HomeMy WebLinkAboutHubbard, Anne A (4)1000-74-2-15
Baseline Documentation
Premises:
33365 County Road 48
Peconic, New York
6.8866 acres
Development Rights Easement
ANNE A. HUBBARD
to
TOWN OF SOUTHOLD
Easement dated December 21, 2000
Recorded December 28, 2000
Suffolk County Clerk - Liber D00012093, Page 057
SCTM #:
Premises:
Hamlet:
Purchase Price:
Total Parcel Acreage:
Development Rights:
CPF Project Plan:
Zoned:
Existing Improvements:
1000-74-2-15
33365 County Road 48
Peconic
$-0- (Gift)
6.8866 acres
6.8866 easement acres
Yes
A-C
In November 2000 -
Fallow field; few shrubs and some
lawn along westerly boundary;
edge of woods running along
northerly boundary line.
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DEC'KERHUBBRBD@WELDEN ID:212-649~5998 DEC 11'00 16:52 No.O02 P.O1
Dcccmbcr I i, 2000
~ ~ '": ?-:' :' ~L-'~.,';' .T-?:-.-~:?T.. '.: ..,. ~ . ' :
B~ ' :'' 1 .............. t lia~,e 'these furflicr suggcst~ons Ibr thc form of deeds:
"~'~°"'~""*"'": (1 T~:o~completcly thcpcnultimalc pamp,~oh dc ingwith'~ho
.. . ~y. ,.C~ t; I now lhink it doesn't add much and might cloud Ibc issuc -
· , . . . . .- ....
' ]::"~' "'~':" ' i~ ;:..:i . . . ~ . . .l... :.
~l~"l~!f~'w"t":'?~::"" !:'*: ~:[i *~llh ~S~t to thc thfcc F, ropcrlics on which there are structures, don't
......' ' ' ' ' ' I ~ .... ~y,~U'.ltii~ ref~mnoe should be mado 1o this fact in ~edeeds?
~ .~.~.;.-'.-' '. ,.::-',' ,~ ~...." .. .ri::. ': · ' · '
· RofeJrring'to rel~ll'of Nclsom.?Ol~ ~; ~oorhis, the slructurcs on lhe
............ so-.~. ]~FM. iddlc Road PrOl~C!ly ~d IbC Yo,ngs Avc.nS¢ Property arc'i~ -
;: ' '" compli~ted ~ory which we should discuss.
I ~ sending this by I,~X. I w I1 ~ m ~d out Wmom~w but ~0
~.g~t .,~.,.,...? ~ .... ~ .. .... ?.:- .....
~.~: .,.i,., !~,., ~,..,~ .... ~,.., . ·
~:~.~ l.~ ~ ....~.~ . .. ,..
Phase I -
Environmental Site Assessment
Hubbard Property
1.o SUMM, ' ¥
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns, are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
propvay based on the four (4).basic components of a Full Phase I Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
This Phase I ESA addresses four (4) pieces of property owned the Hubbard Family. Each
property will be discussed individually and identified'as follows: Mill Road Property, Middle
Road Property, Horton Lane and Youngs-Avenue Property. The subject properties lie in the
Hamlet of.Southold, ToWn of Southold, County of Suffolk, New York. The subject properties
are undeveloped fallow land, however, three (3) of the properties contain buildings. The
Properties are located on the north and south sides of Middle Road (Route 48). The properties
· collectively contain nine (9) tax parcels and are more particularly described as Suffolk County
Tax Map # 1000-074-02-15, 1000:059-10-2, t000-059-04~8 & 9, 1000-63-01-1.6, 1000-055~01-
11.1 through 11.4.
The Mil~ Road property is a 6.88 acre parcel of fallow land located on the northeast comer of the
Middle Road and Mill Road which has rolling topography. There was no evidence of structures
- on this property. An inspection of the property did not reveal any staining residue, odors or
stressed vegetation. Aerial photographs from 1960, 1969 1976, 1980 and 1994 identify the
subject property as vacant wooded land.
The Middle Road Property is located on the- south side of Middle Road (Route 48),
approximately. 1,184 feet to the west of Tucker Lane. This pared consists of 8.0 acres of fallow
field with a partially eoustrueted building in the southwest comer of the property. This building
was apparently intended to be for a motoroycle/wave runner store which never opened. A solid
cast iron cover that was observed in the rear of this building appeared to be a drywell for roof
drainage. A vent pipe and cast iron covers for the sanitary system were observed on the north
side of the building. Five (5), 5 gallon plastic pails were observed on the south of the building,
some with contents however the contents was unknown. The remaining area of the property
consisted of fallow field.
The Horton Lane Property is located on the southWest comer of Middle Road (Route 48) and
Horton Lane. This parcel consists of three (3) tax parcels that total 5.7 acres of farmland. A
residential house is located in the northeast portion of this property. A complete inspection of
this residence was not 'completed due to the presence of an uncooperative tenant. A visual
Hubbard Propertie~, Soutliold
Pha~e I ESA
inSPection of the property surrounding the house revealed three (3) abandoned cars, a 55 gallon
drum and piles of debris. The remaining area of the property is active farmland that has been left
tYalIow for the winter. It is expected that the property is served by an on-site sanitary system, and
public water is available in the area. The type of heating system and fuel storage could not be
determined.
· The Yonngs Avenue Property is located on the northwest comer of Middle Road (Route 48) and
Youngs Avenue. This property consists of four (4) tax parcels totaling 3.6 acres of land. A
metal barn is located in the northeast comer of the property. This building is utilized as storage
and by a carpenter for wood storage and a carpentry shop. Piles of debris .were observed on the
south and east sides of the building. No heating system, other than a wood stove, was observed
in the building. No bathroom facilities or sanitary system was observed in connection with the
subject property. The remaining area of the property consists of grass land.
An extensive government records search fotmd no potential sources of environmental
degradation on the subject property. No Federal, State and County documented regulated sites
were noted in th~'vicinity of the subject property.
In conclnsio~, this assessment has revealed evidence of the following recognized environmental
conditions in connection with the subject property, .subject to the methodology and limitations of
this report.
1 The .five (5) 5 gallon plastic pails located on the Middle Road Property behind the
partially constructed building should be rcrnovcd and the ground beneath them should
inspected for the presence of any staining.
2. With regard to the Middle Road property, if the building is not going to be completed
and utilized the drywells/leaching pools should be abandoned and filled in, in accordance
with Suffolk County Dep,um~ent of Health Services (SCDHS) regulations.
3. The hoUSe located on the Horton Road property should be inspected to determine if any
asbestos containing materials or storage tanks are present and to determine if an
underground storage tank is present.
4. The debris located around the barn on the Youngs Avenue Propergt should be removed
and properly disposed of.
Page 2 of 28
FIGURE 1 ""~'
LOCATION MAP
Hubbard Properties, Southold
Phase ! ESA
- 72 ~8' 56'. 4105'42'
Source: PrecisiohMapping [995-1996
Page 8 of 28
OVERVIEW MAP - 0566351.1 r - Nelson, PoPe & Voorhis LLC
~r Target Prooerty
] ~ Sites at eteva§ons higher than
or eclual to the target properly
'Sites at elevs§ons lower than.
the target property
i~ Coal Gasi£=a§on $it@s (if requested)
National Pctedty Ust Sites
Landfill Sites
I I TARGETPROPERTY:
ADDRESS:
CI'rY/STATEJZIp:
iLAT/LONG:
o I/2 1
?~,! Power tr~nsmtesion lines
/~V* Oil & Gas pipelines
] 10(I-year flood zone
] 500-year flood zone
[] Wetlands per National
Wetlands Inventory
Southold Properties
North Road
Southold NY 11971
41.0603 / 72.4522
CUSTOMER:
CONTACT:
INQUIRY#:
[~ATE:
Nelson, Pope & Voorhis LLC
Steven J. McGinn
0566351.1r
November 21, 2000 10:46 am
DETAIL MAP - 0566351.1 r - Nelson, Pope & Voorhis LLC
~' Target Property
~, Sites at elevations higher a~an
o~ equal te the target property
* Sites at eleva~ons lower than
the target property
~ Coal Gasification Sites (if reclues[ed}
' Sensitive Receptors
B N
ational Pdority List Sites
Landfill Sites
] 100-year flood zone
] 500-year flood zone
Wet, ands Inventory
TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIp:
I-AT/LONG:
Southold Prope~ies
No~h Read
So~hold NY 11971
4-1.0603/72.4522
CUSTOMER:
CONTACT:
INQUIRY#:
DATE:
Nelson. Pope & Voorhis LLC
Steven J. McGinn
0566351.1r
November 21, 2000 10;46 am
PHYSICAL SETTING SOURCE MAP - 0566351.1 r
/V Major Roads
~ Water Wells
~) Public Water Supply Wells
~ Groundwater Flow Direction
,(~[~) indeterminate Groundwater Flow at Locaaon
:~(~i Grour~lwater Flow Varies at Location
· C~uster ol~ Multiple Icons
TARGET .PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
I_AT/LONG:
(~ Earthc~uake Richter S or
greater
~ Closest H~ogeologioal Data
Southold Properties
North Road
SouthoJd NY 11971
41~0603 / 72.4522
CUSTOMER:
CONTACT~
INQUIRY #:
DATE:
Nelson, Pope & Voorhis LLC
Steven J. McGinn
0566351.1r
November 21,2000 10:46 am
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON OCTOBER 10, 2000:
RESOLVED that the Town Board of the Town of Southold hereby sets 5:13 p.m.,Tuesday,
October 24, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and
place for a public heating on the question of the girl of development rights on certain property
fi.om Anne Hubbard in accordance with Chapter 6 (Community Preservation Fund) of the Town
Code. The property is located on the northeast comer of C. R. 48 and Mill Road, Southold, New
York. The owner of record and the approximate area of the parcel are as follows:
074-02-015 Anne Hubbard
6.88 acres.
The total price would be costs associated with transfer of title of land to be gifted.
Southold Town Clerk
October 10, 2000
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59,
open Space Preservation, Chapter 25, Agricultural Lands Preservation ~nd/or Chapter 6
(2% Commuhity Preservation Fuhd), of the Code of t~e Town of S6uthold, the Town
Board of ~he Town of S0uthold will hold a public Ii'earing on the ~4t~ of October 2000,
at 5:13 p.m., on the question of the gffi of development rights on certain property from
Anne Hubbard tu the Town of Southold on the following described property:
The property is located on the northeast comer ofC. R. 48 and Mill Road,
Southold, New York. The owner of record and the appi'oximate area or'he parcel are as
follows:
074-02-015 Anne Hubbard 6.88 acres.
Thc total price would be costs associated with transfer of title of land to be gifted.
FURTHER NOTICE is hereby given that a mo~e detailed description of the
above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold
Town Hall, 53095 Main Road, Southold, New York, and may bt examined by any
interested person during business hours.
Dated: October 13. 2000
BY ORDER OF THE SOUTHOLD TOWN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON OCTOBER 19, 2000, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK.
TOWN H~[,~!~?~.OX 1179 SOUTHOLD. NY 11971.
The S~lflbIk ~"~m~
Town Board Members
Land Preservation Committee
Department of Land Preservation
Thomas and Anne Hubbard
Town Clerk's Bulletin Board
PUBLIC HEARING
OCTOBER 24, 2000
5:13 P.M.
ON THE MATTER OF THE ACQUISITION OF DEVELOPMENT RIGHTS ON A CERTAIN
PARCEL OF HUBBARD, SCTM #074-02-015.
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory A. Yakaboski
SUPERVISOR COCHRAN: We will move to the next hearing.
COUNCILMAN RICHTER: "Notice is hereby given that pursuant to Chapter 59, Open space
Preservation, Chapter 25, Agricultural Land Preservation and/or Chapter 6 (2% Community
Preservation Fund), of the Code of the Town of Southold, the Town Board of the Town of Southold
will hold a public hearing on the 24th day of October 2000, at 5:13 P.M., on the question of the gift of
development rights on certain property from Anne Hubbard to the Town of Southold on the following
described property. The property is located on the northeast comer of C.R. 48 and Mill Road,
Southold, New York. The owner of record and the approximate area of the parcel are as follows:
074-02-015 Anne Hubbard 6.88 acres
The total price would be costs associated with transfer of the titled of land to be gifted.
Further Notice is hereby given that a more detailed description of the above mentioned parcel
of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
Southold, New York, and may be examined by any interested person during business hours. Dated:
October 13, 2000. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town
Clerk." I have notice that it was a legal notice in The Suffolk Times, and was posted on the Town
Clerk's Bulletin Board. I have no correspondence, and I think it is a great gift.
SUPERVISOR COCHRAN: You have heard the reading of the Public Notice in relation to a parcel of
land development rights being gifted to the town. Is there anyone that would like to address the Town
Board in relation to this gift?
DICK RYAN: The subject parcel under consideration is located at the northeast comer of Mill Road
and County Route 48 in the hamlet of Peconic. Mrs. Hubbard has offered to give the Town of Southold
Development Rights Easement, which limits the use of the property to agriculture or open space
purposes. The gift transfer of development rights is to occur before the end of this year. The
Committee moved a recommendation to accept the gift of this development rights easement to
074-02-015 - 10/24/00 2
approximately 6.88 acres of property as is shown on the map before you, for agriculture and open
space purposes. The parcel is identified on the Town's Community Preservation Project Plan adopted
in 1998 as worthy of preservation. The area of the proposed gift easement previously owned by
Franklin Rich is a vacant comer parcel that provides an open space vista to the immediate proximity.
The parcel is zoned Agricultural Conservation. A survey is to be accomplished at town expense
acceptable to the Land Preservation Committee. You are urged to accept the offer of a charitable gift of
development rights to the parcel pursuant to the provisions of Chapter 6 of the Town Code. In doing
so, I ask the Town Board to also give due acknowledgement to the charity and concern for preserving
the open, rural character of the community as evidenced by Mrs. Hubbard's generous gift.
SUPERVISOR COCHRAN: Thank you, Mr. Ryan. Is there anyone who would like to address the
Town Board in relation to this generous gift? (No response.) If not, I will close the hearing.
Southold Town Clerk
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Tills 1S TO CEi;q ll'f TIiAT Tile FOLLO ~VING RESOLUTION WAS ADOPTED AT
THE t4EGtJLAR M£1~2TING OF TI4E SOtJTHOLD TOWN BOARD ON OCTOBER 24,
2000:
WHEREAS the Town Board of the Town of Southold wishes to accept the gift of the
development rights easement from Anne Hubbard, pursuant to the provisions of Chapter 6 of the
Southold Town Code, said property identified by SCTM# 1000-074-02-015, consisting of an area
of appro×imately 6.88 :~cres; therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant t the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. Seq.; be it
further
RESOLVED by the To wn Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of thc Town of Southold that the Short En{qronmental Form
prepared for this pro~ect is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant
impact op. tke cnvircm:.e~ t and declares :~ negative declaration pursuant to SEQRA Rules and
Regulations for this action.
1511"zabcth A. Neville
Southold Town Clerk
October 24, 2900
OCT 3 0
DEPI OF LAND
PR£SERVMION
PROJECT I.D. NUMEER 617.20 SEQR
Appendix C
Stats Environmental Quality Rsvisw
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIOHS Only
=ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
Munlcloallty ~ County ,
4. PRECISE LOCATION (Street address ~nd road Intersections, prominent landm~trks, etc., or provide map~
5. IS ~OewSED ACTION:
[] ~;~panslon [] Mocilflcatlon/a!teratlon
6. DESCRIBE PROJECT BRIEFLY:
8. WI PROPOSED ACTION COMPLY WITH E~IST~NG
Fes [] NO If No, describe bHe~ty ZONIHG OR OTHER EXISTING LAND USE
WHAT IS PRESENT LAND USE IH VICINITY O PROJECT?
Oescrlbe:
10. ODES ACTION INVOLVE A PE.F, MIT APPROVAL OR FUNDING, NOW OR UL~MATELY FROM ANY OTHE.:~ GOVERNMENTAL AGENCY (FEDE,qAL
STATE Off LOCA!.)?j
[] Ya~ .~o if yes, list agancy(~) ~nd permit/approvals
11.
DOES ANY ASPECT OF THE AC'~ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] No I~ yes, ~$t a,~ency name ~i pen'nlt/aoproval
12. AS A RESULT OF PROPOSED ACTION WILL -;EXIS~NG PERMIT/APPROVAL ~SOIJIRE MCCIFiCATION?
[] Yea ~o
CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE ~SST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form betore proceeding with this assessment
OVER
1
PART fi--ENVIRONMENTAL ASSESSMENT ~o be completed by AgeDcy)
A, DOES ACTION ~-XCEEO ANY TYPE I THRESHOLD IN 6 NYCRR, pART 617.4? If ye~,. c,.3or(~in~te ~he review process and use the FULL EAF.
WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR. ~ART 817.87
may be suoerse~ed by anolher involved ~genc,/.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwtitlen, if legiblel
C1, Existing air Q~Jality, st~tace or groundwater cluallly ~ quanIRy, noise levels, existing Iratflc 0aHems, solid waste production or dls[3osa;
potential fcr afosiort, drainage of Iloodlng problems? Explain brielly:
O W:LL THE PROJECT, HAVE AN [MFAf. Tt' ON THE ENVIRONMENTAL CHARACTERISTiCS. THAT CALIt',E~." 3}IE ESTADLJSF[MENT OF A CEA?
E. IS THERE. OR ISr,~F~E LIKELY TO SE, CON~'ROVE~Y RELATED TO POTENTIAL ADVERSE ENVIROH/,1ENTAL tMPACTS?
PART III--DETERMINATION OF SIGNIFiCANCe.. (To be completed by Agency)
iNSTRUCTIONS: For each adverse e~fecr 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 supp(~rttng materials. Ensure that
explanatloes contain suff|cfent detail [o show that all relevant adverse impacts have been identified and adequately addressed. I!
question O of Part fl was chec~ged yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
dlhCUr. Then proceed directly to the FULL EAF and/or prepare a positive dec!aration.
ecl( this box if you have determined based on the informatfon and analysis above and any supporting
cumentation, ~hat the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the rea n~upoorting this determination:
e,? -. /
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TillS IS TO CERq IE¥ THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 24,
2000:
WHEREAS, Anne Imbbard has offered to gift a Development Rights Easement to the Town of
Southold pursuant to Chapter 6 of the Town Code for land preservation; and
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the gift of the Development Rights Easement on the 10th day of October, 2000 pursuant to the
provisions of Chapter ~;, Community Preservation Fund of the town Code of the Town of
Southold, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, the Town Board deems it in the public interest that the Town of Southold accept the
gift of the Development Rights Easement now therefore, be it
RESOLVED that the Town Board of the Town of Southold elects to accept the gift of the
Development Rights Easement on the Anne Hubbard property, located on the northeast comer of
C. R. 48 and Mill Read, Southold, New York, SCTM # 1000-074-02-015, consisting of an area
of approximately 6.88 ::cres, at a total price of the costs associated with transfer of the title of
land to be gifted.
A. Neville
Southold Town Clerk
October 24, 2000
OCT 3 0 2000
DEPI OF LAND
PRESERVATION
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IVolson,'Pope & voorhis, /..LC
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
To:
Town of Southold
Town Attorneys Office
Town Hall. 53095 State Rte 25
P.O. Box 1179
South,hold NY 11971-0959
Attention: Greg Yakaboski
Invoice
Property: 00400 Project:
Hubbard Propery
Manager McGinn, Steven
VA419
Invoice #: 336
Invoice Date: February 28. 2001
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500. O0
Professional Services for the Period: 11/1/00 to 2/28/01
Prepare Phase 1 Environmental Site Assessment
Specified Fee: $1,500.00
Town of Southold, New York - Standard Voucher
PAY TO: Payee Tax Identification Number
i1
*da~: 572ID~ ~l~a~'~ Payee Reference
InvoiceNumher ~g¢ I ~lnvotce Date 2~2¢10I
Purch~e Order Number 0793q .P.O. Dare 3/21/01 ~shD~count % Days
Item Unit
Number Description of Materials / Services Quantity Amount
Price
PreJ>orgPha~ l ESP,. ~ I~oo -
Gift of Developmenl"'Rights
$ClM #1000-7t1-2-15; 59-10-2; 59-t4-8
Totai $1500 -
Payee Certification
.Tl~,e undersigned (C aim~,~A~cting o~ .beha f of the above named caiman I does hereby cert fy hat the forego ng claim is tree and correct
~'' '. arid that ~~ep~ therein stated, and that the balance therein stated is actuaily du~an~l, owlng.
_., t' / '
Department Certification
hereby certify that the match, above specified have been received by me in good condition without substitution, the services properly
performed and that the t~![l~itles thereof hav~.~e heen_ verified with the exceptions or discrepancies noted, and payment is approved
Si§nature Title Tow. Attor.e¥ Dated
i"
PECONIC SURVEYORS, P.C.
P.O. Box 909
1230 TRAVELER STREET
SOUTHOLD, N.Y. 11971
(631) 765-5020 · FAX (631) 765-1797
NOVEMBER 17,
SOUTHOLD TOWN
LAND PRESERVATION COMMITTEE
P.O. BOX 1179
SOUTHOLD, NY 11971
200O
FOR PROFESSIONAL SER~CES RENDEI~ ......
SURVEY OF PROPERTY
AT PECONIC, NY
S.C. TAX #: 1000-74-02-15
FEE: $ 2,100.00
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SUFFOLK COUNTY CLERK
RECORDs OFFICE
RECORDING PAGE
Ty~e of Instrument: DEEDS/DDD
Number of Pages: 12
TRANSFER TAX NUMBER: 00-20422
District:
1000
Deed Amount:
Section: Block:
074.00 02.00
EXAMINED AND CHAR~EDAS FOLLOWS
$o.oo
Recorded: 12/28/2000
At: 11:41:26 AM
LIBER: D00012093
PAaE: 057
Lot:
015. 000
Received the Following Fees For A~ove Instrument
Exempt
Page/Filing $36.00 NO Kandling
COE $5.00 NO EA-CTY
EA-STATE $25.00 NO TP-584
Cert. Copies $0.00 NO RPT
SCTM $0.00 NO Transfer tax
Comm. Pres $0.00 NO
Fees Paid
TRANSFER TAX AK~4BER: 00-20422
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
Exempt
$5.OO NO
$5.00 NO
$5.00 NO
$47.00 NO
$0.00 NO
$128.00
D~ed I Mortgage Tax Stamp
FEES
EA-~ 17 (Cea.y)
F-A4217 (Sta~e)
hub To~al
Sub To(al
GR~N D TOTAL
Real l~ope~y Tax Service Agency Vetificatkn
Dist. Sec, tim B kck
2~00 Dec 28 1i:41:26
Ed~erd P, Rueai~
O-E~< 0F
SL~-Fg.X COUHTV
L I>000L~'393
DT'~ 00-20422
Reconiin§ / Filiug Stamps
Mortgage Amt.
1. Buic Tax
2. Additional Tax
SPS~Y~iL
Spec./A~L
TOT. MTG. TAX
Held for ,~oponionmeat
Community Preservatiox~ Fund
Consideration Amount $
CPF Tax Due $
This pagdonm pan ofll~e attackd
TO
Od. O02
Title Compzly Information
Co. Name (~l.~T{
Title #
& Endorsement
~ h~in~ ~
or~of
made by;
BOXIc~ 5 'IttRU 9 MUb-T BE TYPED OR PRIN i I~J l]q BLACK INK OHLY PRIOR TO RECY)RDI~ OR H~.
(OVER)
DEED OF DEVELOPMENT RgGHT$
THIS INDENTURE, made this ~ ~l~day of December, 2000
BETWEEN ANNE A. HUBBARD, residing at 9 Lcgg~*t Road, Bronxville, N.Y., party
of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at Main Road, Town of Southold, County of Suffolk and State
of New York, party oflhe second part:
WITNESSETIt, thai the parly of the first part. in the consideration of One Dollar
and other good and valuable consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second part, ils
successors and assigns forever, THE DEV'EI,OPMENT RIOtITS, by which is meant the
permanent legal inter~t and right, as authorized by section 247 of the New York State
General Municipal Law, as amended, to permit, require or restrict the use of the premises
exclusively for open space or agricultural production as that term is presently defined in
Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or
restrict the use ofthe premises and any ~ructures thereon for any purpose other t'han as
open space or agricultural production, 1o the property descn~r, ed as follows;
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town
of Southo/d, County o fSuffolk and State of New York, bounded and described as
follows:
~aCllEDULE A - DF.~:RZFTZON
PA~CE~ X~ ~O00.- 074.00 - 02.00 -~
6;G~NZNG at ~a In~on ~ no~y line of HI,die ~ad (C.~ 48) ~ ~e no~e~ line of Hill
RU~N~NG ~ENCE along sal~ no~-~.No~ ~5 d~ ~9 m~nu~ ~ semis W~ 30.~ ~; .
(2) No~ 53 d~ 47 minu~ W~ 508.85 ~t;
(3) Na~ 49 deg~ ~ mln~ 20 ~n~ W~ 1~.~ ~ ~ tam ~w or ~e~ Of ~e
~d~ne
~ENCE along said n~y I1~ ~e ~1~ ~ (2) ~ a~
(1) Sou~w~ on a ~ to ~e leR ha~ a ~dius of 5789.58 fe~ a ~J~n~ of 77,92
(2) Sa~ ~6 d~ Z4 min~ ~ ~n~ W~, 263.05 ~et ~ ~e ~;~ or pla~ of B~ZNNZNG.
Ei.l~: 1o00 -'069,o0 - %o.o0 -
a ~n~ aflu.u~uv, .
a ~Y land n~ or ~aflY ~:Z~ 1~
so~flY s~ae of Ng~ ~d o~ Hid
KUNN~G ~EN~ ~ ~ deg~-~ mln~ 3o m~s ~st along lend now o~ ~Y of Pudge ~-,
821.75 ~ ~ land now or M~edy af DaSd Hudd;
~E~E Sou~ 33 d~gr~ t9 mln~ ~ ~onds W~ along la~ or ~edy ~ ~udd~ 3~3.60 ~ ~ land
now or ~flY of ~ond Jay
so~ side of No~ ~d or MId~
33 ~e ~ 39 mln~ ~0
~ No~ g ar ~ ~NN~G.
~a~ or Nldd~ R~d (C.R, ~) ~ ~e pol~ plato
PAACI~L Tn.: 'f000 - 059.00 -~ 04..00 - 009.003.
ALL ~at certain pl~'c~ pl~c~ or parcel of I~d, ;~a~ M~ a~ ~ iff ~ TG~ o~ ~. ~ Q~
~ ~m ~e w~ srde ~ e ~e If~ ~l~ ~n~ ~a $.~y ~de of Ho~n's ~fle ~d ~e
8~y side of Hi~le ~ad (C~'~)
AUNN]NG ~HEN~ along ~ld ~u~Hy ~lda of Hiddla ~d (C~ ~) ~e ~]lo~g ~o (2) ~u~= and
1, no.~a~Hy along an a~ of a ~e ~a~ng to ~e leR having a ~dlus of 887~D0 fee~ a di~n~ ~
2. North 54 degrees 25 mlnut~ 40 seconds ~ 101.06 fee~}
THENCI~ SOL,th 35 degree~ 34 mlnctL'es 20 seconds ~as~ 300.00 ~ee~ ~o land of George T. G3flway;
TH~CE South 54 degrees 2~ mlnu~es 4o seconds We~ alo~ said land now or formerly of George T. Conway,
200.00 fe~;
THENCE North 43. clegraes 4~ mJnuta~ 40 escond$ West: sUII alo~ said ~and now or formo~/of Ooorg= T.
· Con,my, 307.00 fee~.~o the sa~hea~arly sld!.e~ Middle Road (CP. 48) and t~e I~oint or place of I3~NJ~LNG.
The abovp descrll~ed premises b,~ng also Imawn u L~c No. 2 as ~d~own ~'a cardin Minor subc[K<slon map
made for Pudge Corp. and filed In the africa of the ~OUtheld Town C3e~ on 3uly 19, 1982.
PARCEl. V: lnO0 - 055,00 - 0'1 .GO - 011.002
ALLb'tat certain
~lk~ S~ ~ New Yo~, ~ and d~g~ ~ ~ No. ~ on a ~n map e~, "~p ~ ~wa~
· a~ an~ fl~ In ~e ~ ~ ~ ~e~ o~ ~ ~n~ o~ S~lk on M~ ~ ~9B7 as Map No. 8309, ~ld
Io~ w~n ~ken ~g~er a~ ~und~ and d~ ~ ~:
~NZNG at a p=lnt on
d~slon ~ne ~en ~ 2 and 3 on ~ ~p;
~N~G TH~CE ~ 67 deg~ ~ mln~ ~ ~nds W~ along sa~ no~w~ side o~ M;ddle
~d (C~ ~}, ~3;6G'~. ~ d~ls~on I(ne ~ ~ ~ a~ 2 ~ ~id map;
~ along said d~lslon
~ a~ong said dlv~on Itne~ So~ ~0 d~ 2~ mlnu~ SO ;~n~s ~ 242.6~ ~ ~ ~e
ne~ ~de
PARCEL V: '~000 - 0~5,00 - OZ.O0 - 01~.004
ALL tha'c certain plot, pi~, or parod of land, sit:uatA, lyl~ and beln.q in t.h~ Town of Gout:hold, County of
StlflSlk end State of New York, known and desiollated i~ Lot: No. ~ on a cer~lri map entitled, 'Map of Edward
D. Deft' and filed In the Off~ce of Ule Oegk of tile County of Suffo*lk on May 11, 1987 as Map Ne. 8309, said
lots when taken tegather aPe beunded and desctil~d as fellewi~
BC:GINN~NG a~ a point on the n~fm~-'~rfy side of'Middle Road (C IL 48) at the exlzern~ sou~westedy end of'
the curve whl~n cen~ectz the westerly side of Younga Avenue and tile nod~Nesterly side of Middle Road (C.R.
48);
RUNNING THENCE South 67 degrees 06 mlnute, s ,tO'secon~ Wast along said northwesterly s~e of Middle
Road (C, IL 48), 135,3~ ~eet to the dMdon line between Lots 3 and 4 on said mep;
THENCe along said dlvislen line, North 10 degrees 21 minute SO seconds We,5-t, 215.53 feet;
· THENCE Nod:h 77 degrees :15 mlnu'ms 20 seconds Edit, 231,48 feet to the wes'terry side of Youngs ,avenue;
THENCE South 10 degrees 51 minutes 50 seconda Ease along the westerly side of Youngs Avenue 70.76
THENCE southwesterly along an arc of a curve be~dng to the dght having a r~dlus of 12%00 feet~ a distance
of 172.~4 ~ ta the north~L~dy side of Middle Road (C.R, 48) and the point or pla~e of B~GtNNING,
TOGETI-[ER with the non-exclusive right, if any, of the party of the first part as
to the use for ingress and egress of.any streets and roads abulting the above described
premises to the center lines thereof.
TOGETHER with the appurtenances and all file estate and rights of the party of
the first part in and to said premises, insofar as the rights ,granted hereunder are
concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises herein
granted unto the party of the second part, its successors and assigns, forever;
AND the party ofthe first part covenants that the party or'the first part has not
done or suffered anything whereby the said premises have been encumbered in any way
whatever, except as aforesaid. The party of the first part, as a covenant running with the
land in perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, sucees,sors and assigns of Ibc party of the first part, to use thc
premises on and at~er the date of this instrument solely tbr the purpose of open space or
agricultural production.
AND The party of the lirst part, as a covenant running xvith the land in perpetuity,
further covenants and agrees for the party of the first part, and the heirs, legal
representatives, successors and assigns of the party of the first pail. that the parcels of
real property described herein are open lands actually used in open space or bona fide
agricultura~ production as defined in GML sect/on 247 and shall remain open lands
actually used in open space or bona fide agrictdtural production. This covenant shall run
with the 1'~ in perpetuity.
3
AND the party of the first part, covenants in all aspects to comply with Section 13
of the Lien Law, as same applies with said conveyance.
THE party of'the fa'st part and the party of the second part do hereby convenant
and agree in perpetuity that either of them or their respective heirs, successors, legal
representatives or assigns, shall only use the premises on and after this date as open space
or for the purpose of such agricultural production and the grantor covenar~s and agq'ces
that the underlying ~e title may not be subdivided into plots by the filing ora saMivision
map pursuant to Sections 265, 276 and 277 of the Tova~ Law and Section 335 of/he Real
Property Law, or any of such sections of the Town or Real Property Law or any laws
repladng or ia furtherance of them. The underlying fee may be divided by conveyance or
devise of parts thereof to heirs and next of kin, by gift or will or by operation of law, or to
other persons with written recordable consent of the party of the second part. This
covenant shall run with the land in perpetuity.
Nothing contab~d herein shall prohibit the sale of the underlying t~e or any
portion thereo£
THE word "party" shill be construed as if it reads "parties" whenever the sense of
this indenture so requires.
THE, party or'the fu-st part, the heirs, legal representatives, successors and assigns
of the party of the first part covenants and agrees that it will (~) not generate, store or
dispose ofhazardons substances on the premSscs, nor allow others to do so: ~b) comply
with all of the Environmental Laws; allow party of the second part and its agents
reasonable access to thc premises for purposes o£ascertaining site conditions and for
inspection of the premises for compLiance with this agreement. This covenant shall mn
with the land in perpetuity.
THE party of the first part, her heirs, legal representatives, successors and assi~ms
of the party of the first part covcmants and agrees that she shall indemnify and hold party
of the second part and any of its officers, agents, employees, and, their respective
successors and assigns, harmless from and against any and all damages, claims, losses,
liabilities and expenses, including, without limitation, responsibility for legal, consulting,
engineering and other costs and expenses which may arise out of(l) any inaccuracy or
misrepresentation in any representation or ~varranty made by seller in this agreement: (2)
the brmch or non-perrbrmance of any convcnants required by this agreement to be
perb0m~ed by the party of the first part, either prior to or subsequent to the closing of title
herein; or (.3) any action, suit, clahn, or proceeding seeking money damages, injanctive
rel/ef, remedial action, or other remedy by reason ora violation or non-compliance with
any environmental law; or the disposal, disc'barge or release of solid wastes, pollutants or
hazardous substances; or exposure to any chemical subs 'tances` noises or vibrations to thc
extent they arise from the ownership, operation, and/or condition of the premises prior to
or subsequent to the execution of the deed of Development Rights. This covenant shall
mn with the land in perpetuity.
AS set f~rth in Chapter 6 and Chapter 25 of the Town Code of the Town of
Southold DEVELOPMENT RIGHTS acqu/red by the Town pursuant to the provisions of
these Chapters shall not thereafter be alienat ,cd, except upon the affirmative vote of a
majority of the Town Board a.qer a public hearing and upon the approval of the electors
of the Town voting on a proposition submitted at a special or biennial town election. No
subsequent amendment of the provisions of these Chapters shall alter the limitaliotts
imposed upon the alienation of development rights acquired by the Town prior to any
such arncndment. This cownaant shall nm with the land in perpetuity.
It is further agreed between the grantors and the Town of Southold that, in
addition to the Town of Southold having the right to enforce the covenants and
restrictions contained herein the grantors, her heirs, assigns or legal representatives shall
have the right to entbree the covenants and restrk.'tions contained herein.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Anne A. IlubNtrd
Purchaser:
Town of Southold
Jeall./W. Cochran, Supervisor
STATE OF NEW YORK )
On thc O~ ~ day of December, 2000, before mc personally appeared ANNE A.
HUBBARD, perso,~ally known to me or provided to mc on the basis o£ satisfactory
evidence to be lhe individual whose name is subscribed to the within instnuncnt mid
acknowledged to me that she executed the same in her capacily, and that by her signah~re
on the instrument, the individual, or the person upon behalf of which the individual acted,
excculed the instrmncnt.
Notary Public.} ~
No. 41-5,909,;22
Com~ ,sS~on E~p.e~ March
STATE OF NEW YOi~K ')
COUNTY OF SUFFOLK
)SS:
Oil the 20th day of December, 2000, before mc personally appeared JEAN W.
COCHRAN, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose nanac is subscribed to the :vithin instrument and
aclmowledged to me that she executed the same in her capacity, and that by her signature
on the instnmzcnt, the individual, or the municipal corporation upon behalf of which thc
individual acted, executed the instrument.
Notary Public
MELANIE OORO$1~
NOT~ ~guc, StYe of New Yolt
~o. 01D046348'/0
i~in Suffolk County
P
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COUNTY OF SUFFOLK ~ ~ ~ '~] ~ ~ ~ ~ SOUTHOLD SECTION NO
Re~ Property lox Service Agenc~ ~'
Q
7
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MARKET APPROACH TO VALUE (Continued)
Sale No.:
Location:
Grantor:
Grantee:
Liber/Page:
Dist./Sec./Blk./Lot:
Date of Deed:
Recorded:
Transfer Tax:
Consideration:
Zoning:
Plot Size:
Price Per Acre:
Verified:
Remarks:
2
NAV/C Mill Road & C.R. 48, Southold, New York
Franklin Overton Rich
146 Cove Road
Stonington, Connecticut
Anne A. Hubbard
9 Legget Road
Bronxville, New York
12052/845
1000/74/2/15
June 16, 2000
June 30, 2000
$880.00
$220,000.
A-C Agricultural Conservation
6.88 Acres
$31,977.
Thomas J. Hubbard, attorney for buyer
Vacant land, level and slightly below grade of C.R.
48. Utilities include electric and telephone. The
properties development rights were subsequently
deeded to the Town of Southold on 12-21-00.
-32-
SALES SKETCH
RD.
PHOTOGRAPH
A
E
R
I
A
L
S
S
U
R
V
E
Y
CERTIFIED TO'
TOtYN OF SOUTHOLD
SURVEY OF PROPERTY
A T PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N Y.
1000 - 74 - 02- 15
SCALE: I" = 80'
NOV. 13, 2000
FINAL
SURVEY
L.G.
ANY ALT~ATION OR ADDITION TO SURVEY I$ A ViOLATION
OF SECTION TE09 OF THE NEW YOI~K STATE EDUCATION LAW,
EXCEPT AS PER SECTION 7~09 ' SUS~IVI~ E. ALL ~ERTt~ICA TIOi~
AREA = 8.8888 Act. es
f631) 765
P. O. BOX 909
IE$O Tt~A VELER
$OUTHOLD~ N,Y.
~96/8
C.
' f631) 765 - 1797
STREET
11971
O0 - 316