ~ ~ Fps. ! 4~ Q h f, ~ ;:h ~ o A n a y > t ti S 1 N p N ..d" I _I a ~ 4 y'y~t I j / ~ :~1~ 1`V ~ I,Q~ O `'4' • ~o ~ ~y ~ 1 i `~as of ~ ~ t ~y , ~ ~ 7 ' i~ s ~ qq bf ~ v~ O~ ~ P`d~an3'~ ? ~ is t 12 ~ • MAILING ADDRESS: PLANNING BOARD MEMBERS OF S~UT P.O. Box 1179 JERILYN B. WOODHOUSE O~~ yQl Southold, NY 11971 Chair h O OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND IiYCOU,M Southold, NY 'Y I 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2007 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 10, 2007: WHEREAS, this proposal is for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Developments Rights to the County of Suffolk; and WHEREAS, an application for sketch approval was submitted on July 20, 2007, including the sketch plan prepared by Nathan Taft Corwin III, L.S., dated May 2, 2007; and WHEREAS, the proposal meets the conservation subdivision criteria and is hereby classified as a Conservation Subdivision pursuant to Chapter 240 of the Town Code; and WHEREAS, on August 13,2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval upon the map prepared by Nathan Taft Corwin III, L.S., dated May 2, 2007, subject to the following conditions: 1. Submission of the application for final plat approval. 2. Submission of the final map with all of the technical requirements pursuant to Section 240-21 of the Southold Town Code in addition to the following: Jacoby Family Limited Partnership Page Two September 11, 2007 a. The title of the map shall read "clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership. b. Show building envelopes for each of the lots based on the nonconforming ~ setbacks pursuant to 280-124 of the Southold Town Code. c. Label the open space parcel as Lot 3 and refer to it as Deed of Development Rights Sale to Suffolk County. Show the lot area in both ~ square footage and acreage. d. Specify that the clustered subdivision open space is equal to 69,758 ? square feet and is within the preserved land on Lot 3. e. Add a note which states that in the event that the Development Rights Sale is not completed pursuant to the approved subdivision map and a ~ copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Deparkment, the Planning Board's approval of the subdivision shall not longer be valid. f. Add a note which states that the Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is submitted to the Town of Southold Planning Department. g. Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such covenants and ~ restrictions affect the subdivision and the properties within. h. State that the subdivision has been adopted pursuant to the terms of the ? amended Chapter 240, Subdivision of Land, effective August 24, 2004. 3. Submission of Draft Declaration of Covenants and Restrictions, containing the following clauses: a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated ? with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. b. Access to Lot 2 shall be from the 16'-wide right-of-way over Lot 1 as shown on the approved map and will be subject to the terms of an access easement that will be filed in connection with this subdivision. ? c. No further subdivision of Lots 1 and 2 in perpetuity..i d. All utilities must be located underground../ e. The clustered subdivision open space is equal to 69,758 square feet and ? is within the preserved land on Lot 3. f. No changes to any of the lot lines without Planning Board approval. ? g. All stormwater run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the ? responsibility of each property owner. h. Prior to any construction activity on Lots 1 and 2 ,the project will require a~ General Permit for the stormwater run-off from construction activity (GP- r • • Jacoby Familv Limited Partnership Page Three September 11.2007 02-01) administered by the New York State Department of Environmental Conservat~n under Phase II State Pollutant Discharge Elimination System. i. No stormwater run-off resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands or Laurel Lake in any manner.? j. In the event that the Development Rights Sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the subdivision shall no longer be valid../ k. The Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is submitted to the Town of Southold Planning Department.? 4. Submission of a Draft Access Easement. ,.r~z 5. Submission of a permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation and the Town Trustees./ 6. LWRP Coastal Consistency Review by the Town of Southold? 7. Submission of the Park and Playground Fee in the amount of $3,500 ($3,500 for each new residential lot being created). The applicant is advised that additional covenants and restrictions and/or map changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, Town Engineer, Highway Superintendent, Suffolk County Planning Commission, Suffolk County Department of Health Services and the NYSDEC. This approval is valid for six (ti) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator Robert Zaher, Division of Real Property Acquisition and Management COUNTY OF SUFFOLK. s~ STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING August 28, 2007 ~ ~ Town of Southold, Planning Board Office P.O. Box 1179 F _ Southold, NY 11971 - ~ - I' ( Attn: Mr. Anthony Trezza, Senior Planner k 6 . , ; 1 i - - RE: Jacoby Family Limited Partnership Suffolk County Tax Map No.: 1x000-125.00-41:00=405.001 ~ Suffolk County Planning File No.: L,S-G-2083 Dear Sir/Madam: Your notification for SEQRA Coordination was received by our agency on August 16, 2007. Please be advised that our agency, the Suffolk County Planning Commission, has no objection to the Town of Southold Planning Board assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed action in the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all EAF's, DEIS's and FEIS's, etc. Please note that prior to final approval, this action should be referred to the Suffolk County Planning Commission for review. Comment: Presently, access to the parcel(]000-125.00-01.00-005.001) extendsfrom Sound Avenue southerly via a private paved right-of--way, Kirkup Lane (1000-121.00-03.00-007.005), that continues across pazcel 1000-125.00-01.00-020.000. The proposed lot configuration creates one landlocked parcel (Lot I). In the event access across parcel 1000-125.00-01.00-020.000 is blocked, there will be no access to Lot 1. No landlocked parcels should be created. A landlocked parcel is one that does not have frontage on an existing or proposed public road and is dependent upon aright-of--way over adjacent parcels for access. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 fax (631(853-4044 and service equipment is concerned. This lack of access could result in health, safety, and welfaze problems for the future residents of landlocked lots and in potential disputes over the use and maintenance of any right- of-way over an adjacent parcel that may be created for the purpose of access. Sincerely, Thomas Isles, AICP Dire of Pl Wing r Andrew P. Frelen ICP Chief Planner APF/jlk LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR . P. O. 8OX 6100 (6311 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 fax (631) 853-4044 1 • COUNTY OF SUFFOLK • Gi ~ d ~a STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES HUMAYUN J. CHAUDHRY, D.O., M.S. COMMISSIONER August 27, 2007 , , Anthony Trezza Planning Board Office - PO Box 1179 Town Hall, 53095 State Rte„25 , Southold, New York 11971 RE: Jacoby Family Limited Subdivision - - SCTM#: 1000-125-1-5.1 L,_,_ ...w,.~~.~:s Deaz Mr. Trezza: :.H~ri.~ The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated February 15, 2004 concerning the above-referenced project. The Department has no objection to the Town of Southold assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above-referenced project on August 7, 2007 (HD Ref # S10-07-0008), as required by Article VI of the Suffolk County Sanitary Code. The application is pending review with the Office of Wastewater Management. The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. DIVISION OF ENVIRONMENTAL QUALITY, OFFICE OF ECOLOGY 360 Yaphank Avenue, Suite 2B, Yaphank, NY 11980 (631) 852-5750 Fax (631) 852-5812 Y ~ B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. The Department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information, please feel free to contact the Office of Ecology at 852-2077. Sincerely, C~~ Theresa Goergen Environmental Analyst Office of Ecology TG pc: Kimberly Shaw Walter Hilbert, P.E. MAILING ADDRESS: PLANNING BOARD MEMBERS Q f S~U~[. P.O. Box 1179 JERILYN B. WOODHOUSE O~~ Southold, NY 11971 Chair ~ ~o OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND li~'COU'M Southold, NY 111111 Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2007 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Conservation Subdivision of Jacoby Family Limited Partnership SCTM#1000-125-1-5.1 Requested Action: This proposal is for a Conservation Subdivision of a 10.454 acre parcel into two lots where Lot 1 equals 45,004 square feet and is currently improved with a single family residence, and Lot 2 equals 407,985 square feet, inclusive of a 45,238 square foot residential development area and 362,747 square feet of land to be preserved through a Deed of Development Rights Sale to the County of Suffolk. The property is located at the terminus of Kirkup Lane, south of Sound Avenue in Mattituck, in the A-C Zoning District (Agricultural-Conservation). SEQRA Classification: ()Type I (X) Unlisted Contact Person: Anthony Trezza, Senior Planner (631)765-1938 • Lead Aaency Coordination Request - Jacoby Familv - Paae Two The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X) This agency wishes to assume lead agency status for this action. ( )This agency has no objection to your agency assuming lead agency for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, JerilyG~dhouse Chairperson Encs. cc: Elizabeth Neville Town Clerk Office of the Town Engineer Highway Superintendent Scott Russell, Supervisor Southold Town Board Kieran Corcoran, Assistant Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator *Suffolk County Planning Commission Suffolk County Department of Health Services "NYSDEC -Stony Brook, Sheri Aicher NYSDEC -New York Natural Heritage Program -Albany "Suffolk County Water Authority, John Milazzo, Esq. 'Maps are enclosed for your review . • MAILING ADDRESS: PLANNING BOARD MEMBERS OF $~UT P.O. Box 1179 JERILYN B. WOODHOUSE O~~ ~~l Southold, NY 11971 Chair ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G • ~ 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~~y~~UNT~ a~ Southold, NY Telephone: 6 S 1 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2007 Mr. William Gorman P.O. Box 1447 Mattituck, NY 11952 Re: Conservation Subdivision of Jacoby Family Limited Partnership Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Dear Mr. Gorman: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 13, 2007: WHEREAS, this proposal is for a Conservation Subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 45,004 sq. ft. and is currently improved with asingle-family residence, and Lot 2 equals 407,985 sq. ft., inclusive of a 45,238 sq. ft. residential development area and 362,747 sq. ft. of land to be preserved through a Deed of Development Rights Sale to the County of Suffolk; and WHEREAS, an application for sketch approval was submitted on July 20, 2007, including the sketch plan prepared by Nathan Taft Corwin III, L.S., dated September May 2, 2007; and WHEREAS, the Southold Town Planning Board reviewed this application at their Work Session on July 30, 2007; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action. If you have any questions regarding the above, please contact this office. Very truly yours, i~ ~ Jerily~ouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator - ~ • 2464 Massachusetts Avenue Cambridge, MA 02140 I~~ ib: Anthony Tresse, Senior Planner Frarx Ronald L. HNI Fax 1631-765-3136 Pa~c Phona: osto: 12/14/2D06 Rir: Jagby Family Lirntled Partnership CCr ? llryemt ? lbr RoYlew ? Plaaao Canmart ? PIaaN Rapry ? PNasw Aaeyela • Comments; Anthony, I have attached a rough concept drawing of the conservation sub-div~ion for the JFLP tnr your corrxnerAS. I am also emailing you an excel sheet with my calculation for lot size. Let me know iF 1 am correct or howwe could improve on the plan. Ron ,a^-° ConfxtentialFax-117-275-8659 };y~ Cal! 1-78140-0079 s!1 j~ r _ „ j u f Ema~- rhill(~northeastpaMers com Y I . Cd 9Z80 5£L Lt9 pall°a!i-.1 e80~O1 90 9t ~sU ' n/v~/OA' ' ,l~/(f'~~~7HE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES IV ,v FOR ALl LOTS IN THIS DEYELOPMENTCOMPLY WITH THE {,n.~hept 9i°u r I~ ~ STANDARDSAND REQUIREMENTS OF THE SUFFOLK COUNTv o- DEPARTMENT OF HEALTH. eYy.a - ~{orp9C ~t_ LS. 88 - 50 -tor J N aD ~ _~Obnd lvp~P/_ _ r • r co \ 3 ~ ~ S ,j 9ror~, 4 P ~9 9 "moo\\ _6 ~ y ~ su ose\ \ ~ o , ; ~ `\~.~09, ~ TYPICAL WELL OETA; ' `I ~gp,+~Y~. .IB 't\`\ ~C ~ /J` O~ Y/pp wc!! \ ~ ~ / / tip'/., " o _ ~p o . i ,o. - 1 11 O Nm ehay~l' b ~1 ~ ~~~/3 hose ~ s ~ l l ~.f ar.- Q, ~ rw sapGe {.ant r~ a9 t iy.. •Z a` pf Y9s ' r .tl, 2~ f.C> f 1 q 2 ~ ~ , rc~k'--.. rn• u~ i _ DV' "?5 ~ /icech.~~ ~ \ (,irt ti _ ~o I Pte! I 1 ~~Q end - - R O A D l ( ~ r~ m ` I I o'LhMO ~ TYPICAL PLOT PL _ _ ~6 OFFICE LOCATION: ~~OF SO(/jyO MAILING ADDRESS: Town Hall Annex ~O l~ P.O. Box 1179 54375 State Route 25 y ,I/, Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) T T r/+ ~e Telephone: 631765-1938 Southold, NY G Q ,'Q • ~O Fas:631765-3136 ~~'YOOUNi`I ,~c~ LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM r~- 9 , To: Jerilyn B. Woodhouse, Chair Members of the Planning Board ` ` _ - _ ~ ' From: Mark Terry, Principal Planner JL!;_ 1 20U8 ,I LWRP Coordinator Date: July ]4, 2008 Y Y p.~,,......... Re: Conservation Subdivision of Jacob Famil Limited,Partnershi "`~R Located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck SCTM#1000-125-1-5.1 Zoning District: A-C Laurel Lake is a designated Special Groundwater Protection Area. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following recommendation is implemented: To further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D. which states (Provide adequate buffers between wetlands and adjacent or nearby uses and activities in •order to ensure protection of the wetland's character, quality, values, and functions) it is recommended that the Board: 1. Require a 100' non-disturbance, vegetated buffer landward of the edge of wetlands with consideration for the grass access path. 2. Prohibit the use of synthetic herbicides, pesticides and fertilizers on the parcel. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. r .owu o Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that aze subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the prepazer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standazds and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~ The Application has been submitted to (check appropriate response): Town Board ? Planning Board ~ Building Dept. ? Board of Trustees ? 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g: capital construction, planning activity, agency regulation, land transaction) ? (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ? Nature and extent of action: I D I / I ' Y ~ J t~il~ thtA-rw ~ G' t+ DoT wi tt G~r~~-in Z oc.~ 5 }i~ n( l t.d-l tL.ryt Location of action: ~ JS 1`i l 2lZ d P L Ih'?y2. r K la'471~ 'N C Ic- ~ YL~ Site acreage: ~ ~ ~ S Present land use: j (-(prj nI piS2 (S ri ~ St Present zoning classification: ~ i de~~~x~ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:_~U o t27 N i-p ~ )L P@ ~ i-~S (b) Mailing address: ~M 0 ~O~ 1 , ' 11~'lTl fU C tC A,u I ~ ~~Ji (a3 t (c) Telephone number: Area Code ( ) Fl ~S ~ I `j'(p ~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No ~ If yes, which state or federal agenc}f? C. 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 LW12P Section III -Policies; Page 2 for evaluation criteria. ®Yes ? No ? Not Applicable ~-?G le fa'e,VLt.A 6U S u~.~+-4 lc Go , 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 _ tt~~e~-, S'r. 1}~ C~K.S ~ S Lo t~ S ~ S ~e,r.~" tv 11"~. ~..~?v J`C ~ L~'ILc. '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 7~ Yes ? No ? Not Applicable 0.C re c 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 Q Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes ? No ? Not Applicable / /'o leG o n u f /~C_ CO • ~ dt-G.KO ~ M~ ~ l A-ac8 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 Vi ~ cf K,LIo//L 4i' ~r~es~e~.s~c.~..: o~ GEC ~ . , 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. © Yes ? No Not Applicable ~J l~ ~ s ~ r~1 Pe ~,u,c~0 n 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 J .g.' ~r~a+.~d~ SQ~r-e_~tw~.~ 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 ? N/~o 'Not Applicable ~rU '~2[~0 !l Q7: tQC V`es' ~ yl7 ~CC~`SS /`„/-hare ~ rii/'9'~~- L1S tta~ r/=~t/yi~iY/.~,~+.r/~Q 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 Towu 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 LW)tP Section III -Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ~ Not Applicable Created on 5/25/0511: 20 AM J~/v~/~~ G,~~~f'~~~THE WATER SUPPLY ANO SEWgGf DISPOSAL FACI(.ITIES _ % FOR ALl L07S IN THISDEVfLOPMENTCOMPLY WITH THE lnabe~r.~a STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY d DEPARTMENT OF HEAL TM. sYy./• Jfo,'at99s fank G 5. 88 - 50 - 107 ,1 N ' ~~ra4n d w4~Pr _ ~ _ ti # ~ \ . 6 3' \ ~ ~ ~ °~o* \ \ qG, yvj, 'ly C~~ ,L~ Sa ~ i ~ 3SO~, ~ 7'YPlCAL WELL DETA, oUt\\ r .r° mss, p5~~. \ ~ A Dr p, ~'Q 3e 9~ \ `g0Z F rl( _ ~ 2n tf\~~•y\^~\ ,a ~a~• ~l7/.~ d~d ~ \reF` ~,}~i.1, ,Dy ~ $yp.3~ . 18 f,p•~'Cr- /j( O ~ ` vino r.• wNr ~ c 7 Z'~y91 ~ la ~ ~t"~J ,y 2.~ rnti-. .T asp _ P"ZS sis~ ~ \ 1 0 /IRC/i.n9 i i - ~ G' Q ~ f ~ ~a °tih,ys0.. ~ TYPICAL PLOT F'L evisions FaP Pr1. m. 06-25-Y sEE s6 c. xo. SEE SEL N0. 121 11~25~V ~ SEE SEC. 114 12l lxr.ol-aa).s " LrE WTCM _ _ G~ L~ 5-119 WiLN LrE WTCN ~ _ rv 91600 06-10-01 9).6W 21 d{ 5 0]~oG~01 L01 FOR P0.. NJ. FOR PCL. IL. a 0)-10-01 F011 P0..H4 \f' YE SEC. XO. ~ SFE SEC. 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W.12) n ~ \ sEE sEC. xo.1z) I 0 ,~,a1 .N v a w ~ _ _ ob.. b.~x.:=E.l r PasPEp.,E~ COUNTY OF SUFFOLK © E 'xx t0116 SOUTHOLD SECTION NO L .rd wr.. .w., ra x,. .u... - robin. w~.~r r.. )xf we~c ,c )s: x NOTICE [ E _,„,,,a, p., 12ll , O r[IX,°;; ;,T , .d,;d:.x:„a x;- .N,Fn.nEE, ,6rER,610n, I.FE pR e ~ ~ Real Property Tax Service Agency Y 9lLA6F6 125 G snmr nn rer ra ~x^' w'"' anHNUCax of ox rrPOxtron of cxF ~ [p91TY Een9er Rlverlnad, N Y 11901 E tl ~v~ n. nrue ,qn bar.ee uT - r e .n tt rm. - e _ _ z11EF 0.6 CCIJniY i, YPP IS PF04HITE0 4 ® $C1LE N FEFI: A ~ tr' x1LLNW)~1RTi6rv PSauSSVOn ai ilc O 16 laaa D za ~.~w¢S • vzae rk . w,,,~, - _ , - _ .:..w.. o....., n~ - xwae E envr`e oPCN)r ) ccna P c :a PROPERTY YAP MvFIrS )F: w.. t ' ~ b§+' 1 i ~ ~"~-1 r + r. i t r-~ s i iy- 3 ~ j v, f 6 lT• ~°sA.N. ?..nd d~ ~ X;?~.. j 4 ~a¦ C+~`~"Y \~!"1.~~ 'ai ~4 w'`l~_?~~~5{nf' r~ r~ a~r_~'., .fir ~Y .3. y$~ - ~,.rt)•;-~ y I 1 ~ ' 'y ~'F ~ -,nom _t, ~l.: a r~Y )a/~•: Yla°~ Y ~ ~Y 4 ~ F ~E ~ 71A~ r. r ~ iG9Y 'Y ~~1~° ~ y qk ~t ~a.'~ .,.,d~~ M1r ~ ,yam --t.~^F 5 iF c`.. ~'pF'~}~J a~. ~ . yc 4ti .1. ih 1 ' tfi~~~~ir }_iN i, ~i 1. ~ ~ ! M ~ F'u~ `iA y~ , f~• ~ ~ e 1,~~ a 9~ • ~ ~ !.3~~ : ~ f` ~~k ~ ~ ~ $ 4 . ~.isi~ S 3. , dr " ~ j? 'iii' Y~a~'1 y Y, 4Lirii~` ~ k S:. ,y_ ~ a to a'}y~,(~~~ ~ ` Yt C~* \ s~ y~ ' ~ r ~ J r' J Project Status Report for Conservation Subdivisions Sketch Application Dates Pre-Submission Conference SEQRA Determination l ~ ~ l Ti 1 b"1 Sketch Application Received -'1 ~lr~~o"1 SC Planning Commission Referral Application Fees Paid SC Planning Commission Comments $~2g~(S' 1 ERSAP Submitted N4 Fire Departrnent Referral `l~ 11I0A , Yield Plan Submitted N A. Fire Departrnent Comments Concept Design Determined Engineer Conference Fire Department Comments ~ ilo'ZI~Og Sketch Plan Submission SEDRA Coordination S ~l col Conditional Sketch Approval q ~ ~ o~ 0-1 Landscape Plan tyA Sketch Approval Soil Conservation Plan nt A Final Plat Application Dates I6 months after Preliminary Plat Approval) Final Application Received '1 ~Z~~- Affordable Housing Fee Paid !~I Ac Application Fees Paid ~i60' Administrative Fee Paid PC N4Za DOt+ aPP ry'~~ Mylars Received (51 IT2110~ NYSDEC Wetlands Permit Received Paper Prints Received (81 NYSDOTIDPW Permit Received ,N/Pt Final Road and Drainaoe Plans Trustee Permit Received l,0 N"L r Performance Guarantee Received 1V pe Final Hearing Set 2.111 Performance Guarantee to Town Board JV ~ Final Hearing Held/Closed 1 ~ \~11 O~ Final Covenants and Restrictions Filed Lecal Documents Final Homeowner's A reement ~ Conditional Final Approval ~ 4l1 ~ N Final Road Maintenance Agreement Final Approval ~ ~ ~J I ~9 ~o~/-G e„~ 12 ~ 11 ~ 01 r.~ Z. ~ . ~t ~ rw. 2 Y At a(~~ M y 16r y 1 y) ~~w c.ay11-t, C ~.tl' S ~ C ~ nw- rv ~ l~ 4~r~n .y, Z ~...2 .n1 tL~ vw-~~ ~ ~ ~-t~-j v ~ ~ Park and Plavaround Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Mao Routlna: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: '~~2~ IMc~~L r~ ~rva~e..C. LU,AJ l 2~ 0~ ~z ~j'c S v Page 1 of 1 • Hilary, Scott From: Hilary, Scott Sent: Friday, August 22, 2008 8:48 AM To: Lanza, Heather; Russell, Scott; Sepenoski, John; Spiro, Melissa; Terry, Mark; McMahon, James Subject: Suffolk County Conservation Easement For Jacoby To all a-mail recipients, At our regular monthly Suffolk County Parks Board of Trustee's meeting, the Trustee's unanimously approved the county to move forward in securing a conservation easement on 7.89 acres of the Jacoby property (also recognized by the County as the Laurel Lake Addition). The 7.89 acres is inclusive with Lot # 3 identified in the Town of Southold's Conservation Subdivision for the entire Jacoby property. The Board of Trustees support and approval for the Conservation Easement is one part of the process and will need final approval by the County Legislature. Once final approval is resolved, the conservation easement and stewardship responsibilities will be charged to the Suffolk County Department of Parks, Recreation and Conservation. In the deed for the Jacoby Conservation Easement there are 13 prohibited acts identifed, one of which prohibits commercial and/or active recreational uses with the exception of an unpaved walking trail no greater than 10 feet in width around a portion of the eastern, southern and western perimeter. The deed language for the trail further stipulates that such walking trail may be permitted at the discretion of the owner with an approved inter-municipal management agreement between the Town of Southold and the County of Suffolk. Also, such trail may be defined by a fence, which may be screened with trees, shrubs or bushes, at no cost to the County of Suffolk. SCOTT A. HILARY, Planner/LWRP Coordinator/Suffolk County Parks Trustee 8/22/2008 ~ ~ • • Laurel Lake County Park Addition -Jacoby Family Limited Partnership Property 1000 12500 0100 005001 p/o 7.89 Acres CONSERVATION EASEMENT Prohibited Acts: • The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind. • Excavating or filling including the removal of top soil, sand or other materials. • Any further subdivision. • The dumping or accumulation of unsightly or offensive materials. • The display of signs, billboards, or advertisements. • The cutting or harvesting of trees, except to trim dead branches and/or trees and remove hazards to persons or property by hand or organic methods. • Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters. • Disturbance of the wetlands and/or stream buffer. • The alteration of any ponds and water courses or the creation of new water impoundments or water courses. • The removal of trees, shrubs, or other vegetation with the exception of a 10-foot wide, unpaved walking [rail in the location as indicated on the map. The area designated as the "Meadow" may be mowed twice each year between the dates of November 1 s` and April 151 in order to avoid nesting periods and to facilitate the growth of native grasses. Outside of the meadow and walking trail, the property is to be left in its natural state. • The use of pesticides, herbicides and chemical fertilizers. • The creation or placement of overhead utility transmission lines, utility poles, cell phone towers, antennas, wires, pipes, wells or drainage and septic systems. • Commercial and/or active recreational uses with the exception of an unpaved walking trail no greater than 10 feet in width around a portion of the eastern, southern and western perimeter as shown on the map. Such walking trail may be permitted at the discretion of the owner with an approved inter-municipal management agreement between the Town of Southold and the County of Suffolk. Such trail maybe defined by a fence, which maybe screened with trees, shrubs or bushes, at no cost to the County of Suffolk. • The use of the premises for a leaching or sewage disposal field, drainage basin or sump. • The use of the acreage of the area of conservation easement for purposes of calculating lot yield or development density on any other property is prohibited. The owner grants all existing development rights on the premises to the County of Suffolk. Such rights, except those required to carry out the permitted uses of and activities on the premises, are terminated and extinguished, and may not be used or transferred to any other parcels. * For specific details, see the Deed of Conservation Easement. Laurel Lake County Park Addition -Jacoby LTD Famiiy Partnership Property SCRPTM # 100012500 0100 D45001 plo CONSERVATION EASEMENT Suffolk County Multifaceted Land Preservation Program -Open Space Preservation 7.89 acres -Laurel, Town of Southold ~ri' ;~~~•-yy~ ~I~~ -,~.`.ilyyyyffff . ~Y ^ Proposed Acquisition of L_l a S.C. conservation easement • ~t ~ Area omitted from acquisition . ~ of a S.C. conservation easement • ~ , - Walking Trail `"fje ' : y~~ ~~fi - ~ - Suffolk County _ ~ ~ Master List i ,Y •µµyy~~~ ~ Town of Soutttok! R> State of New York ~ ~+s;~, /~1~; ~ 7 4, i ~ SCRP Tax Map Base a.e-S ,~i . ,v ~ ~ j / j;,'" ~ ~ - `~'~t~`r~-~ • ~ NYS DEC Freshwater Wetlands r ' i ~ / 1j~ sir\~ 'y ~ w is ~ r ~ Town ~ r ~ ~ , . . Dev Rights /'Y ° `r .Y _ . . ~ f ,i i Y Town ~ • ~ r 4 Dev Rights COPYRIGHT 2008, COUNTY OF SUF FOLK, N.Y. Real Property Axmap panel hework used with ppmissbn o1 Suffolk County Rani Property Tu Servix Agsncy(R.P.TSA.). Thb rendering isa GRAFT k1APin tMt l)the obra d+pfayed is an inbngency or infra agency work' produced br the purpose d lc) 2D04AMal PhaNQaphy New W rk Cate O(dce 4x Teth rolo~r. identN,Mg ¦M coReaing dsd. h is rtd a Inal agency tlelenninalWn. h b iqt statbtkal or 4ewa1 canpi atlon of drta. h same cases eorrea data has been let out and qua slbnade a 4nsttuole data has been auaggaafed to he4 Idartify erron, In sboQ 0 1,000 2,000 !'eat cu esbdro cempkrte orucura eln arty wayadMlha wneCbn otrita andie not held a ~ r r~7 •excarylsd tan lF.QIA.) tAs pro+bbns o! the Frwdam o/ InkanaBon Law jPuWk OfAcsrs LawArtkle B Secdon B4-0OJ by +ec'lon Br1.2p Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision ~ B y r~~. ~ 1~y 2. Suffolk County Tax Map # ' ~ZS- 5,.,,~ w,,,.,,,,,,,~ L r _ 3. Hamlet _ mm "x 3o SS K 12 kvP ' ~ ~ 4. Street Location ~ } - - ' ' 5. Zoning District C I ? 208 ? ~ 08 - 6. Date of Submission ! ® ~ I 7. Sketch Plan Approval Date " :...W._...., 8. Preliminary Approval Date 9. Number of Lots Proposed 10. Acreage of Open Space/Reserved Area ~ • 2" ~ ~ 11. Affordable Housing Units Proposed 12. Percentage of Affordable Housing 13. If providing less than 25% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B) of the Town Code. 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not, please explain the differences. 15. Application prepared by [ ]owner [ agent [ ]other Signature of Preparer Date / ~ . ~ s~ ~o~OgUfFOI,~~oGy ~ ~P.O. BADDRESS: PLANNING BOARD MEMBERS ~ JERILYN B. WOODHOUSE C ~ Southold, NY 11971 Char y Z OFFICE LOCATION: O ~ RICHARD CAGGIANO ~ ~ Town Ball Annex WILLIAM J. CREMERS d,~01 ~aO~ 54375 State Route 25 KENNETH L. EDWARDS # (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 766-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivisTion des Icribedfherein. I . Name of Subdivision J i~ ~ D M f L~ 2. Suffolk County Tax Map # / ~ d - 12 S - S. 3. Type of Subdivision Standard [ ] Conservation [Vj~ _ _ x M+ 4. Hamlet 0'-~ I'+ f TitU C K- 5. Street Address/ 3oSS K;Qt(~~ Lr~e~ Project Location a. S ~ 6. Acreage of Site ~ ~ ~ l ~ ~~,i Lnu1 7. Proposed Yield ~ ~-erS - - 8. Number of Lots Proposed ~ ' ' " , .-,,.w. nn nRa re, 9. Zoning District C - K_2d ~ ~.6 10. Date of Submission ~ ~ Z-~ ~ ~ 11. Please provide the names, addresses and phone numbers for the following people: Applicant: R~'N- ~ R-~. ~'e t-Hi ~s ~p ,c 1~l`F-7 M a~~; w~ , ~t1 l ~ Q ~a-- 7 ~3)- ~i~S-I`~(~ 1~~ i Ilan H roll-KA'^ Agent: IIS~~t,4~ ~°~-`M'me L ~7 Id~"C'tiIS~S ~ Property Owner(s): ~T{~CO bu_~ FL? C.a.~~~z'~A~rrner w'n;~Gaed~ 2p.inrt surveyor: 1r~~~~J!r~ecwo (S ~o (~o>s.?93? (~„na,~knwd, lu-1 ?tSO t ~-"7-Yi94 t7 Engineer: Attorney: 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Boazd. O ~7n~til R~ 13. Has apre-submission conference been held with the Planning Boazd? If so, provide date. ,e 14. Has the owner/applicant met with Land Preservation? If so, provide date. No-t t)P~tai.~ 15. Is any part of the property in agricultural use? Na 16. Is there an existing or proposed sale of development rights on the property? ~ Q~aJ~ T , 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. /(/a 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). No 19.The site will be serviced by the following special districts or utility companies: Fire District /yi~'TT1 ZC/L Post Office ~J/J'Tn Tl/e /L School District ~.(/q~TT'j~~(C~ Ct/~ t,~,~ Water 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. T~x; s,"'. ~c SeR.yr hc~ 21. Please indicate the type of open space proposed and how it will be managed? - iO wh~ah S /KG/w•~ reenf '/}1S /ii FYI-~rvt/t~~-!~bn Rr1tP.Nt.-+T LtDnifl;9 / -~fl D~.Y.~ ~ /~/fillLl.O A/ /7cca<IYJh70/1 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? Nifin tJ Duce - i~/fivi'c ~ R.e.~etv~, =?D .~errAin fss PA/Lrd~Lo i ~ SHr~// Hoy~o -/~r_cASs.bni9-(_ ~/rP - 7a /I2Nr}s/1 ~.r O/fR~T DG CoT'~ 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. N~~ 24. Application completed by [ ]owner (j]~agent [ ]other Signature of Preparer J Date Z,~ 6 . i ~ Authorization Letter I, Win'rfred Breines, General Partner of the Jacoby Family Limited Partnership, owner of the property identified as SCTM # 1000.125-1-5.1 hereby authorize North Fork Permits to apply for a subdivision on our property and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature ~~'%^_T,-~_<~~`~I1'~ :...-~/~s Sworn before me this ~ day of , 2007 iJotary Public it YUKO MUROI NICOLI 111 Notary Public ~~t~//~ Commonxreenh of MeeUe MY C~eelon Ewphee Novenbx 1,2019 ~ i • Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics nrohibi[s conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it1to take whatever action is necessary to avoid same. Your Name: ~~~-~'^'~N 1 ~l 1 last name, first name, middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. Ifso, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat X Planning Site Plan Other (Please name other activity) Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns/more than 5% of the shares. Yes No `r If you answered "Yes" complete the balance of [his form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line Athrough Dand/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncotporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this day of 200 Signature Print Name s~~.zo Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. I[ is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 Part 2 ~ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ® C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. 'A Conditioned Negative Declaration is only valid for Unlisted Actions Jacoby Family Limited Partnership LLC Conservation Sub. Name of Action Town of Southold Planning Board Name of Lead Agency Jerilyn B. Woodhouse Chairperson Print or Type Name of R~espo~nsible Officer in Lead Agency Title of Res onsible Officer Signature Responsible Offcer in Lead Agency Signature of Preparer (If ferent from responsible officer) October 15, 2007 website Date Page 1 of 21 617.20 Appendix A State Environments/ Qusllty Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. Tha question of whether an action may be significant is not always easy to answer. Frequently, there era aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Pert 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Pert 2: Focuses on identifying the range of possible impacts that may occur from a project or action. h provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large Impact. The form also Identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE Type 7 and Unlisted Actions Identify the Portions of EAF completed for this project: ? Part 1 ?Part 2 ?Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ®A. The project will not result in any large and important impactlsl and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ® B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared." ® C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. "A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (lf different from responsible officer) website Date Page 1 of 21 . PART 1--PROJECT INFORMATION Prepared by Protect Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional information you bell eve will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requir1ing such additional work Is unavailable, so indicate and specify each instance. Name of Action ~.J A ~.o~'~ .S ~.b c~.a~.ri s ~ o n Location of Action' (,Include Street Address, Municipality and County) ~ D,h'.S K t Q.44 V P L Fkrt 1 /d7T7~ TVr^ ~ 19_~r SJ ~0 1 k- Ci3yvt ~ Name of ApplicanUSponsor /~pQ-TH~ tnR.K PQM~~'S Address_ V t7x ~ 4 y city I PO F{ K}m N C K state / Zip Code / j ~.5~ Business Telephone I _ l/ x.5..1 Name of Owner (if different) J Id'(:~O b 4 F ~ 'n ~C-~O Address 'Z~e~ ~Ar~,~.SS~Gb-~l'~`t~CT 7't~ _ city 1 Po G+~-~~7!`~U(vF state zip cede (4 p Business Telephone (P ~41 ~~~4Q Description of Action: sr(` _~~-I- o o ~ e x i S i~'n q HA'i n 1'19 Js e 1`M ~ '~rp-Jec~ecL o~ert s/~ w-~- 1"K-or-l S t-~ ~ I I e R (1 vvs el -ftcitc t yrl.~ ,gei~ ~2e.s e/1-v-e- l~ S rc,,f,~ i~ C~:r,-,~~ Page 2 of 21 , Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1 . Present Land Use: ~ Urban ®Industrial ®Commercial Resild~ential (suburban) ~ Rural (non•farml ®Forest ®Agriculture Other ~~nn?+}T ~~~X fBS~fno?~6i / V 2. Total acreage of project area: [Y..i_acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow orBrushland INon-agricultural) I ' ~ acres ('/3 acres Forested ~_acres / acres Agricultural Ilncludes orchards, cropland, pasture, etc.) ~ acres ~ acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres ~ acres Water Surface Area acres ~ acres Unvegatated (Rock, earth or fill) acres acres / Roads, buildings and other paved surfaces • 7 _ acres ~ acres Other (Indicate type) acres acres 3. What is predominant soil typels) on project siteT a. Soil drainage: ~ Well drained of site ®Moderately well drained of site. Poorly drained of site b. Ii any agricultural land is invo d, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification SystemT acres (see 1 NYCRR 370). _ 4. Are there bedrock outcroppings on project site? ®Yes ®No a. What is depth to bedrock lin feet) 5. Approximate percentage of proposed project site with slopes: ~0-10°k_°h ~10- 16%_% ~ 15°k or greater°h 6. Is project substantiail contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ~ Yes ~ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes ®No ~ ramie- 8. What is the depth of the water table? l 7 ~ (ir~teet) g. Is site located over a primary, principal, or sole source aquifer? ~Ves ~ No 1'0. Do hunting, fishing or shell fishing opportunities presently exist in the project areal ~ Yes ~No Page 3 of 21 11. Does project'site contain any species of plant or animal life that is identified as threatened or endangeredt Yes According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? li.e., cliffs, dunes, other geological forma[ionsl ®Yes ®No Describe: 13. Is the project site presently used by file community or neighborhood as an open space or recreation area? ® Yes ~No If yes, explain: - 14. Does the present site i~clude scenic views known to be important to the community? Yes ®No .Ci9+i2e.Q L~.re-- 15. Streams within or contiguous to project area: ~b a. Name of Stream and name of River to which it is tributary N 16. Lakes, ponds, wetland areas within or contiguous to project area: RtifJk~L L!j'K-e-~ ' b. Size (in acresl: C ~ -/}~/1.P /1u~A-re~% ~-TTGe/h9l~P G>9-/Ce ' Page A of 21 , 17. Is the site served by existing public utilities? ~ Yes ~ No a. If YES, does sufficient capacity exist to allow connection) ®Yes ~ No b. If VES, will improvements be necessary to allow connectionT ®Yes ~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 end 304? ®Yes ~No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ®Yes ~No `pOIA.} ~ 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes ®No B. Pro)ect Description 1. Physical dimensions and scale of project (fill in dimensions as appropriately a. Totes contiguous acreage owned or controlled by project sponsor: acres. b. Project acreage to he developed:z D7/2 acres initially; Z•~~Zecres ultimately. c. Project acreage to remain undeveloped: 7i • ~ acres. d. Length of project, in miles:~_lif appropriate) e. If the project is an expansion, indicate percent of expansion proposed.( JU % j f. Number of off-street parking spaces existing proposed Jci g. Maximum vehicular trips generated per hour: r lup ~ completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy isl U ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site) O tons/cubic yards. 3. Will disturbed areas be reclaimed Yes ~No ~,N/A a. If yes, for what intended purpose is the site being reclaimed) 6. Will topsoil be stockpiled far reclamation) ®Yes ®No N~~ c. Will upper subsoil be stockpiled for reclamation) Yes ®No~/~ 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres, Page 5 of 21 5. WiII any mature forest lover 100 years old) or other locally important vegetation be removed by this project? ® Yes ~No /1~I 6. If single phase project: Anticipated period of construction.! / ~onths, (including demolition) 7. If multi-phased: a. Total number of phases anticipated ~~~number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases) Yes ®No N1~ 8. Wfll blasting occur during construction? ®Yes ~ No P~ 9. Number of jobs generated: during construction ;after project is complete /v,~ 10. Number_ of jobs eliminated by this project /?1 11. Will project require relocation of any projetas or facilities) ®Yes ®No /c//~' If yes, explain: 12. Is surface liquid waste disposal involved) ®Yes ~No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes ~ No Typa 14. Will surface area of an existing water body increase or decrease by proposal? ~Yes~No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? Yes ~No 16. Will the project generate solid waste? ®Yes ®No a. ft yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? ~ Yes ~No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill) Yes ®No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid wastel ®Yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 1 B. Will project use herbicides or pesticides? ®Yes ~Tlo 19. Will project routinely produce odors (more than one hour per dayl? ®Yes ~'No 20. Will project produce operating noise exceeding the local ambient noise levels? ®Yes ~No 21.~Will project result in an increase in energy use? ~ Yes No i j~ If yes, indicate typels) 22. If water supply is from wells, indicate pumping capacity gallons/minute. GX j S fi n 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal fundiny? Yes ~ No If yes, explain: lvUn~ 1`~' ~!/k~Cfl~S/, C;D//,jL''~* ~i~sell'C/~I/ ' Paye 7 of 21 .f 26. Approvals Required: Type Submittal Date City, Town, Village Board ®Yes ®No !i7 J/f/~C.d1./Y'~ City, Town, Village Planning Board .Yes ®No City, Town Zoning Board ~ Yes ~ No .~S/~.n~.~.~r~w •wt~. City, County Health Department ®Yes ®No Other Local Agencies ~ Yes ~ No Other Regional Ay~~encies Yes ~No `DFc State Agencies ~ Yes ® No Federal Agencies Yes ~No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decisionl ~Yas ®No If Yes, indicate decision required: Zoning amendment ®Zoning variance ®New/revision of master plan Subdivision Site plan - ®Special use permit ®Resource management plan ®Other Page 8 of 21 . • 2. What is the zoning cl/a~ssificQationls) o/f the site? ~l ~/Ua ~ 4LPMCR~ 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 2 ~ efGS 4. What is the proposed zoning of the site? ~ ~ Cq~1~`C l~al,.~ 6. What Is the maximum potential development of the site if developed as permitted by the proposed zoningt Z l? oti5 6. Is the proposed action consistent with the recommended uses in adopted local land use planst Yes ?No 7. What are the®~p~re~dominant land usels) and zoning classifications within a mile radius o~proposed actions 8. Is the proposed action compatible with adjoininglsurrounding land uses with a milel Yes ®No g, If the proposed action is the subdivision of land, how many lots are proposed? a, What is the minimum lot size proposed? _ .5 Q~ V Page 9 of 21 1• 10. Will proposed action require any authorizationlsl for the formation of sewer or water districts? ®Yes No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection) ®Yes ~No a. If yes, is existing capacity sufficient to handle projected demand) ©Yes ~ No 1 2. Will the proposed action result in the generation of traffic significantly above present levels) ®Yes ®No a. If yes, is the existing road network adequate to handle the additional traffic. Yes ~ No D. Informetlonal Details Attach any additional information as may be,kteeded to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss ;uch impacts and the measures which you propose to mitigate or avoid them. E. Verificailon I certify that the information provided above is true to the best of my knowledge. / Applicant/Sponsor Namy/eJ /,~J~(~~~~~ ~ Date ~ ZD ~ 7 Signature __/~~i~~~~ ~ f-..p b yr ~ /,may ~ Title tgC-fJJ(~'~ , GIJOIC[ D[ CLt, ~ F~ ~j ~`b-ty"rTN z_I If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE hO~~o~ SO~ryOIO Southold, NY 11971 OFFICE LOCATION: I{ENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND li~'COU,M'~~ Southold, NY n 11 Telephone: 631 766-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: September 5, 2008 Re: Checks The referenced applications have been approved by the Planning Board and the checks may now be processed. Thank you. Applicant/Project Nnme & Tnx Mnp Amount Check Date T e # Celic Center SP Amendment 143-3-1 $250 4129/08 Peconic Rec cle/Transfer SP 95-2-5 $550 5/2/08 San Simeon ey the Sound SP 45-2-2 $685.80 5/13/08 Marvin, Arlene Lot Line Chan a 117-10-9.1 $500 3/3/08 Jacob Subdivision 125-1-5 $500 7/1/08 Amara Lot Line 55-5-3 $500 7/16/08 Macari Vine and & Wine SP 121-1-1.3 $250 7/30/08 LR • Town Of Southold • P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 08/21/07 Receipt: 1417 Transaction(s): Reference Subtotal 1 1 Application Fees 125-1-5. $500.00 Check: 1417 Total Paid: $500.00 a F , . s Zj r i AUG 2 2 2001 . Pia:rS~r-chard Name: Jacoby, F L P ~ , rv New England Barns " _ Clerk ID: LINDAC Internal ID: 125-1-5.1 MAILING ADDRESS: PLANNING BOARD MEMBERS ~aOf S~IIjyO P.O. Box 1179 JERILYN B. WOODHOUSE ~ Southold, NY 11971 Chair ,IL ~ OFFICE LOCATION: KENNETH L. EDWARDS G ac Town Hall Annex MARTIN H. SIDOR ~ ~O 54375 State Route 25 GEORGE D. SOLOMON O~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND COU~~~ Southold, NY Telephone: 831 785-1938 Fax: 831 786-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: August 21, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Nnme & Type Tnx Map Amount Date of # Check Onufrok Subdivision 114-5-1 $1,750 npp fee 11/9/06 Jacob FLP 125-1-5.1 $500 app fee 7/20/07 LR encs. \ s <ti f' L j i '1r . ~ } . a,~~.,~• / fs b~,~ f, 1 j I~ 't ~ tr. ~rY~ / i ~\i ~ ,,j, L S ' ~ ~j ~Lf a'~."7•~`.1~.1F ~ n , r3/ t •My3 4• '4)4r''j F 't . r F ' 3,_~ t. d.. rl77f`,~ c w.~..P~ tY. e_<. t~ - ? - ,t"I,,+- ~'r y: i f`+"S7L-\~~ 1~ 1j~•~ L. K' • 7g w ~ j ~~yy,,+p~'i .h1.y .V~'i .q • Fi<~.• ~ t •~.y ~ ' y ~ ~u t~ 3 d. ,p'. YEA ~a _;A~ti.~, 'F,*. _ ~ ;;~.~i~^!~~L~. . 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I 134 0612-0] CDIIXTY OL SUFF0.l 121-03-001.6 1 y 06-22-0 / u 3 19.5 S6'°3 ~1 12-11-09 c~G u a~ M1D6lGT • 'Fy ^ ,tom EPSI~EW J _ II _21.D ~ 9 ~ +P lld/dd 3. +HV 5 q. 192 IV\ J-OJ-D 9-Ie~o ~ SG ptiti TaNx DF e~29.o \ S~~• swrxa.o ~ +i - ~7 - WP ~ ~ \ 5.l ~ 10.6AIG1 A 12 •S • •ti~ 11.141[1 n +.°L° ~ \ yr• ' sauixao B.1 + +y q14 11.111[1 2 +6 ~ p•25 6.l cvErv SP.cE [ ypc gl 10.61 STAiE OL y M1' 2l X1AIC1 ~ N a 1°PE sC +1PG E a , N +>Ntc ~ 11 .4}6 M1+ i ~p ~ 2.DAIC1 q N M1 • $ y • 13 ~ VS6+c i O " 1.1AIC1 e m m +6 ? ~ 'a 2.32 ~ 9 +•y~G `m 20.91 1.241[1 j y N M1 QP m .t COWIY OL SUFLOLR S 1 y~ ' M1> ElDa,cx, acx,s~ 21.23 F xi ~y'c M1~ i y 161~i1 0 >5 L1.1A M1 Y ~a63 1l x tiystG M1+x LOFNLOVxExaacx~isO 2.04 11.24 ve n~ ni °P Y~IJ ~ M15y 4 ~ 1~C u« - M1~ {t. +M1 ~ m y Y 21.21 2122 '6 4 +1 ~ [.10 ti~ - waEE~ mrtx m¢E 3 v° M1 , 2.6 Q'• _'m 21.20a r 2136 1e ei 21.9 yp'\ 6.OAIC) h' f0 6.BA - 2131 +S 3 M4lTITLCC 1.941[1 21.1 x' 15.54 ~ 9 PARK 4SPC ~ +°LJ OSTPoCi 2.B 2L19 N.16 c -029.8 d t q ° Oq• 6 21.5' 1e J ~ i I.OAICt s~ N.i 6 ryM1~ 3 v t 21.]i ' 21.6 m" D,' N i~ + ~ c 21.16 C4~EL we Pa.1 u, O / ub m i ssE < oz: d M1+~ I.v ee •P e 1 21-1s _ 21.u s9 ~ ~ M1~P ~ LAMEL eouxox 2z pPp lg c 6sem1 ~ x„ ° o ~ i ' scxoDL olstwcT rw.1 y z.eAlcl P 3 O ~y M1+' ° M10, ] 4 c pis w. x w N.111 rj. < +fi d 6 G W J' ~ l L M1 ..J,q~ +0 21.12 )tav a y 1 APId ~ m _ Ez.nos,eo. ~ M1y` it 'A xP~ y'' c~+1~ 21.11 n9 r y 1 4 , +6 z O s x FDR Pa. xD. ~P y. a 66'23e 1'1 ~ 5EE sEC-ND. ~ _ 5n ~ P~' 13.511[1 y ~ _ _ \ 1 s o1 az1.z3 lz a + O 1° 3 c + oP 2 x , ~ ~T ~ f •tM1~pJ V pP d a 1.1 ~p 0919 6 ti u so k d OG~ ,R;. , y ePg zuml , t %r s~ ~ , q ,~En s..cE e, ~ ~ e c § u ~ x m - ELF yam! ~ r cv ' Loa vcL. xD. FDa acL. xD. ~ • cAjz s+y^. z1.zs P ~ L00. PCL ND. c 2J 5EE SEL. W. 5EE SEL. NJ. ' u 20.11 y ~ SL611c1 iZ1-03-011 121-D3-%2 9 ~ (nom 5EE SEC. NO. $ 0 a 3. tn-DS-DO1 c O _ ~ _ _ _ + -T - unTCx ~ _ uxE~ v unrcx uxE MAiCN ~ LWE $3.3 ~ MPTCH EH ^ 5EE SEC. NU. 12] ~ ~ k , 5EE SEG W.121 •o. Y ya1.0 ;x +O _ _ „a~ M.,,,•,._ - `°~.`a~.s NoTicE COUNTY OF SUFFOLK © E '%16 SOUTHOLO sECnoN No e ~a~. a,.~~,~,%,>x°. 1zv ,xo ~ ,~,.4 ~ - V~~- :o .,d..;~.; 'z -x9p-- ~ , .x _ Mn»,ExnxLE.,ITEH4T1Dx.;n116R ;Real Property Tax Service Agency r 111 lz, )..W6 125 C ° R _ ee o< DisJ9i6ui ox aL ax PoeiDn or 1xE ~ ~ Canty Lester Rivxh9Dd~N Y 11901 N sGrFmn mx P s eHE° sulE w LEEi. N w.~. ~,r... a •~m ..,.•T a. .¢W.xcc ens. .1xam miE Ex ssD qo` ~ A o° v. mrpcTro 100 - ua • m o. n u ~ eEnl cxwEen - P PROPERTY 61PP p n a _ - - - ~ox.Exaox o..E. - _J KEY MAP SCALE 1"=600' TYP£CAL PLOT (NOT TO SCALE) PROPERW LIN~ %.% PLAN CLUSTERED CONSERVATION SUBDIVISION PROPERTY OF THE JACOBY FAMILY LIMITED ~ ~ TOWN OF N 86'37'54" W ~ LOT FOR THE PARTNERSHIP SITUA TED A T MATTITUCK SUFFOLK COUNTY, NEW YORK /~ jUN~4ZO0~ ~1 SCALE 1 =60 . ~=,. ..... MAY 2, 2007 ' ~"-" ~ ' NOVEMBER 27 2007 ADDED ADDITIONAL NOTES ; FEBRUARY 2 . 2008 AODED NEC/ SEPTC SYSTEM · WELL ON LOT TOTAL AREA = 455,567 sq. ft. (TO TIE UNE) 10.454 ac. APPLICANT! ~'~ ' LOT 2 / 269.72' BUILDING 50% EXPANSION POOL TEST HOLE No. f TEST HOLE No, 2 ROAD TYPICAL SEWAGE DISPOSAL SYSTEM SEPTIC TANK (1) THE EXISTENCE OF RIGHT OF WAYS S$3.J£CT TO COV~.AT'JT,~'& D:£STEICTIONS LI~EE ~a~. ,IIIN 9 ? Vlto A, MmoT, P.E, LEACHING POOL NOTES: 1. ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: 2. PREVIOUS SUFFOLK COUN~ DEPARTMENT OF HEALTH SERVICES No. B9-SO-107 $. ZONING USE= AC - AGRICULTURAL CONSERVATION ~. THIS PROPERTY IN IN FLOOD ZONE X 17' THIS IS TO DE~P~ THE SUBDNJSION pLaN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF RIVERHEAD BY RESOLUTION OF APPROVAL DATED CHAIRMAN pLANNING BOARD I hereby certify that the woter supply(e) and/or sewdge disposal system(e) for this project were designed by me or under my direction. Boeed upon o careful ond thorough study of the soil, site ~nd groundwater conditions, oll tots, os proposed, conform to the Suffolk County Deportment of Heolth Services ~nstruction stondords in effect os of this dote, N,Y S, Lic, No. 50467 Nathan Taft Corwin III Land Surveyor Title Surveys -- Subdivisions -- PHONE (651)727-2090 OFFICES LOCATED AT 322 ROANOKE AVENUE RIVERHEAD, New York 11901 Site Plens -- Consfructlon Loyout Fox (631)727-1727 MAILING ADDRESS P.O. Box 1931 Riverhe~d, New York 11991-0965 27-097 KEY MAP SCALE 1 "=600' CLUSTERED CONSERVATION SUBDIVISION PROPERTY OF THE JACOBY FAMILY LIMITED SITUA TED A T MATITUCK TOWN OF SOUTHOLD ~..~,,,~.~-~'~' SUFFOLK COUNTY, NEW YORK ~:~':"- .... ', S.C. TAX No. 1000-125-01-~'"'" .~-~ ' '.,, SCALE 1"=60' MAY 2, 2007 NOVEMBER27,200?ADDEDADDITIONALNO~5 TOTAL AREA = 455,367 sq. ft. (TO TIE LINE) 10.454 ac. FOR THE PARTNERSHIP APPLICANT: JACOBY FAMILY LIMITED PARTNERSHIP 5055 RIRKUP L~NE MATTITUCK, NEW YORK 11952 TYPICAL PLOT PLAN (SOT TO SCALE) PROPERYf LI~7 L~T 2 ~ONSERYATIOYa EASEMENT AREA~ (~NSERV,ATIO~ EASEk~E~IT TG SUFFOLK (,UNTY) / BUILDING 50~ EXPANSION POOL ROAD TYPICAL SEWAGE DISPOSAL SYSTEM SEPTIC TANK (1'3 TEST HOLE No, I TEST HOLE No 2 R¥ CHAIRMAN pLANNING BOARD I ~ereby 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 to the Suffolk County Depar[ment of Heelth Services constructi3n standards [n effect as of this date. LEACHING POOL SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N.Y, with ~ ~otol of_ lot was DTrector, Dlvlalon of Environmental Quality 1. ELEVATIONS ARE REFERENCED TO AH ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS: zQ~ N,Y.S, Lic. No. 50467 Nathan Taft Corwin III Land Surveyor Title Surveys -- SubdMs¢ons -- PHONE (651)727-2090 OFFICES LOCATED AT 322 ROANOKE AVENUE RIVERHEAD, New York 11901 S~te Plons -- Construction Layout Fox (631)727-1727 MAILING ADDRESS P.O, Box 1931 Riverhead. New York 11901-0965 27-097 PROPOSED SUBDIVISION FOR JACOBY PARTNERSHIP KEY SCALE MAP 1 "=600' OpEN ~':~ A C E ~ LOT/2 CONSERVATION FAMILY LIMITED SITUA TED A T MATITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-125-01-05 SCALE 1"=60' MAY 2, 2007 TOTAL AREA = 455,567 sq. fi. (TO TIE LINE) 10.454 ac. APPLICANT: JACOBY FAMILY LIMITED PARTNERSHIP 3055 KIRKUP LANE MATTITUCK, NEW YORK 11952 TYPICAL PLOT (NOT TO SCALE) PROPERW LINE~ PLAN BUILDING LEACHIN~ POOL ROAD TYPICAL SEWACE DISPOSAL SYSTEM SEPTIC TANK (13 TEST HOLE DATA LEACHING POOL NOTES: I hereby certlfy that the water supply(s) and/or sewage disposal system(s) for thls project were designed by me or under my dlrecUon. Based upon a careful and thorough s~udy of the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES NAUPPAUGE, N Y. I HEREBY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLEFED MAY 2, 2007 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS · HEREON ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL BY THIS IS TO CERTIFY THE SUBDIVISION pLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF RIVERHEAD BY RESOLUTION DF APPROVAL DATED CHAIRMAN pLANNING BOARD Nathan Taft Corw n III Land Surveyor D~le Surveys Subdivisions -- PHONE (6~1)727-2090 OFFICES LOCATED AT 522 ROANOKE AVENUE RIVERHEAD, New York 11901 Site Plons Construction L~yout Fax (631)727 1727 MAILING ADDRESS P,O. Box 1951 Rlverhe~d, New York 11901-0965 27 09(