HomeMy WebLinkAboutHubbard, Anne A (7)1000-55-1-11.2
1000-55-1-11.4
Baseline Documentation
Premises:
44975 & 45375 County Road 48
Southold, New York
1.87 total 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 #:
1000-55-1-11.2 and
1000-55-1-11.4
Premises:
44975 & 45375 CR 48
Hamlet:
Southold
Purchase Price:
$-0- (Gift)
Total Parcels Acreage:
1.87 acres
1000-55-1-11.2 = 0.88 acre
1000-55-1-11.4 = 0.99 acre
Development Rights:
1.87 easement acres
CPF Project Plan:
Yes
Zoned:
LB (Light Business)
Existing Improvements:
In November 2000 -
A 60'x32' framed metal barn
straddles the boundary line
between lots 11.3 & 11.4; water
main running along curve of lot
11.4; broken overgrown asphalt
driveway begins at Lot 11.4 and
continues traveling through lots
11.3, 11.2 & 11.1
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DECKERHUBBRRD@WELDEN ID:212-649-5998 DEC 11'00 16:52 No.O02
Dcccmbcr 1 I, 2000
reverter; I now think n do,-sn i add much and m~ghI cloud lh~ issue
,
' ' ' (2) ~i~ teSp~t to thc thrcc propcflics on w~ch ~crc are su ,ctures, don t '
'~'?~'" ':" ............ (1) T~'~at ~mplct~ly th~ ~nultnnatc paragraph dc~llng w~th the
'" ........... ;" ' ' '": ~O~'~ilik referen~ should be made lo ~is fact in ~ ~cds?
of
Nelson,
"R~fe~ing & V~rhis, fl~c structu~ oD ~
' '; ....... ~mplicat~ sto~ which we should discuss.
Phase I ~
Environmental Site Assessment
Hubbard Property
1.0 SUMMARY
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
property 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, 1000-059-04-8 & 9, 1000-63-01-1.6, 1000-055-01-
11.1 through 11.4.
The Mill 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 parcel consists of 8.0 acres of fallow
field with a partially constructed building in the southwest comer of the property. This building
was apparently intended to be for a motorcycle/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
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Hubbard Properties, Southold
Phase I ESA
inspection of the property surrounding the house revealed three (3) abandoned cars, a 55 gallon
dram and piles of debris. The remaining area of the property is active farmland that has been left
fallow 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 Youngs 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 found no potential sources of environmental
degradation on the subject property. No Federal, State and County documented regulated sites
were noted in the vicinity of the subject property.
In conclusion, this assessment has revealed evidence of the following recognized environmental
conditions in connection with the subject property, ~ubject 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 removed 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 Department 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 Property should be removed
and properly disposed of.
Page 2 of 28
Hubbard Properties, Southold
Phase I ESA
FIGURE 1
LOCATION MAP
-72 24'2~", 41 01'30"
Source: Precision Mapping 1995-1996
Page 8 of 28
FIGURE 3
GROUNDWATER CONTOUR MAP
:i
LITTLE
PECONIC
?234
NORT~
lh~ 19 of 28
OVERVIEW MAP - 0566351.1 r - Nelson, Pope & Voorhis LLC
Target Property
· Sites at elevations higher th&n
or equal to the target property
Sites at elevalions lower than
the target property
J. Coat GasificAtion Sites (if requested)
[] National Priority List Sites
] Landfill Sites
Power transmission lines
:~",~ OiI& GAs pipelines
[] t 00-year flood zone
] 500-year flood zone
Wetlands per National
Wet, ands Inventory
TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
LAT/LONG:
So.hold Prope~ies
Nodh Road
So.hold NY 11971
41.0603/72.4522
CUSTOMER:
CONTACT:
tNQUIRY#:
DATE:
Nelson, Pope & Voorhis LLC
Steven J. McGinn
0566351.1r
November 21,2000 10:46 am
DETAIL MAP-0566351.1r- Nelson, Pope &Voorhis LLC
~' Target Property
· Sites at elevations higher than
or equal to the target property
Sites at elevations lower than
the target property
~ Coal Gasification Sites (if requested)
Receptors
] Priority List Sites
National
] kandfil~ Sites
/~ 500-year flood zone
[] Wetlands per National
]
TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
LAT/LONG:
Southold Properties
North Road
Southold NY 11971
41,0603172,4522
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
,/
M~jor Roads
Water Wells
Publi~ Water Supply Wells
Groundwater Flow Direction
Indetarminate Groundwater Flow at Loca~ien
Groundwater Flow V~ries at Location
Cluster of Multiple Icons
Earthquake epicenter, Richter 5 or greater
Closest Hydrogeological Data
CUSTOMER: Nelson, Pope & Voorhis LLC
CONTACT: Steven J. McGinn
INQUIRY#: 0566351.1r
DATE: November 21, 2000 10:46 am
TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
LAT/LONG:
Southold Properties
North Road
Southold NY 11971
41.0603 / 72.4522
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORaMATION 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 5:07 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 fights on certain parcels of
property fi.om Thomas Hubbard and Anne Hubbard in accordance with Chapter 6 (Community
Preservation Fund) of the Town Code. The properties are located on the Northwest comer of
C. R. 48 and Youngs Avenue, Southold, New York. The owner of record and the approximate
area of each parcel are as follows:
/
55-~-11.1 Thomas Hubbard 0.98 acres,
55-$- 11.2 Anne Hubbard 0.88 acres,
55-$-11.3 Thomas Hubbard 0.79 acres,
55-~-11.4 Anne Hubbard 0.99 acres.
The four (4) parcels total approximately 3.64 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 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 of October 2000,
5:07 p. m., on the question of the gift of development fights on certain parcels of
property fron~ Thomas Hubbard and Anne Hubbard to the Town of Southold on the
following described proper~y:
The properties are located on the Northwest comer of County Road 48 and
Youngs Avenue, Southold, New York. The owner of record and the approximate area of
each parcel are as fpllows:
55-'5-11.1
554-11.2
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55-3-11.3
55-~-11.4
Thomas Hubbard 0.98 acres,
Anne Hubbard 0.88 acres,
Thomas Hubbard 0.79 acres,
Anne Hubbard 0.99 acres.
The four (4) parcels total approx!mately 3.64 acres.
The total price would be costs associated with transfer of title of land to be gifted.
FURTHER NOTICE is hereby given that a more detailed description of the
above mentioned pamel 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
PLEASE PUBLISH ON OCTOBER 19, 2000, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Land Preservation Committee
Department of Land Preservation
Thomas and Anne Hubbard
Town Clerk's Bulletin Board
PUBLIC HEARING
OCTOBER 24, 2000
5:07 P.M.
IN THE MATTER OF THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN
PARCELS OF HUBBARD, SCTM #1000-55-5-11.1, 1000-55-5-11.2, 1000-55-5-11.3, 1000-55-5-
11.4
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: The next hearing is on the matter of development rights on certain parcels
of property owned by the Hubbards.
JUSTICE EVANS: "Notice is hereby given that pursuant to the provisions of 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 heating on the 24th of October, 2000, at 5:07 p.m., on the question of the girl of
development rights on certain parcels of property from Thomas Hubbard and Anne Hubbard to the
Town of Southold on the following described property:
The properties are located on the Northwest comer of County Road 48 and Youngs Avenue,
Southold, New York. The owner of record and the approximate area of each parcel are as follows:
55-'5~-11.1. Thomas Hubbard 0.98 acres
55-'5-11.2 Anne Hubbard 0.88 acres
55-5111.3 Thomas Hubbard 0.79 acres
5575111.4 Anne Hubbard 0.99 acres
The four (4) parcels total approximately 3.64 acres.
The total price would be costs associated with transfer of title 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 an interested person during business hours.
Dated: October 13, 2000.
By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I have proof that
it was published in the Suffolk Times, and that it was posted on the Town Clerk's Bulletin Board.
There is no correspondence.
55-5-11.1 - 10/24/00 2
SUPERVISOR COCHRAN: Thank you. You have heard the reading of the public notice in relation to
the properties on 48. These properties were purchased by Mr. and Mrs. Hubbard, and they are offering
the Town development rights on these properties. We are quite pleased. It is nice to get the gift like
this. It is a wonderful gift, and I would ask if there is anyone that would like to address the Town
Board in relation to these properties. Mr. Chairman?
DICK RYAN: My name is Dick Ryan. I serve as the Chairman of your Town of Southold Land
Preservation Committee. This subject property under consideration is located on the northwest comer
of Youngs Avenue and County Route 48, and I have asked Melissa Spiro to come and point a little bit
on some maps that she had prepared to help visually assist.
SUPERVISOR COCHRAN: Melissa is our Land Preservation Department. We have just opened this
department with one person in it, and she is doing the entire job, and a good one. She and Dick make a
good team, and if you are wondering what Mr. Romanelli just said, he said, Thank you, Vanna. You
may point out the rest, Melissa.
DICK RYAN: This particular parcel is represented as a four lot minor subdivision formerly owned by
Edward Dart. Mr. Hubbard owns two of the lots, and Mrs. Hubbard owns the other two. Mr. and Mrs.
Hubbard have offered to give the Town of Southold a development rights easement, which limits the
use of the property to agricultural or open space purposes. The gift transfer of the development fights
easement is to occur before the end of this year. The committee moved a recommendation to accept the
gift of development rights, as is shown on the map here before for agriculture and open space purposes
pursuant to the provisions of Chapter 6, Community Preservation Fund of the Town Code. The whole
property is identified on the Town's Community Preservation Project Plan adopted in 1998 as worthy
of preservation. The area of the proposed gift is adjacent to Meredith Vineyards to the north of the
parcel over which the Town of Southold holds a development fights easement, and provides an open
space vista in the immediate proximity. There is a storage barn on the parcel that is slated for removal
by the owner. The property is zoned Limited Business. A survey is to be accomplished at Town
expense acceptable to the Land Preservation Committee. The Committee urges the Town Board to
accept the offer of charitable gift of development fights to this 3.64 acre property 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
evidenced by Mr. and Mrs. Hubbard's generous offer. Thank you.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to this gift by the
Hubbards? (No response.) If not, I will close the heating.
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
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD 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 Thomas Hubbard and Anne Hubbard, pursuant to the
provis, ions of Chapter 6 of the Southol, d Town Code, said properties idjentified by SCTM #1000-
055-1J$-011.00l, SCTM}t 1000-055-0~5-011.002, SCTM# 1000-055-0;~-011.003
and SCTM# 1000-055-07-0 11.004, consisting ora total area of appr0ximately 3.64 acres;
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 Town 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 the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant
impact on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
Southold Town Clerk
October 24, 2000
PROJECT I.D. NUMaER
617.20
Appendix C
State Eny(ronrnental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be cornp[eted by Applicant or Project sponsor)
APPL{CAN /SPONSOR (~ 2. PROJECT NAM ~
4. PR~CI~ LOCA~ON (~tree~ ~ddress ~nd road Inters~Bons, pfamlnent ~andmarks, etc~ or provide maO]
SEQR
5. IS PR,~eQSED ACT]ON:
OESCRIBE PROJECT BRIEFLY:
Initially ~ - ~ ~ ~cres Ultimately acres
WHAT IS PRESENT LAND USE IN VICINITY OF ROJECT?
,~Resldentlal ~] Industrial FY/~mmercta, ~dculture ~' Par~FOtesttOpen sOace [] Othaf
[ Oescrlbe: [
tO, DOEB ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHE,q GOVERNMENTAL AGENCY (FEDF-~A/
O ES ANY A~pEcT OF THE AC'flON HAVE A CURRENTLY VAMO PERMIT OR APPROVAL?
[] Yes ~0
I CERT[FY THAT THE INFORMATtON PROVIOED ABOVE IS TRUE TO THE 5EST OF MY KNOWLEDGE
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
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PART II--ENV]RONNIENTAL ASSESSMENT (To be completed by Agency)
A, OOES ACTION ~"-XCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 61747 I! yes. coordina(e [he revrew process and use the FULL EAF.
8. WILL ACTION I~ECEIV~ COOROINATEO REVIEW AS PROVrDED FOR UNLISTED ACTIONS IN 6 N¥CRA. PART 617.~? It NO. a negative decla¢.~,
C. COULD ACTI(~ RE-S~: I-~-~-AN~R~ECT$ ASSOCIATED WITH THE =OLLOWING: (Answers may be handwrillen, il legible)
O. WILL THE PROJECT HAVE AN IMPACT ON THE ¢.NVIRONMENTAL CHARACTERISTIO~.THAT CAUSED THE ESTA~]USHMENT OF A CEA?
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect dentified above, determine whether it is substantial, let§e, important or otherwise significant.
'E3ch effect should be assessed in conn.=orlon with its (al setting (i.e. urban or rural); (bi ~rcbability of occurring; (c) duration; (d)
irreversibilit~ (e) geograDhic sonde; ~nd (fi magnitude. If necessaP/, add attachments or reference supl3~rting materials. Ensure that
explanations contain sufficient derail ~o show that ail relevant advurse imDacts have oeer~ i~.entifled end adequately addressed. I~
question O of Part II was checked ygs, the determination and significance must evaluate ihe D~tentl~l imoact of the DroDosed action
on the environmenta~ characteristic~ ot the CEA.
--" ~-'~ec'k this b,3x if you have identified one or more pctenttally large or $igRific~nn~; adverse impacts which MAY
/~o. ccur. Then ltrocee~ directly to tl~e FULL FAF and/or probate a positive decJ~ration.
Check this box if you have determined based on the information and aha vss above and any suoport ng
documenter on. that the proposed action WILL NOT result in any significant '.~dverse environmental impacts
AND provide on attachments as necessary, ~he reaso. J~s_s~J. goorting this de~r.~rmination:
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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
THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 24,
2000:
WHEREAS, Thomas Hubbard and Anne Hubbard have 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 ! 0th day of October,
2000 pursuant to the provisions of Chapter 6, 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 Toxvn 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 Thomas Hubbard and Anne Hubbard properties, - located
on the. tnorthwest comer of C.R. 48 ant[ Young's Avenue, Southold, NeW York, SCTM # 1000-
055-05-011.001, SCTM # 1000-055-0~-011.002, SCTM # 1000-055-0~-011.003 and
SCTM # 1000-055-0~-011.004, consisting of a total area of approximately 3.64 acres, at a total
price of the costs associated with transfer of the title of land to be gifted.
ElC~abeth A. Neville
Southold Town Clerk
October 24, 2000
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Nelson,'t ope & Voorhis, L./-C
572 Walt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
To:
Town of Southold
Tovm Attorneys Office
Town Hall, 53095 State Rte 25
P.O. Box 1179
Southhotd NY 11971-0959
Attention: Greg Yakaboski
Invoice
Property: 00400 Project:
Hubbard Propery
Manager McGinn, Steven
VA419
Invoice #: 336
Invoice Date: February 28, 2001
MAKE CItECKS PAYABLE TO NELSON POPE &VOORItIS Invoice Amount $1,500.
00
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:
lnvolc~Number ~ ' ~nvo,c, ua,~212¢loI
Purch~e Order Number 0793~ P.O. Date 3/21
Payee Tax Identification Number
Payee Reference
Phone.o.&'¢l / 4Z-/-56,~05
Vendor Contact
Cash Discount %_ Days
Item Unit
Number Description of Materials / Services Quantity Pdce Amount
Gift of Developmen~Rights
SCTM ~I000-7q-2-15; 59-10-2; 59-0-8;
59-4-9; 63-1-1.6; 55-1-11.1;
To,a, $1500 -
Payee Certification
The undersigned (Claimal~YlAct ng o~,beha f of he above named caiman ) does hereby cert fy a he forego ng c a m s me and correc
}: ~ andthatn~a(~.ex~te~La~t~ereinstated.andthattbeba~ancethereinstatedisactua~y~"e.and.~wing.
Signature~/,~"-'".~'~, Title />/~"~7 Dated .~///~/
/ ' ' t'/ '
: Department Certification
I hereby certify that the mam~...bove specified have been received by me in good condition without substitution, the services properly
, performed and that th~~been vedfied with the exceptions or discrepancies noted, and payment is approved
PECONIC SURVEYORS, P.C.
P.O. Box 909
1230 TRAVELER STREET
SOUTHOLD, N.Y. 11971
(631) 765-5020 · Fax (631) 765-1797
NOVEMBER 7,
SOUTHOLD TOWN LPC
P.O. BOX 1179
SOUTHOLD, NY 11971
20OO
JOB ~: 98-134(A)
FOR pROFEsSIONAL SERVICES RENDERED: -- --
SURVEY OF PROPERTY
AT SOUTHOLD, NY
S.C. TAX #:
1000-55-01-11.1, 11.2,
11.3 & 11.4
FEE: $ 1,500.00
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SUFFOLK COIINTY CLERK
RECORDs OFFICE
RECORDING PAGE
Ty~e of Instrument: DEEDS/DDD
Number of Pages: 12
TRANSFER TAX AUJMBER: 00-20422
District:
1000
Deed A~ount:
Section: Block:
076.00 02,00
EXAMINED AND CHAR~ED AS FOLLOWS
$o.0o
Received the Following Fees For~Joove Instrument
Exempt
Page/Filing $36,00 NO Handling
COE $5,00 NO EA-CTy
EA-STATE $25,00 NO TP-584
Cert,Copies. $0,00 NO RFT
SCTM $0,00 NO Transfer tax
Co~n,Pres $0,00 NO
Fees Paid
TRANSFER TAX 19~IMBER: 00-20422
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk,
Recorded: 12/28/2000
At= 11~41~26 AM
LIBER: D00012093
PAGE: 057
Lot:
015,000
Exempt
$5,00 NO
$5,00 NO
$5,00 NO
$47.00 NO
$0,00 NO
$128,00
Suffolk County
TORRENS
Seris #.
Cc~itic,te g,
TP-584
Comr~ o£Ed.
__ Sub Total
Sub Total
Recording / Filing Stamps
Motlgago Amt.
I. Basic T~x
2. Additional Tax
Sub Total
Spec.lAsait.
Or
Spgc./Add.
TOT. M'fO. TAX
Dual Town Dual County .-
Held ~or Appo~ionme~nt
Transfer Tax
The propelty covered by this morlgage is or
wi]~ be improved by a one or two family
d~lling only.
Y£S or NO
If IqO, s~e ~oproprlate tax clause on page #
offish ins~'umm'L
{OVER)
Title Company Information
Co. Name (~..L,TI L
~ S~folk Co~ty Recor~ng & Endorsment Page
~s~f~of~att~ ~C~ ~ ~_ ~X ~A [O madeby:
10 In ~ To~p of
or ~ET of
BO~ 51'~U 9 ~ BE 1~ OR ~ t ~ ~ B~ ~K ~Y P~OR TO ~ OR
GRAND TOTAL
~-[ .. Real Prop~'Tax.%'rvi~Ag~ncyV~rification ,,, [ .6 Comlnunity Preservation Fund .
~" '~'~: [ Dist. ~ S~ction ~ B lock [ Lot ~ Consideration Amount
[,'~: I ,, I I Io, ,
I
7
I ' 'oo II I
'~' I t~oo 1o5~,~~ I ol. oo Io..oo~
71 ~tis~lio~i~ha~eleases Li~ Pm~y ~m Mailing Addms, TD
_DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this "]xl ~l"day of December, 2000
BETWEEN ANNE A. HUBBARD, residing at 9 Leggct Road, Bronxville, N.Y., party
of the first part,
AND the TOWN OF SOUTHOLD, a mtmicipal corporation having its office and
principal place of busioess at Main Road, Town of Southold, County of Suffolk and State
of New York, panty of the second part:
W/TNESSETIt, thai the parD' 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, its
successors and assigns f~brever, THE DEVEI,OPMENT RIOHTS, by which is meant the
permanent legal interest 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 oftha Town of Southold, and the right to prohibit or
restrict the use of the premises md any amcture~ thereon for any purpose other t 'l,.an as
open space or agricultural production, to the property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town
of Southold, County of Suffolk and Slate of New York, bounded and described as
follows:
· C~EDULE & - DF.~:R~ZON
PARCEl. ][z :LO00.- 074.00 - O"J' O0 -~ 015,000.
AU. that Cel't~n
BEG~N:NG at ~e Info,on ~ no~w~y ((ne of Middle ~a~ (C.~ 48) ~ ~e no~e~ line of Hill
RUNN[NG ~ENCE alo~ sal~ no~-~'.No~ 85 d~ 19 mlnu~ ~ se~nds W~ 30.~ ~; .
~EN~ along ~e no~y line of ~d H~Jl ~ ~ ~[Iowlng ~ (3) ~u~es and d~nc~:
(2}
(3)
~d~ne Swle~u~wl~;
(~) S~w~ on a ~e ~ ~e leR ha~ a ~ius of S789.58 fe~ a ~i~n~ of ~,g2 f~t~
(2) So~ 56 d~ 14 mJn~ ~ ~n~ W~ ~3,0~ Me: ~ ~ ~i~ or pla~ of B~ZNNZNG.
~1~ and ~ ~ N~ Yo~ ~ ~1~ ~. ,
S0~Y side of NO~
KUNN~G ~EN~ ~ ~ deg~ ~_m~n~ K~s ~st along land now o~ ~Y of pudge ~-,
82~.7~ fe~ ~ land now or ~eny ar Da~d Nuaa,
~ENCE Sou~ 33 degr~ ~9 m[n~ ~ ~on~s W~ along la~ or ~eHy o~ Kudd, 373.60 f~t ~ land
now or ~e~y of ~on~
SO~K~ side O[No~ ~d or Htd~e ~ad (C.~ ~)~
~ad or Middle R~d (C,R, 48) ~ ~e pol~ or pla~ ~ BE~NNZNG.
PARCEL 13:Z: XOOG - 059.00 ~ 04.00 - 009,G01
~ ~m ~e w~ sfde ~ a ~e H~ ~l~ ~n~ ~a sa~y ~de of Horn's ~fle ~d ~a
~UNNINO THEN~ along ~1~ ~u~fly side o~ Middle ~d (~ ~) ~e ~]lo~g ~o (2) ~u~ an~
1. no~e~y aJong an a~ of a ~e ~aflng to ~e le~ having a radius o~ 887~00 ~et, a d;~n~ ~
2. North 54 degrees 25 mlnut~ 40 seconds ~ 101.06 feet;
THENCE SoU~ 35 degree~ 34 mln~:es 20 ~econd$ ~s~ 300.00 6eel: ~ la~ld of George T. Conway;
THENCE South 54 degrees 25 minutes 40 seconds Web-t along sold land now or formerly of George T. Conway,
200.00 feet;
THENCE North 41 ~egree~ 48 minutes 40 seooml$ west ~11 aW~ ~ld ~nd ~w or ~ of ~me T.
made ~r ~dge ~. and filed In ~e ~m of ~e ~o]d Town O~ on 3uly ~9, ~982.
PARCEL V; 3.000 - I)55,00 - 01.00 - 0.1.1.,0G2
AU. that cerl:aln pfol~ piece, or parcel of kind, ~ituata, lyl~ anc[ being ~'n the Town of Southeld, Co unLy of
Suffolk and $~ ~ New York, Imown and daslgl~md as L~ No, ,2 on a certain map errand, "Nap of ~ward
D. Dart" and flied In the Of ilea of' the (3ark of the O3dn~:y of Suffolk on ~,lay 11, $9B7 as Hap NO, 8309, said
log when tel<eh ~ogc~er are bounded and desc~ba~ as follows:
BEG1NI~NG et a point on the northwesterly side of Hlddie Road (C,R. 46) where r~me is.lnt~mected by the
dMelon fine beb~een Lob; 2 end 3 on said map;
RUNN]:NG THENCE Sout~ 67 degrees 06 ntlnUbes 40 r~ec~3nds We~ along said northwesterly side of Middle
Pa3ad (C.A. ~6), Z$3;6G'~' the divL;Ion line between LM3 1 and Z on said map;
THENCE elong ssid division line, North 10 degrees 3.1 minute 50 sacnnds West, :~69.70
'~IENCE'North 77 de4irece 1.$ minuS:sa 20 seconds East, ~i0.13 t'ed: ~o the dMslen
~,~;. above mentioned;
THENC~ along said division I(ne,. South :[0 degrees 21 minute~ 5'0 gee=nde ~ 242.61 rage to
norlf~ves~erly side QF Nlddla P, oad (C,R. 48) and t~e point er place of BEG/NN~NG,
PAP~C~L, !(: &OO0 - OSG,QO - O'l.OO -. 013.004
ALI. tt~t cerl~ln plot, p~ece, ~r I~lr~l o~ ~, ~a~ ~ ~nd ~ng In ~e To~ ~f ~1~, ~u~ o~
~N~NG at a ~lnt on ~ n~dy ~de of ~d~e ~d (C~ ~) ~ ~e ~ ~w~y end o~
· e ~ whl~ ~n~ ~ w~ side ~Youngs Av~u~ ~ ~e no~ side ~ Middle ~d (C.~
Road (C.~ ~), Z35.~ ~t ~ ~e dM~on line be~n ~ 3 a~ 4 on ~ld map;
~ENCE along sal~ d~slen line, NO~ ~0 d~ 2~ mln~ SO ~nds W~, 2~S.~ ~
· THENCE North 77 degrees ~ minutes 20 secends Ea~, 23~.,40 feet: to the westerly side of ¥oungs Avenue;
THENCE South 20 degrees -;1 minutes .qO seconds East along the westerly side of Youngs Avenue 70.76 ~e:;
THENCE southwest~rty along an arc of a curve bearing to the dght having · radius of 1.27.0Q feet~ a distance
of t72.84 ~=t to the nortttwesterty =ide of Hlddle Road (C.R. 48) and the poInt or place ef BEGINNING.
TOGETHER with the non-excinsive right, if any, of the party of the first part as
to the use for ingres.q and egress of any streets and roads abutting the above described
premises to the center lines thereof.
TOGETH]ER with the appurtenances and all the 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 fast part covenants that the party of the first part ha.~ not
done or suffered anything whereby the said premises have been ancumbered 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 repzesentatives, succes.sors and assigns of the party of the first part, to use the
premises on and atter the date of this instrument solely tbr the purpose of open space or
agricultural production.
AND The party of the tirst part, as a covenant rm~ning with the land in perpetuity,
further covenants and agrees for the party of the first part, and the heirs, legal
representatives, succesmrs and assigns of the party of thc first part. Ih. at the parcels of
real property described herein are open lands actually used in open space or bona fide
agricultural production as defined in GML section 247 and shall remain open lands
actually used in open space or bona fide agrictfltuml production. This covenant shall run
with the land in perpetuity.
AND the part)' 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 ol'the fa-st part and the party of the seeoml part do hexeby convenant
and agree in perpetuity that either of them or their respective heirs, sa~ccessors, legal
represematives 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 covenants and agrees
that the underlying l~e title may not be subdivided into plots by the filing ora subdivision
map pur~mant to Sections 265, 276 and 277 of the Tova~ Law and Section 335 of the Real
Property Law, or any of soch sections of the Town or Real Property Law or any laws
replacin4g or in 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 contained herein shall prohibit the sale of the underlying t~e or any
portion thertx) f.
THE word "party" shall be construed as if it reads "parties" whenever the sense of
this indenture so requires.
THE party of the fa'st part, the heirs, legal representatives, successors and assigns
of the party of the first part covenants and agrees that it will (o~) not generate, store or
dispose of hazardous substances on the premise,s, 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 the premises for purposes of ascertaining site conditions and for
4
inspection of the premises for compliance with this agreement. This covenant shall mn
with the land in perpetuity.
THE patty of the first part, her heirs, legal representatives, successors and assigns
of the party of the first part covenants and agrees that she shall indemnify and held pray
of the second part and any of its officers, agents, ~.nnployces, and, their respective
successors and assigns, harmless from and against any and all damages, claims, loses,
liabilities and expenses, including, without limitation, responsibility for legal, consulting,
engineering and other costs and expenses which may arise out of(1) any inaccuracy or
misrepresentation in any representation or warranty made by seller in this atrccement: (2)
the bn.'ach or non-pertbrmance of any convcnants required by this agreement to be
perforated by the party of the first part, either prior to or subsequenl to the closing of title
herein; or (3) any action, suit, elahn, or proceeding seeking money damages: injuuctive
relief, remedial action, or other remedy by reason o fa violation or non-compliance with
any environmental law; or the disposal, discharge or release of'solid wastes, pollutants or
hazardous substances; or exposure to any chemical subs 'tances` noises or vibrations to the
extent they arise from the ownership, operation, and/or condition of the premises prior to
or subsequem to the execution or'the deed of Development Rights. This covenant shall
mn with the land in perpetuity.
AS set Oorth in Chapter 6 and Chapter 25 of the Town Code of the Town of
Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
these Chapters shall not thereafter be alienated, except upon the affirmative vote ora
majorily of the Town Board after a public hearing and upon the approval of the electors
of the Toxvn voting on a proposition submitted at a special or bienniai town election. No
5
subsequent amendment oflhe provisions of these Chapters shall alter the limitations
imposed upon the alienation ofdeveIopment rights acquired by the Town prior to any
such amendment. This covanant 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 enforce the covenants and restrictions 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. IIubhard
Purchaser:
Town of Southold
J'ea~. ¢ochran, Supe~-~-~r
6
STATE OF NrEW YORK )
O NT¥O,, ,ss:
On th~ ~ ~ day of D~cmher 2000, before me pe~onally append ANNE A.
H~BARD, persmmlly kmown to me or p~vided to me on the basis of safisfaeto~
evidence to be tho individual whose name is subscribed to thc wifl~in ~ns~llcnt and
acknowledged to me that she ex~uted the same in her capacily, and that by her sJgnamre
on the imtmment, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
Notary Publlc~
MARGARET JANICEK
Notary Public Stave of New York
No. 4! -5009422
STATE OF IxTEW YOI~K )
COUNTY OF SUFFOLK )
)SS:
Ou the 20th day o1' Dcccmber, 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 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 municipal corporation upon behalf of wbich thc
individual acted, executed the instrumem.
Notary Public .-J'
MELANIE OOROSIO
NOTI~qY PUBUO, 8ta~ of N~v Y~
~. 01D04~4870
Ou~ In Suffolk Coun~
P
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COUNTY O[ SUFFOLK e ~ ~ ~,~, 055
Service ~gency
'~":I Pile I.hew Toolbat Help
55 -1-11.2 473889 Southold Active ' R/S:1 School: Sou[hold School
Hubbard. Anne A ~ol Yea'. 12O0g Cu. Yr Land [ ghts Land AV'. 100
44975 CR 48 ' Laed Size: 0_88 acre~ TotalAV: 100
O~ne; ' Total' I Ta~eb e Value
Name:' AnneAHuhba~d ' Coun~: !90 Book: 12044
~H~ ~H~. Muni: 100 Page' 609
PO Box: ' g: Bank:
~' " - .... ~ Zi- 10708 Sch a~er ~ar' 1OO Acc No 08
Bale Total: 1 Site 1 of 1 ~ Land O et 0
Book Page Sale Bate SalePrioe Owner PCpcs Land dght~
12044 609 05/11/00 75.000 Hubbard. Anne ¢ Nbhd Cd: 0
UElities: '
E~emption Total: 8 Te~m Own Building t Total: 0
FO02 Southo d FD ~OO .0O . O0 . .~,.: ,
P~70~Southo!dPm~ BO .00 .00 ~ , :.~
'~:~. Fde ¥~ev, foolba~
55=1-11.4~ 473889 Southold Active R/S:1 School: Southold School
Hubbard Anne A Re Yea ~ Cun¥~ Landrghts Lar,dAV: 100
45375 ER 48 Land Size: 0.99 acres ' . TotalAV: 100
Owne[ Tota 1 Taxable Value ~iscellaneou~
Na~e AnneA Hubbard ~OLAt~; 100 Book: 12044 '
Add Ad~ Muni: 100 Page' G07
St ee 9 Eeggel Rd ' School: !00 M~rt~:
PO Box: Village: 0 , Bank:
~i~;, Bron~ville. NY Zip; ~ 0708- Scbl a~er ~r: ~ O0 Acct No: 08
Sale Total: 1 Site I of 1 *_ Land O of 0
Book Page SaJeDate SaIePrice Owner Prpcls: Land
~ater:
Utilities: :
Eiempli¢. Total O ~e m Own Buildi.~ ;: To(al: O
C&Be 'Amobnt "(ear Pc~
~de Un ~ Pc T~,pe MoveTax T~pe Name : ¢ D~mt D~m2 SOFT ~[Bul
FD028 SoulboldFD OB 00 ~ O0
A
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SURVEY OF PROPERTY , v~Y^~s - E^s
A T SOUTHOLO --. o~ ~~~ ~ -
TOWN OF SOUTHOLD
SUFFOLK COUNT~ N ~ ~/o~ ~ ~ ~
1000 - ~5 - 01- 1~ 1~2, 17, ~ 1~4 TO~N ~ S~]~ ~' ~
~V. 16, 2000 (revisions) / , RIGHTS
'~. // ~ so~
' OF CHAPTER ~, LOT
~,TO
LOT ~
pRoPOSED
ANY ALTERATION OR ADDITION TO SURVEY IS A VIOLATION ~
OF' SECTION 7;~09 OF' T~ ~W YORK STATE ED~ATI~ LAW.
EXCEPT AS P~ SECTI~ 7~09 - SU~VI~ON ~. ALL CERT~ICA TIONS
~ A~ VAL~ F~ T~S MAP A~ CO~S T~RE~ ~ Y IF
~ ~P ~ C~S ~AR T~ ~S~ SEAL ~ T~ S~VEYOR
~ ~ TU~ AP~ARS ~.
LOT
ADDITIONALLY TO COMPLY I¢ITH SA~) LAY/ THE TERM 'AL TERED ~Y'
MIST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY
OF' ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND
'BROI. R;HT - TO - DATE' ARE NOT IN COMPLIANCE F/iTH THE LAW.
TRANSFER
puRSUANT
LOT ~
POLE
.97-'
CERTIFIED TO'
TOWN OF SOUTHOLD
NOTE~
LOT NUMBERS ARE ~EFERENCED TO
· MINOR SUBDIWSION ON PROPERTY OF EDWARD D. DART
FILED IN THE SUFFOLK COUNTY CLERKS OFFICE
ON MAY II, 1987 AS MAP NO. 8309
AREA = 158,319 sq ft. or 3. 634 acres
FINAL
SURVEy
~ N.Y.S. LIC. NO. 49618'~
~~ 50~0 FAX (651) 765 - 1797
909 j -
I ~G-=.~RA VELEB STREET
~ 98 - 134 A