HomeMy WebLinkAboutHubbard, Thomas J (4)1000-55-1-11.1
1000-55-1-11.3
Baseline Documentation
Premises:
44805 & 45025 County Road 48
Southold, New York
1.77 total acres
Development Rights Easement
THOMAS J. HUBBARD
to
TOWN OF SOUTHOLD
Easement dated December 21, 2000
Recorded December 28, 2000
Suffolk County Clerk - Liber D00012093, Page 056
SCTM #:
1000-55-1-11.1 and
1000-55-1-11.3
Premises:
44805 & 45025 CR 48
Hamlet:
Southold
Purchase Price:
$-0- (Gift)
Total Parcels Acreage:
1.77 acres
1000-55-1-11.1 = 0.98 acre
1000-55-1-11.3 = 0.79 acre
Development Rights:
1.77 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; concrete
cover, pole and overhead wires;
broken overgrown asphalt
driveway begins at Lot 11.4 and
continues traveling through lots
11.3, 11.2 & 11.1
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DECKERHUBBARD@WELDEN ID:212-649-5998 DEC 11'00 16:52 No.O02 P.O1
December I 1,2000
~'~'~'"'" ~ .......... "" ........ ' '1'~e'these ~er suggestions Ibr thc form
~ ....." ~mplicat~ sto~ which we should discuss.
(1) Tiil~i~;out completoly the ponul6mat¢ paragraph dealingwiththe
. revOttei'; I now ~ink il doesn't add much mid migh! cloud tho issue ·
.'..' ,. ..
'"' ~2) ~i~'~sp~t u, the th~ p~opcr~ies on w~ch there are structures, don't
~6~'~illk referen~ should be made to fl~is f~t in ~e ~ds?
:' R~fe~ing to repm~ of Nelson, Pop~ & Voorhis, flae s~uctu~s on ~
.... So-~l~'Middlo Road Propeny atxd thc Youngs Avenue Property are in
'rhomas J: Ilublt~x~
Phase I :
Environmental Site Assessment
Hubbard Property
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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.
this residence was not completed due to the presence of an uncooperative tenant.
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
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
drum 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, 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 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 ~o 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 Southold
Properties,
Phase I ESA
FIGURE 1
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LOCATION MAP
-72 28'56" 41 05'42" I
-72 24'24", 41 01'30"
Source: Precision Mapping 1995-1996
Page 8 of 28
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FIGURE 3
GROUNDWATER CONTOUR MAP
LITTLE
PECONIC
Page 19 of 28
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OVERVIEW MAP - 0566351.1 r - Nelson, Pope & Voorhis LLC
Target Property
] ~ Sdes at elevations higher than
or equal to the target p¢operty
Sites at elevations lower than
the target property
~, Coal Gasification Sites (if requested)
~ National Priority List Sites
] Landfill Sites
-!'¢ Oil & Gas pipelines
[] Wetlands per National
TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
LAT/LONG:
So.hold Prope~ies
Nodh Road
So.hold 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
DETAIL MAP- 0566351.1r- Nelson, Pope &Voorhis LLC
~ Target Property
· - Sites at ele~,ations higher than
or equal to [he target property
~' Sites at elevations lower than
the target property
~. Coal Gasification Sites(if requested)
Sensitive Receptors
] National PriorityListSites
] Landfill Sites
TARGET PROP ERTY:
ADDRESS:
CITY/STATE/TIP:
LAT/LONG:
?¢: Oil & Gas pipelines
] tOO-year flood zone
~ 500-year flood zone
[] Wetlands per National
Southold Properties
North Road
Southold 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
PHYSICAL SETTING SOURCE MAP - 0566351 .lr
Majar Ro~ds
Contour Lines
Water Wells
Public Water Supply Wells
Groundwater Flow Direction
Indeterminate Groundwater Flow at Location
Groundwater Flow Varies at Location
Cluster of Multiple icons
Richter $ or greater
Earthquake
Closest Hydrogeological Data
TARGET PROPERTY:
ADDRESS:
CITY/STATE/ZIP:
tAT/LONG:
Southold Properties
North Road
Southold NY 11971
41.0603 / 72.4522
CUSTOMER:
CONTACT:
INQUIRY#:
DATE:
Nelson, Pope & Voorhis LLC
Steven J. McGinn
0566351.1r
November 21, 2000 1'0:46 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
Southotd, 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 To~vn Hall, 53095 Main Road, Southold, New York, as the time and
place for a public hearing on the question of the gift of development rights 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 folloxvs:
55-~5-11.1 Thomas Hubbard 0.98 acres,
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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 rights on certain parcels of
property fron~ 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-~-11.1
55-S-11.2
55-t-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 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
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 Cmnmittee
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 heating 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 hearing on the 24th of October, 2000, at 5:07 p.m., on the question of the gift 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 Young~ 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.
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 aghcultural or open space purposes. The gift transfer of the development rights
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 rights 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 rights to this 3.64 acre property pursuant to the
provisions of Chapter 6 of the To~m Code. In doing so I ask the Town Board to also give due
acknowledgement to the charity and concem for preserving the open, mral 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 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
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
provisions of Chapter 6 of the Southold Town Code, said properties i~entified by SCTM #1000-
055-0~-011.001, SCTM~ 1000-055-(J~-011.002, SCTM# 1000-055-0~i-011.003
and SCTM# 1000-055-05-0 11.004, consisting ora total area of approXimately 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.
A.' ~e-iiile
Southold Town Clerk
October 24, 2000
14-16-4 (9/95)--Text 72
SEQR
PROJECT I.D. NUMBER I 617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by ApplicAnt or Project sponsor)
APPLICAN /SPONSOR ' 2, pROJECT NAM .
4. PR~ISE LOCATION (Stree~ address and road Inters~Bons, p~0mlnent landmarks, ~tc. or provide ma~) . ---- ~
I5. IS ~SEO ACTION:
,~C3'New ~ F.~p,,,~;;,;n [] Modltlcatlon/a!t eratton
6 DESCRIBE PROJE~ BRIEFLY' ~ ~ ~ ~ ~
rfllllallv ~ · ~ L~ acres Ultlme~tel¥
I cERTiFY THAT THE [NFORMA13ON PROVIBED ABOVE I$ TRUE TO THE ~EST OF MY KNOWL~-DGE
Y
I! 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--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. OOES ACTION EXCESD ANY TYPE I THRESHOLD N 6 NYCRR PART 817.47 If yes. coordinate the re¥iew Process and use the FULL EAP.
S. WILL ACTION I~ECEIVE COOROINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.57 It NO, a negalive declare,
C, COULO ACTI~ RE$~ l~ ANY ADVERSE EFFECTS ASSOCIATED WITH THE ~OLLOWING; (Answers may be handwriUen, ii legible)
WILL THE PROJECT HAVE AN IMPACT
~"'~-~o ON THE ENVIRONMENTAL CHARACTERISTICS.THAT CAUSED THE ESTABI. JSHMENT OF A CEA?
Yes
PART Ill--DEl ERMINATI(}N OF SIGNIFICANCE (To be completed by Agency)
.INSTRUCTIONS: For each adverse effect identified above, determine whether it is .~ubstantial, ~ar§e, important or otherwise signittcant.
Each etfect should ~e assessed in connection with its (a) setting (La. urban or rural); (bi probability of occurring; (c) duration; (d)
irreversibt~ity; (e) geographic scope; and (f) magnitude. If necessa~, add attachments or reference supporting materials. Ensure that
question O of P~rt II was checked yes, the determlnatJon and significance must evaluate ~he p~,'ential impact of the proposed action
on the environmenta~ characteristic~ pt the CEA.
[] Check this b'-~x if you have identified one or more pctenttally argo or $igoific~p~ adverse impacts which MAY
o, ccur. Then procee,d, directly to the FULL FAF and/or prepare a positive declaration.
Check this box if you have determined based on the information and aRalysis above and any sucporting
documental on, that the proposed action WiLL NOT result in any signii'icant ,~dverse environmental impacts
AND provide on att~achments as necessary, the reasoJ:tS..SlJ. Poorting thi~ de{armlnatiom
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFOBAVLATION 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
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 10th 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 To~vn 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,northwest comer of C.R. 48 and, Young's Avenue, Southold, New York, SCTM it 1000-
055-05-011.001, SC3~M # 1000-055-0'5-011.002, SCTM it 1000-055-0~-011.003 and
SCTM # 1000-055-0~-011.004, consisting ora 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.
Southold Town Clerk
October 24, 2000
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N~[son, ~'ope & voorhis, LL G
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
Southhold NY 11971-0959
Attention: Greg Yakaboski
Invoice
Property: 00400 Project:
Hubbard Propery
Manager McGinn, Steven
VA419
Invoice #: 336
Invoice Date: February 28, 2001
Invoice
Amount
O0
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS
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 lax Identification Number
Addr~s: 572 tb~ ~l~a~ fid Payee Reference
Purchase Order Number 0793~ P.O. Date 3/21/01 CashDiscoum % Days
Item Unit
Number Description of Materials / Services Quantity Price Amount
Pre00r~ Ohoss i FSA ~ i~oo -
Word erop r
Gift of Developmen~Rights
SCTM ~1000-74-2-15; 59-10-2; 59-4-8,
59-4-9~ 63-1-1.6~ 55-1-11.1;
55-1-11.2; 55-1-11.3; 55-1-11.4
,o,~, $1500 -
,: ~, ~ 1500 '
~ ' Payee Certification
The undersigned (Claimal~lActing o~beha f of he above named claimant) does hereby cert fy ha he forego ng c aim s trae and correc
~} and that ~See~)~), e~x~ept/~ therein stated, and that the balance therein stated is actually duj~ an~l. owing.
.Signature~ ,~'"'~_~.¢ Title .-~ Dated .-~'/t/V/
;/ - ! / '
:: Department Certification
I hereby certify that the mate,~,..bove specified have been received by me in good condition without substitution, the services properly
, performed and that the~er~been verified with the exceptions or discrepancies noted, and payment is approved
Signature //~'------'~"/~ Title Town Attorney Dated~/ {I /01
PECONIC SURVEYORS, P.C.
P.O. Boxg09
1230 TRAVELER STREET
SOUTHOLD, N.Y. 11971
(631) 765-5020 * FAx (631) 765-1797
NOVEMBER 7, 2000
SOUTHOLD TOWN LPC
P.O. BOX 1179
SOUTHOLD, NY 11971
:-. JOB ~: 98-134(A)
FOR PROFESSIONAL SERVICES RENDERED: --
SURVEY OF PROPERTY i~!
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 COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
Number of Pages: 11
TRANSFER TAX NUMBER: 00-20421
District: Section:
1000 059.00
Deed Amount:
Recorded: 12/28/2000
At: 11:41:26 AM
LIBER: D00012093
PAGE: 056
Block: Lot:
04.00 008.001
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Received the Following Fees For
Page/Filing $33.00
COE $5.00
EA-STATE $25.00
Cert. Copies $0.00
SCTM $0.00
Ccumn. Pres $0.00
TRANSFER TAX NUMBER: 00-20421
THIS PAGE IS
Above Instrument
Exea~t
NO Handling
NO EA-CTY
NO TP-584
NO RPT
NO Transfer tax
NO
Fees Paid
A PART OF THE INSTRUMENT
$5.00
$5.00
$5.00
$39.00
$0,00
$117.00
Exempt
NO
NO
NO
NO
NO
Edward P.Romaine
County Clerk, Suffolk County
Nomb~r of pa§~s
TORRENS
E~-~2 17 (County)
EA-521 ?
Comm. of Ed. ~ OO
Mortgage Tax Stamp
FEES
Sub Total
Sub To~l
GRAND TOTAL
Real Prope~y T$.x Service Agency Verification
Dist. Section B lock Lot
tooO O~C].o*
ioo~ OU~. ~o o{.oo o0~.o0~
Satisfactions/Discharges/Releases List Prop~rt)
RECORD & RETURN TO:
novn
1'0
Recording / Filing Stamps
Mortgage Amt.
l. Basic Tax
2. Additiona[ Tax
Sub Total
SpecJAssit
Or
Spec. 1Add.
'OT. MTG. TAX
Dual Town D~ County-
Held for Apportionment
'ransfer Tax
Mansion Tax
The property covered by this molagage is or
will be improved by a one or two family
dwelling only.
YES__or NO
Community Preservation Fund
Consideration Amount $
CPF Tax Due
/acant Land
TD
TD
TD
Title Company Information
ilq -'/i :o. Nam, c_ mc
ride # ~ 000
Endorsement
'l'hispageforrmlxutoftheattached ~ee~ ~ ~.
(SPEC~ ~E OF ~U~ )
Lh mo$ 'I~she~inissi~in
S~OLK COL~, ~ YOR~
In ~ To--hip of ~¢~1 &
h ~ ~GE
or ~T of
made by:
]lOXES 5 THRU 9 MUST BE TYPF_D OR PRINTED IN BLACK INK ONLY PRIOR'ID RECORDING OR FILING.
lOVER)
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE., made this "~ [ .~ day of December, 2000
BETWEEN Thomas J. Hubbard. residing at 9 Legget Road, Bronxwille, N.Y., party of
thc first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office and
principal place of business at Main Koad. Town of Southold, County of Suffolk and State
&New York, party' of the second part;
WITNESSETIt, that the party 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 tho party of the second part, its
successors and assigns forever, THE DEVELOPMENT RIGHTS, 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 prcscntly defined h
Chapter 25 &the Town Code of the Town of Southold. and the right to prohibit or
reslrict the usc &the premises and any structures thereon for any purpose other than as
open space or agricultural production, to the property described as follows:
ALI, that certain plot, piece or parcel of land, situate, lying and being in the Town
of Southold. County of Suffolk and Stale of New York, bounded and described as
follows:
PARCI~L YFF: 1000 --
B~NING ~ a monume~ off ~ ~ olde ~ ~l~le ~d (C.~ ~} dight s~ 8~.96
~NNING ~EN~ along said ~eHy side ~ Hlddle ~d (C,~ ~) ~e ~llowlng ~o (2) ~u~s and
2. No~ 5S degm~ 4~ miata 50
2, northerly along an a~
97.65 reef;
THENCE South 35 degrees 34 minutes 20 oeeondo Ea~c, 300,00 feet to lend of Geonae T, Cunwa,/;
THENCE South 54 degrees 2S minul:e~ 40 seconds We~ along sale land now or Fom~et~y of George T. Cenway,
200,00 teat;,
. .Tt*II~C~ N. ofl~, .~1 ~te~re,~ ~8 minute~ a,O eso:mds West still along oald loncl n~ ~r fon~erly of George T.
Conway~ 307,00 feet m the southea~ side or Middle Reed (C,I~ 48) and the IMIrd: ~r place of BEGLqNIA1G,
The above c[escrlbed premls~ being also known es I~t No~:~ as shown on a ce~aln minor ~UbdMslon.map. -
made For Pudge Corp, and filed In the (~ce oiI the SOlJthold ToWt) (:Jerk on :July Ig~ !98~.
· pARCEL ~Vt
ALL that cer~lfl plot~ piece, or ~rce! of land, s~Jate~ Ij~fl~ and bel~GI In tim Town of SouthoJd, ~o~n~y of
.$ufl~lk e~d S~,~ of' N~ Y~ mo~ pa~la~ ~ and d~
BEG[NN~G a~ ~e W~ end of a line ~flng ~ 7g dqr~ 37 mlfl~ ~ a~.~ a leng~ of
34,65 ~ ~1~ I1~ ~ ~a ~ ~de of M~dfe ~d (C.~ ~) ~fld ~a ~w~ slde of
RUNNING THENCE along said last mentioned straight line, south 79 d~ 37 min~ ~, ~.7g
~ end ~ ~ld s~lght ~;
~CE ~ 23 deg~ O0 mln~ O0 ~n~s ~ alo~ ~e so~w~ side ~ Ho~d' ~ (Horn's
~ne) 28~.~ ~ ~ land now or ~rmedy ~ O~e T. Con~;
~CE Sou~ ~ deg~ ~ min~ 40 ~ds W~ along ~ld la~ ~nfloned lan~, 181.29
THENCE North 35 degrees 34 minut~.~ 2.0 seconds West~ 300.00 feet to the southeasterly side o~ Middle R~ld
THENCE North 54 degrees 25 minutes 40 seconds Ea~ along the southeasterly side ef Middle Road (CP. ~8~,
2L~,46 feet; to Ute point er p~aca of BEGZNN~NG.
~ m ¢[eacrlbed premlsm being also known as I~, No, 4 es shown ~n a ;attain m~nor subdlv~n map
made for t~dge C~rp; and f~ed In the Offk~ of the Smghold Town.Oe~ on 3uly 19, .19~2, ..,. ..
PARCEl. v,~ 3.QO0 - 055,o0 - 01.,Q0 - 0:1.1,,003.
Suffolk and ~ o~'tqew Yonc., ~r, ...,., ,..,~,v '!.2, '1~ .ELS Map No. 830~, Gold
D, DaTt' and filed In the Off;ce of the Clark'of the CO~n~'Y of sufro'lk on Kay
Io~s when taken toga'char a~e bounded and desc:rlf0ed, as (ollov.'s=
8EOxNN~NG at a point on the northwest., y side 01' Hlddle Road (C. IL 48) where come Is. intersected by the
dhdsion line between Lots 1. and 7. on salG map; -
R, UNN]NG THENCB South 67 degrees O& minutes 40 seconds West along mid northwesterly $1da of M~ddle
Road (C,R. 483, ~.q4;~.~Teet:l ......
THENCE North Og degrees 37 minutes 50 seconds WeSt 42.56 feet
THENCE North 1.0 degrees 2~ minute 50 seconds West~ ?54.35 feet;
THENCE North 77 degrees 2~; minutes 20 seconds Ea~ 1,50,~3 feet to the division line first above mentioned;
THENCE along said division line, South ~,0 degrees 2~ minutes $0 ~econds EaSt 7.69.70 feet to the
northweSterly side of Middle Road (C,~L 48) end the point or place of BE6XNNXNG.
PARCEl. %/: :LO00 - OSS.O0 - O't.O0 * 011.003
AL~ th~ certain plot,, piece; oF p~rcsl of b,nd, r, Jtoat~ lying end being in tho Town ol' SoutJlok], CounLy of
SufTolk and S'~ of New York, known and deslgnal:ed es Lo{: No. 3 on a r.m'~tn map ent{Uecl, 'Nap of ~ward
O. De~ and filed Iff the ~ of the Oer~ of file COUflL~ of S~JfYoJk eft Hay Z l, ],987 m; Nap Ne. 8309, said
lc(cs when taken t~gether aM bounded and describe[ ~s follows:
f3I~GZ~N~G et~ a profit an the flmthwesterW sma of Middle ~ (C.R. 48) where same Ls. lnterse,~?,~ ~ the
dMslon lino I~een ~ 3 and 4 o~ said map}
I~INNZNG TFIENCI~ ~ 67 degrees 06 minute,.40 seconds West along said northw~Hy side or Middle
Road (C.P~ 48}; ~.53;'65'~c to the division line between Lots 2 and 3 on ~ld map;
THENCE along said division line` North LO degree~ 21 mlnul~ 50 sea,nd; We~r~ 24Z.6~ feet4
THENCI~ North 77 d~gree~ ZS minutes ZO sounds East, ~50,23 feet ~o tho division line l~r~c above menl;Ioned;
T~IEFICE along said division line, ~outh ~.0 ciegroes 2:l. minut~ 50 seconds Emac 2~5.53 fee~ to
nar~we.s~erl¥ side of IVllddle Road (C.R. ~) and ~ paint or pla~e of'
TOOETI-IER with the non-exclusive right, if any, oft.he party oftl~e first part as
to the use for ingress and egress ofa~y streets and roads abutting the above described
premises to the center lines thereof.
TOGETHER with the appurtenance.s and all the estate and rights of the party of
the first part in and to said premises, insofar as the rights grant~ hereunder are
concerned.
TO HAVE AND TO I-IOLD the said Development Rights in the premises herein
granted unto the party of the second part, its successors and assigns, forever;
AND the party of the first part covenants that the party of the first part bas not
done or suffered anything whereby tho said premises have been encumbered in any way
whatever, except as a/brasaid. The party of the llrst part, as a covenant running with the
land in perpetuity, further covenants and agrees tbr the party of the first part, and the
heirs, legal representaOves, successors and assigns of the party of the first part, to use thc
premises on and al~er the date of this iastmment .solely tbr the purpose of open space or
agrictfltural production.
AND Tho party of thc 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, successors and assigns of the party of the first part, that 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 agricultmal production. This covenant shall mn
with the land in perpetuity.
3
AND the part), of the first part, covenants in all aspects to comply with Section 13
of tim Lien Law. as same applies xvith said conveyance.
TIlE party of the first 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 alter this date as open space
or tbr the purpose of such agricultural production and the grantor covenants and agrees
that the underlying fee title may not be subdivided into plots by the filing ora subdivision
map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real
Property Law, or any of such sea, ions of the Town or Real Property Law or any laws
replacing or in furtherance of them. The underlying fee may be divided by conveyance or
devise ofparts thereof to heirs and next of kin. by gift or will or by operation of law, or to
other persons with wrincn recordable consent of the party of the second pan. This
covenant shall mn ,vith the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying t~e or any
portion thereotl
THE word "party" shall be construed as if it reads "parties" whenever the sense of
this ind~-nture .so requires.
THE party of the first part, the heirs, legal representatives, successors and assigns
of the party of the first part covenants and agrees that it will (a) not generate, store or
dispose of hazardous substances on the premises, nor allow others to do so; ~.b) comply
with all oft. he 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 tbr compliance with this agreement~ This covenant shall nm
with the land in perpetuity.
THE party of the first part, his heirs, legal representatives, successors and assigns
of the party of thc first part covenants and agrees that he 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, con.miring,
engineering and other costs and expenses which may arise out of(l) any inaccuracy or
nfisrepresentation in any representation or warranty made by seller in this agreement; (2)
the breach or non-performance of any convenank~ required by this agreement to be
performed by the party of the first part, either prior to or subsequent to the closing of title
herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive
reliet~ remedial action, or other remedy by reasun of a violation or non-compliance with
any environmental law; or the disposal, discharge or release of solid wastes, pollutants or
ha~'~rdolLs substances; or exposure to any chemical substances, noises or vibrations to the
extent they arise from the ownership, operation, and/or condition of the premises prior to
or subsequent to tim execution of thc deed of Development Rights. This covenant shall
run with the land in perpetuity.
AS ~t forth 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
those Chapters shall not thereal~er be alienated, except upon the affirmative vote of a
majority of the Town Board after 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 o£these Chapters shall alter the limitations
imposed upon the alJenalion of development rights acquired by the Town l~fior lo any
such amendment. This covenant sha/I run with the land in perpetuity.
It is further agreed between the grantors mtd the Town of Southold that, in
addition to the Town of Southold having the fight 1o enforce the covenants and
restrictions contained herein the ~antors, his heirs, assigns or legal representatives shall
have the fight to entbrce the covenants and restfic'tions contained here~
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written alive.
rho J. ' -
Purchaser:
Town of Southold
Jea~W. Cochran. Sul~rvisor
6
STATE OF 'NEW YORK )
· )SS:
COU T OFI40
On tho 175 t day olD.ember, 2000, before me pemonally appe~ed THOMAS J.
HUBBARD, personally ~own to me or provided to me on the basis of satishcto~
evidence to be the individtml wlmse name is subscfib~ to the witch ins~ment an~
aekmowledg~ to me that he cx<uted the same in his capacity, ~d that by his signatu~
on the instnm~ent, the in~vidtml, or the person upon behalf of which the individual acted,
executed the instrument.
~ARGA~¢T ~NIC~K
~ota~ PubhC ~tate ct New Yot~
No. ~1.5~9422 ~ ~
Oual lied ~n Queens Cou°t~. ~
~mmisS~on ~plres Ma ~h
STATE OF NEW 5'ORK )
COUNTY OF SUFFOLK )
'}SS:
On the 20Ih day of December, 2000, before me personally appeared JEAN W.
COCHRAN, personally known to me or provided to me on the basis of salisfactory
evidence to be the individual whose name is subscribed to the within insmunent m~d
acknowledged to mc 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 which Ihe
individual acted, execulmt the instrument.
Notary Public 9
MELANIE DOROSI~
NO1ARY PUBU~.State o~ NewYm'k
No, OtO0~O
Ou~ecl in Suffolk Camm
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NOTICE ~ COUNIY OF SUFFOLK ~ ~ ~ :ta.~ SOUTHOLD SECTION~
~ , p ~ 1000 PROPERTY M~
File Viev.~ Toolbal Help
i5.-1-11.1 ~73889 SoUtheld Active R/S:! School: Southold School
~a~d S ~ 0 98 acres T~i~I'Q/: 100
j~ ~rn~ C6~int~ ~O0 Book: 12044
RO Box; Bank:
Site ] o[1; Land 00f 0
i2044 GiO 05iii/00 75 000 HUbGard Th°m, NbhdCd:O
File View Tr, olbal Heb
§~-~-1ii:~' 473889 Southold .4cti,o R/S 1 School: SouthoIdSchool
Hubbard Thomas .J RollYea~: 12009 Curt Y~ Land ~ ght~ Land,Z: 100
4502~ C'R48 LandSize: 0 79 ac~es Toa AV 100
I Taxable Value M Scellaneou~
Ownel Total,
q~m~ ThomasJ Hubbard ~ount~: 100 Book: 120~4
Addl~dd~: Mum i00' ' ~a~e: GOO
~ireet: ; 9 Leggel Rd - Sohoo: ~ i00
PO ~ox: V~lage: 0 86nk: :; .
, ochl a~ ~r. 1 O0 Ac~t ~ o' 08
C~; ~: Bmnx~ille. NY Zip: 10708- ~ ....
Sale Total: 1 . Site I o~ I ,Land 0 ol 0
Bo~ Page Sale Date Sa e P ice Owner Prpcls: Land
12044 608 05/11/00 150.OOOHubbard. Thom~ Nb~dcd:o :
Se~e~:
UEli[ie~:
E~6mpiion To~al: 0 Te~m Own Building . T6~I: 0
Codb Amoun~ Yea~ Pct
Spe'Cial D shier ,~otal: r' Value / ~ ImpiovemeP~ ~ ' T~taJ: 0
~d~;~ O~t~ P~ ~p~ MoveTax TYpe 4~me :~,:;;~:: ,-D~I Dim2 SQFT~BLil
FD028 ' Southold ED .00 ~00 .00 ;-,~:,,
PK010 Soulhold Pa~ _0~ .00 .00 v
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SURVEY OF PROPERTY
A T SOUTHOLD
TOWN OF SOUTHOLD
S~FnF..~I.._K~ ~OUNTY, N Y.
~ooo 55 O~ ~1.~, ~.2, ~t3, & ~.4
SCALE.. 1" = 60~
NOV. 6, 20OO
Nov. 18, 2000 (revisions)
N. 77'15'~0'
RiTHT5 cODE.
TOWN
, vELOPM~NT ~
S?ACE~ ~ DS soUTHOLD ' ~'
oPEN _,. ~ ~ "
oF cH~pTI~. ~ LOT (~) / -~
TRANSFER / TO
pRoPOSED puRSUANT
EASEMENT LOT
¢OC' C,~' .~.~
ANY AL TE. RATION OR ADDITION TO SURVEY IS A VIOLA TION
OF' SECTION 7209 OF' THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7~09 - SUBDIVISION ~, ALL CERTI~'ICA TION$
HEREON ARE VALID FOR TI'IlS 1~4P AND CO{~I~S TH~ ~ Y IF'
SAID MAP OR COPIES BEAR THE Ib~RESSED SEAL OF' THE SURVEYOR
ICHOSE SIGNATURE APPEARS HEREON.
A~DITIONALL Y TO COMPLY WITH SAID LAW THE TE. RM 'AL T~ I~Y'
MUST BE U,~'D BY ANY AND ALL SURVEYORS UTILIZJV~ A COPY
OP ANOTHER SURVEYOR'S M.4?. TERMS SUCH AS 'INEPECT~ AND
'BROU6HT ' TO ' DATE' ARE NOT IN CO~PLIANCE WITH THE LAW,
AREA = 1~8,319 sq fl. or 3 634 acres
NO TE'
LOT NUMBERS ARE REFERENCED TO
' MINOR SUBDIVISION ON PROPERTY OF EDWARD D. DART
FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE
ON MAY II, 1987 AS MAP NO. 8309
98 - 134 A