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HomeMy WebLinkAbout1000-94.-3-1.3N CONS P VAT ON SUBD][V S @N P OAD PARCBL 51TUATE: HA ~ I ITUC, K TOHN.. .~DUTHOLD .SUFFOLK C, OUN'r'r', NY ~ooo - ~4 - ~ - FIRE DISTRICT No. 50 SCHOOL ~IST~ICT Nos. q APPLIOAN% ~ODTHAMPTON~ NE~ ~ORK 11~6~ O~NE~: PECONIC LAN~ ~UST 50UTHAHPTON, NE~ ~OR~ I1~ DAT~ APR 0 3 200B TYPIC. AL I~LOT PLAN no~; Lo stole J4ELL DETAIL no~ ~;o soole SEPTIC* S'¢STEiH L~ETAIL ~ET 1'4AP I"= 6OO' LAND SURVEYOR El= BI' APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD ®P-.APHIC, SCALE I"= lDO' O IOO 200 ~OO DETAIL SC, AL~ II' : SOI BY: JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF:\\Compaqserver\pros\08\08-190 CONSERVATION SUB.pro .f ~ • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~pF SOUryO SouthOold,oNY 11971 MARTIN H. SIDOR ~0 l~ Chair ~ .IL OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ 54375 State Route 25 GEORGE D. SOLOMON ~ ,M (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND 'yCQU~ Southold, NY Telephone: 631 76b-1838 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2009 Ms. Kimberly Quarty Go Peconic Land Trust 296 Hampton Road, P.O. Box 1776 Southampton, NY 11969 Re: Final Approval: Proposed Conservation Subdivision for Oregon Road Parcel Located at 3305 Oregon Road, 53' west of Elijah's Lane, north side of Oregon Road, in Mattituck SCTM#1000-94-3-1.3 Zoning District: A-C Dear Ms. Quarty: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 8, 2009: WHEREAS, this proposed conservation subdivision is to subdivide a 12.5056 acre parcel into two lots. Lot 1 equals 2.5056 acres (with existing residence and Development Rights intact). Lot 2 equals 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation; and WHEREAS, an application for sketch approval was submitted on November 7, 2008, including the sketch plan prepared by John C. Ehlers, L.S., dated October 6, 2008; and WHEREAS, on December 8, 2008, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, determined that this is an Unlisted Action requiring an uncoordinated review; and WHEREAS, on January 12, 2009, the Southold Town Planning Board established itself as lead agency and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, Sketch Approval for this application was granted on January 12, 2009; and WHEREAS, the Mattituck Fire District reviewed this application on January 15, 2009 and determined there was sufficient fire protection; and WHEREAS, the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent as outlined in the December 2, 2008 memo prepared by the LWRP Coordinator; and t ! ~ • Peconic Land Trust Page Two June 9.2009 WHEREAS, on February 20, 2009, an application for Final Plat Approval was submitted, including the final plan prepared by John C. Ehlers, L.S., dated October 6, 2008 and last revised on February 17, 2009; and WHEREAS, on April 3, 2009, the Suffolk County Department of Health Services issued a permit for the proposed conservation subdivision; and WHEREAS, on May 7, 2009, the applicant submitted a Final Map prepared by John C. Ehlers, L.S., dated October 8, 2008 and last revised on March 15, 2009; and WHEREAS, on May 11, 2009, a final hearing was held and closed on the final map; and WHEREAS, all conditions have been met; be it therefore RESOLVED, that the Southold Town Planning Board determined that this action is consistent with the Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southo?d Town Planning-Board hereby grants Final Approvahupon the plan, prepared by John C. Ehlers, L.S., dated October 6, 2008 and last revised on March 15, 2009. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so-filed or recorded within sixty-two (62) days of the date of endorsement shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, ~ti - ~'""""~'~td~', Martin H. Sidor Chairperson Encls. cc: Building Dept. with map Assessors-with map By signing this letter, the applicant acknowledges that there are Town Code requirements that must be satisfied prior to the issuance of a Certificate of Occupancy. ' Land rus , ApplicanUAgent Planning Board Work Session Agenda Page Two June 1, 2009 Subdivisions Project name: ~ Joseph Battaglia SCTM#: 1000-64-3-3 Location: 1720 Hobart Road, Southold 1 Description: ;This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. , Status: ,Sketch Plan Review _ _ , Action: Revew sketch plan and review draft resolution for Building Permit. Attachments: 'Draft Resolution Project name ~ Ghassemi, Sy & Catherine 2006 .SCTM# 11000-31-1-1 Location: ;The property is located on the north side of NYS Route 25, approximately 831 feet west of Rocky Point Road, in East Marion !Description: 'This proposal is for a conservation subdivision to subdivide 31.0137 acres into four lots where Lot 1 equals 25.7355 acres, from which the Development Rights are proposed to be sold to Suffolk County for the purpose of farmland preservation, Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 acres and Lot 4 equals 1 acre, in the R 80 Zoning District. Status: Conditional Final Action: .Conditions have been satisfied -review resolution for Final Approval. Discuss performance bond estimate requirement. _ _ , Attachments: Draft Final Resolution Project name: ! Peconic Land Trust - Conserv. :SCTM#: 1000-94-3-1.3 2008 _ h side of Oregon Road, 3305 Oregon Location: ' 53' west of Elijah's Lane on-the Wort Road, Mattituck Description. This proposed conservation subdivision is to subdivide a 12.5056 acre ;parcel into two lots. Lot 1 equals 2.5056 acres (with existing residence and Development Rights intact). Lot 2 equals 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation. Status: Sketch Approval Action: Grant Final Approval Attachments: Draft Final Resolution MAILING ADDRESS: PLANNING BOARDDMEMBERS ~4~~pF SOUTyOIO SouthOold ~NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS .df~ ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON O~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND yCOU~,~y Southold, NY Telephone: 631 76b-1935 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 12, 2009 Ms. Kimberly Quarty Go Peconic Land Trust 296 Hampton Road, P.O. Box 1776 Southampton, NY 11969 Re: Proposed Conservation Subdivision for Oregon Road Parcel Located at 3305 Oregon Road, 53' west of Elijah's Lane, north side of Oregon Road, in Ivlattituck SCTM#1000-94-3-1.3 Zoning District: A-C Dear Ms. Quarty: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, May 11, 2009: BE IT RESOLVED, that the Southold Town Planning Board hereby closes the public hearing for the proposed Conservation Subdivision of Peconic Land Trust on Oregon Road. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman ~ ~ P ~ ONIC LAND TR• ST ~ k .y Lev G o~`f ~'l L d~' May 6, 2009 Planning Board Town of Southold P.O. Box 1179 w.... Southold, New York 11971 M~.:. -.x- ~u,,°; RE: Conservation Subdivision for Oregon Road Farm d?arc~l" - ; ~ , v ; 3305 Oregon Road, Southold, New York ! - SCTMIt: 1000-94-3-1.3 IY1AY - 7 2009 Dear Sir/Madam: 1' Enclosed please find the following documents for submissign of a Re- _ Subdivision in connection with the above-referenced property: ' 1. Application for Final Plat Approval including Affidavit of Posting and certified mail-return receipts; 2. Application fee in the amount of $850.00; 3. Executed Development Rights Easement perpetually preserving and protecting the land; 4. One (1) original and eleven (11) copies the final plat titled Conservation Subdivision for Oregon Road Parcel, dated October 6, 2008, last revised March 15, 2009 and stamped and approved by the Suffolk County Department of Health on April 3, 2009; and 5. Four (4) mylars of the Final Plat titled Conservation Subdivision for Oregon Road Parcel, dated October 6, 2005, last revised March 15, 2009 and stamped and approved by the Suffolk County Department of Health on Apri13, 2009. Should you have any questions or require additional information, please do not hesitate to contact me. Very truly yours, Kimberly Qua Project Associ e Enclosures 296 HAMPTON ROAD I P.O. BOX 7776 I SOUTHAn1PTON, NY 1]969 I TEL: 63]283.3195 I FAX: 631.283.0235 www.pcconiclandtrust.org • i GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of /IjA,~c'~~, 2007 at Southold, New York. The parties are ALLAN ARRIETA, c/o Kevin McLaughlin, Esq. 44020C Middle Road, Southold, New York 11971 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM# 1000-94-3-1.3 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by John C. Ehlers Land Surveyor, dated January 30, 2007 and last revised March 5, 2007, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently undeveloped and in a fallow condition; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource'; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of SEVEN HUNDRED AND EIGHTY THOUSAND Dollars ($780,000.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby 1 acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, ,its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of Environmental Conservation Law Article 49-0301, et. seq. and General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 2 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated January 30, 2007 last revised March 5, 2007 prepared by John C. Ehlers Land Surveyor, and a Phase 1 Environmental Site Assessment dated January 18, 2007 by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tvoe This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Code") and as provided in this easement. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. 3 ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Minino The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Further, notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by the Town Code, reconfigure existing property lines for the purpose of incorporating adjacent or contiguous parcels into the Property for the purpose of agricultural production. All resulting parcels must be at least 7 acres of preserved land. 4 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property shall be prohibited without the prior written consent of the Grantee, except for drywells, drainage or systems used to service permitted agricultural or conservation uses on the Property. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used to service the permitted structures on the Property or on any reconfigured parcels created pursuant to Section 3.03 herein. 3.07 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial use, shall be prohibited. For the purposes of this section, agricultural production, as that term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, shall not be considered a commercial use. No improvements or activity inconsistent with current or future agricultural production shall be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service permitted structures on the Property. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 5 3.10 Development Riahts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of Southold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: 6 (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, structures, provided such structures are used for agricultural production; (iii) Renovation, maintenance and repair of existing structures or those built pursuant to this Section 4.06, provided the purpose of the structure remains agricultural production. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required.. by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the 7 recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder., ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Grounds Maintenance Requirement Grantor may remove or restore trees, shrubs or other vegetation when dead, diseased, decayed or damaged and may thin and prune trees. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 8 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, 9 and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Properly shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Conservation Easement may be amended only with the written consent of Grantee and current Grantor. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with all applicable law and any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of the to property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property, or to use images of the property for commercial gain. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of-New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 11 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. C W D AND A D' ~s- C~-e_ C(t~ C ALLA RRIETA ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD(Grantee) BY: Scott A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On thisa~ day of~1A~ in the year 2007 before me, the undersigned, personally appeared.T~~yin//IJc,~AUL'/,~un/ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which the Individual(s) acted, executed the instrument. ~rtt~.ccet, ~ '~a.~Pr~ Notary Public PATRICIA L. FALLCPI Notary Public, Sing C?f New York No. 01FA4950146 Qualified In Suffolk County STATE OF NEW YORK ) Commission Expires April 24, p~a COUNTY OF SUFFOLK ) SS: On thiso?9 day of Iy1/}kLH in the year 2007 before me, the undersigned, personally .appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the Individual(s) acted, executed the instrument. ~PQf,~aA ~ ~ ' Onti. Notary Public PATRICIA L. FALLOt•I Notary Public, Stats of New York No. Ot FP,4°50146 Qualified In Suffolk County ]2 Commission Expires April 24, p2,fd~7 I~idclity National Title Insurance Company TITLF. NO. 07-7404-67 3 73-BUFF SCHCDULF. A-1 (Descr/p(ioa) R&AMENDED 3/8/07 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, "Town of Southold, County of Suffolk and State of Ncw York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Oregon Road at the southwesterly corner of the premises herein described; said point being distant the following three courses and distances from the corner I'onned by the intersection of the northwesterly side of Oregon Road and the easterly side of Elijah's Lane; I. North 53 degrees 08 minutes 10 seconds West along a tie line, 56.81 feel; 2. North 63 degrees 53 minutes 30 seconds East along the northwesterly side of Oregon Road 150.00 feet to the southeasterly corner of premises of land now or formerly of Badagliacca; 3. North 63 degrees 54 minutes 30 seconds East still along the northwesterly side of Oregon Road 216.86 feet to the true point or place of beginning; 'I'HGNCG North 2G degrees 13 minutes 40 seconds West 224.20 feel; THENCE South 64 degrees 20 minutes 00 seconds West 189.661'eet; "fI-IENCE Narth 25 degrees 40 minutes 00 seconds Wes[ 355.20 fee[; TI IENCE South 64 degrees 20 minutes 00 seconds West 175.00 feet to land now or formerly of Rowehl; THENCE North 25 degrees 40 minutes 00 seconds West along last mentioned land 767.70 feet to land now or formerly of Neconic Land Trust and Town of Southold; THENCE North 63 degrees 25 minutes 10 seconds East along last mentioned land 375.76 feet to land now or formerly of Jorg Menger; 'I'IiENCE South 26 degrees 13 minuses 40 seconds East along last mentioned land 1647.96 feet to the northwesterly side of Oregon Road; TI IENCE South 63 degrees 54 minutes 30 seconds West along the northwesterly side of Oregon Road 25.00 feet to the point or place of BEGINNING. T!/f PO/.(CI' TO 6S lSSUliD ender (hi.r cmm~ritrnen( wit( insure (he lisle (o such buildings and improvemen(s on [he premises which by law cons(i!u!e real property. FUN CONVli Yil NClNG ONLY.' Togedter with al! dre rig{r(, fide and in(erest of (he party o/'(he Jirs( par(, r jin wrd !u the land lying in the s(ree( in jron( ojand adjoining said premises. SCI/EUULE n-l (Description) Rcv. (03/04) AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as SCmM#• 1000 64 1 ~ by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on n~a~ 1 1 . ~nnA I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on 3305 Oregon Road Mattitu k N w yo k Kimberly Quarty Your Name (print) i - G ~ Signature Peconic Land Trust 296 Hampton Road 4nnth ~r=,,, nTV iiatia Address r Mav h 7nn9 - Date ~lot~ary~ub is ale oetsuMolk~~ • Oomrrwon EarpYrs Att4fa0t= PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon.- Fri.. 5/8/09 k*k*i**+k~~~~*:,ex+~~+fr+*****t***rww,r:::::er*tfef*f~~~~+.~+e+e+t~f*re**~n~rew~~***+fe:retiex*rr*n~~x~xe*f**~ww~t*** Re: Proposed Conservation Subdivision for Peconic Land Trust SCTM#s: 1000-94-3-1.3 Date of Hearing: Monday. Mav 11.2009. 6:15 p.m. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-94-3-1.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4, That the application is to subdivide. a 12.5056 acre parcel into two lots. Lot 1 equals 2.5056 acres (with existing residence and Development Rights intact): Lot. 2 equals 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation. The property is located at 3305 Oregon Road, 53' west of Elijah's Lane on the north side of Oregon Road, in Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FL, Capital One Bank). If-you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the Internet by sending an a-mail message to: CaroLKalin@town.southold.ny.us; 6. That a final public hearing will be held on the matter by the Planning Board on Monday, Mav 11, 2009 at 6:15 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the dafe of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Peconic Land Trust Date: 4/15/2009 SCTMk: Property Owner & mailing address 100-2-6.3 Robert Rowehl 2755 Oregon Road Mattituck, NY 11952 94-4-1 Robert G. Rowehl 2755 Oregon Road Mattituck, NY 11952 94-4-2 Robert G. Rowehl 2755 Oregon Road Mattituck, NY 11952 94-3-2 Jorg Menger P.O. Box 0215 Cutchogue, NY 11935 100-2-7 RPMS Inc., LLC ~ 4 Madsen Court Mount Sinai, NY 11766 100-4-6.2 Robert Sidor 730 Sigsbee Road Mattituck, NY 11952 100-4-6.3 Manny & Maureen Berard 3420 Oregon Road Mattituck, NY 11952 100-4-7.1 Leslie Benway 38 Milton Court Port Chester, NY 10573 • • • - . •mnaava:•• ¦ Dorrif~ keme 1, 2, end 3. Also complete A. t ~ kem 4 k Restricted Delivery b desNed. - ¦ Print your name and address on the reverse ~ Addrees_. so that we can return the card to you. ReceN'd ) C. Date of Delivs~ ¦ Attach this card to the back of the meilpkice, ' . or on the front If space pennks. from Item 1? ? Yes ~ ~ ~ 1. Ankle Addressed to: ~ YES, delNery address below: ? No ra ~ • _ Q. ah„ m ~ ~ ~ RoY,ert Rowehl ~ i rs .ten ~ ~ ~ ~ ~ 2755 Oregon Road ~ ~ _ D"' Postage S .z - ~ ~ Mattihck, New York ]]952 ~ o cernnea Fee ~ G B'~eNkrrd Mdl O E~reae Mes ~ MercherM: ~ Retum Receipt Fee P°°" ~ Rpm ~ Ream R•~PI O (Endorsement Required) ~ , 2 Q ~ f Ne7 O Inwred Mall 0 C.O.D. _ _ _ - ~ Restricted Delivery Fee t~~',~ 4• RB•a1eMd ~ 0 `(a4 ~ (Endosemem Requiretl) _ ~ 3~ Z• Arlk~Numt,ar 7009 OB80 OOOB 8960 3891 O T°[el Postag` ° Q: S ~ (r2aa/er frdll 8aniki - O - ant ro PS Form 3811, FebNary 2004 Dorroeac Retum Receipt to25s5-02-M-1• o Robert Rowehl i - N or POBOxrNO 2755 Oregon Road city, srara,n Mattituck, New York 11952 RP~~IS Incr., LLC . 4 Madsen Court ~ r°tal P°are9a' Q 1, Nlow~t Sinai, New York 11'Ih(i 3• se"'~eTyye E~CeNaed Mail ? Express rrteii t` sent ro ? Registered ~ Retum Receipt for MerctmrW' o Manny & Maureen Berard ~ mearea Mil ? c.o.D. 4. Restrkted Delivery? (Exba Fee) ? Yes M1 wt or'e rn"o 3420 Oregon Road city"sieie,"zia~ Mattituck, New York 11952 • 2. AdkleNUmber 709 0080 ?000 8960 3938 • _ (rransler hom service IabeQ ' T Total os' DonI03tIC Retum Receipt tozsg5-o2-M- a PS Form 3811, February 2004 _ SenrTO - _ - r Leslie Benway - - - o sireatnai 38 Milton Court r. or PO6ox Jorg Monger ciry'sieie; Port Chester, New York 10573 1965 Bro~dw~y #~8ti - 3. sS~~wNlce Typo ' ' New York, New York 10023 (t'I Celtkled Meli ? Express Mall O Total Posh^° ° _ \ 0 ? Registered ? Retum Receipt for M - Q, sent io li ? Insured Mall ? C.O.D. o Robert G. Rowehl 4. Restricted Delivey! (Exact tree) ~ Yea Sr`°°4 "P` 2755 Ore on Road ~ or POanx g z. AnicleNumber 7007 1490 0001 5382 7972 Crcy siaie: MaS,tituck, New York 11952 (transfer lrom servce latx>I) - PS Form 3811, February 2004 Domestk Retum Receipt to25asce"rt-t o o V Sent o Q' Robert G. Rowehl D- e°r ° Jorg Manger °o b`ieetE °o 'sireai:Am-r P.O. Box 0215 r or FO9 2755 Oregon Road orPO BozN cuy, sr Mattituck, New York 11952 ~ ciiy.'sreia,'z Cutchogue, New York 11935 , S Total Postage _ ~•`.~.s" ~ p ~ sent r° Manny & Maureen Berard enr ° RPMS Inc., LLC t`' ~ Sireei,"ApC~ ~ Sfree(ApC No 3240 Oregon Road ° or PO BOxN 4 Madsen Court ~ or PO Bax Na. - - - - ' r` cify;siaie:ziF Mattituck, New York 11952 - ciiy'siaie,'< Mount Sinai, New York 11766 ~ / ~ Dare--.'--- _ - rti sent r° Jorg Menge Robert Sidor ~ 0 o siiee(np[iYo.;- 1965 Broadwa #28H o Srreer,aPr 0 or POBOxNn, y, r` °r POSOxn 730 Sigsbee Road r` Ci'ry Sizte,Zli~+a New York, New York 10023 ciy scare,: Mattituck, New York 11952 • 1 ¦ Complete items 1, 2, and 3. Also ~ A• Rem 4 if Restricted Delivery Is deaf - ~ ¦ Print your name and address on the reverse - so that we can return the card to you. ~ ¦ Attach this cans to the back of the mallpiece, or on the front 'd space permits. •'r~, D. b address dMsrent 1. Article Addressed to: B YES entx Leslie Benw'av ~ 38 h'ulton Court I j Port Chester, New York 105?3 ce,ylled Mau O i , ~ o hreured Mall ? c.o. o ~ ~ ~ N ~ ~ ~ x y v ~ ~ o m ICI 4. Restrkted m 7 m ' ~,o+~,~ av 2. Artcle Numlxv fie cw0 ~ c C y `C aD m ~ F 8 " ~ Riansrersomseroice~eeq 7007 1490 0001 5382 7' 1 ~ ~ c s~ a° ~ ; ~ m. d it PS Form 3811, February 2004 Domesflc Retum Receipt m 2 Z ~ Sy ~ ~ d. ~ m ~ w t N O N O l~? n.a 1. Article Addressed to: R y ~Y g' ~ r1 ~ 8 m ~ m d ES, enter delhrer$~ ro O ~ o o- g an p~ ~ Rubert5idor ~ ~ a ~=~o ~ '30 Si sb~ ~ ~ o ° o i g 'e Road ~ N ~ 0om~8 Mattituck, New York 11952 s. sgol~erype o o D~ ~ ~ ~a C1 Certiaed FxMea 3 ~ ~ ~ m ? Registered ? Retum ~ t' O Irreurad Mail ? C.O.D. „ ~ ..D 4. Restrbted Delivery? (Fxaa Fag p I O 2. Article Number - iyl D ° w o m K T ~ (lians/er fiom seMCe laben 7007 1490 0001 538 m °o ~ ?~6L S~ m$ ~ PS Form 3811, February 2004 \ Domestic Retum Receipt a ~ ~ ~ z~ w S ~ ~ ~ m g ~ N ~ m 2 Robert G. Rowehl ~ ~Nj. ~ ~ ~ ~ ~ ~ 2755 Oregon Road ~ °b 3 blattihick, New York ] 1952 s. ~ ' o.deedMel '~`1i79roray' ~ ~ ~ O RegleteM O Ream I ~ ~ ~ n O Ineuetl Mal ? C.O.D. J ~ ? ~ ~ a RealrgMd oeavery7 tF~rea F+d ~ $ ~ Z ~ ~ ~ ~ 2. Artlcle Number 3 ° o a ~ 70 - 09 0080 0000 89 render mom 60 391 ~ z' (r aervke ~1 _ ~ ~ ~ PS Form 3811, February 2004 ~ Dornestb Retum Receipt - - - - - - - - - - - - - - - - 1. Article e r rya ~ Robert G. Rowehl Z 2755 Ure;;on Road Mattituck, New York 11952 1 ~ , Regbtered ~ Retum I O hawed Meal O C.O.D.' 4. Resbi°ted DelNeryl tFxaa Fee 2. ArtICIeNumber 7009 0080 0000 896 (riarAS/er Irorn seMCe /ebeQ - - - PS Fortn 3811, February 2004 Domestic-Karam Receipt iozsesve~etisw . I I ~ Complete kerns 1, 2, and 3. Also complete A Signature kern 4 if Restricted Delivery is desired. ? Agent I ~I~' ' ~ Print your name and address on the reverse X ? Addressee ~ I, so that We Can return the Card to you. B. Received by (Pooled Name) C. Date of Delivery ~ ~ ~ ~ Attach this card to the back of the mailpiece, ~ or on the front if space permits. I D. Is delivery address diltereM from item 19 ? Yes 11. Article Addressed to: It YES, enter delivery address below: ? No I I ~y Manny &_Maureen Berard 3240 Oregon Road Mattituck, New York ] 1952 a. seq~~~~ lZCertmed Mall ~ Egress Mail ? Registered ? Return Receipt for Merchandise' ? Insured Mall ? C.O.D. ~ 4. Restricted Delivery? (Extra Fee) ? yey i 2. Article Number 7007 1490 0001 5382 7965 ~ (riansfer from ~rvlce Iabep I c Rehm Receipt 102595-02-M-[540 it 4 il` . • • ed OFFICE LOCATION: ~~OF SO(/j~o MAILING ADDRESS: Town Hall Annex ~0 l0 P.O. 13ox 1179 54375 State Route 25 # # Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) ~ Q Telephone: 631 765-1938 Southold, NY 11971 .n ~ Fax: 631765-3136 ~~'`OOUM'I LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM ` _ , ~ ~3 To: Martin Sidor, Chair i ~ ' f Members of the Planning Board From: Mark Terry, Principal Planner LWRP Coordinator Date: Apri128, 2009 Re: Conservation Subdivision of Peconic Land Trust Location: 53' west of Elijah's Lane on the north side of Oregon Road SCTM#1000-94-3-1.3 Zoning District: AC This proposed conservation subdivision is to subdivide a 12.5056 acre parcel into two lots. Lot 1 equals 2.5056 acres (with existing residence and Development Rights intact). Lot 2 equals 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LW12P. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Tamara Sadoo, Planner File #9266 • • STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 30 day of April 2009. ,L\ ~u~'? Principal Clerk Sworn to before me this ~ day of 2009. - - ~.EGAL N01'1C6 ~ y (Vobce o[ Public Hearing ~ ~ l/ O CC~~..'1S HERESY GIVEN that,- p~~,'s~ecnbn 27b ot;rthe Town , Law a p"ublro hearin"g ~Il be held by the (lf,)J,(~QJ\ Southold 'i';vct Plagavtg Board, atthe ~RIST11n s~rTUkSKI T gad,SoutQpld New. CH ` 4 ,1., uEN~ YORK ~'Koan ary3pU9 ou the°- OTF•PY P'4ki Lft. ~vestwf e~4ltowutg . `x''• - N ,7 v7610aQGQ ..rbal~.m°~roPosed~tyndazd.Subdivi I t'C' v ~ ;lh C6Ut11Y Sion or iltexander Rf Tr`acy Sutton local- C~nl t'~_-.o ~ 'u - - gOlg eclat lJbO North Jiayyiew Road, 11 i.56' ..~r,;si~n Cavl~as fe"rnOty 28. Neio Liberty lane?~'Victoria'Drive, Southald,`TOturi oF-Southold, 'County of Suffolk, State bf New York. Suffolk County Tax Map Number ,1000-78-9-54 &78 tty~05' m ProposedS[andard Subdi; visron nklmgg PoinfPs[ates located an ~ w 3Cerw'm-Boulevard,:ap- proximate1~7~5° w/o.Atrgust Lane, in Greenport, Town of_-Squ[ho(d; ~Catinty of Sutfolk, State of'Nev+ York. Suffolk ZbunryTsvc Map Number 1000 53 4-44.i &443`_? 6:10'Pm Prq~ose~Standard Subdi- Swtdn f9}tease Hand:; located at ip300 NY$ Ropte,25, a~rs};cimately 120' elo Marlene r`ISa'ne; otntha s/s/o NYS Route 23, in, ~tJlattituck; Town of Southold, County o~ Suffolk, State of New York. Suffolk County Tax Map Number`3000- ?`fi:15'p.nr. Proposed Conservation SubdfCi`sigp Y,.fo}; P,.econic. Land Trust, IocatkiT at?~OS a7regdn~32oad,.53' w/o Elgalis ]szneon'the nls)o Oiegou Road, ru*Mawfuck'3'otign of-Southold, Lounry of Suffolk Staof ~ew,York: Suffolk CountySYax"Ma~ Numli~r1000-94-3-1:3- Dated:A/i5l09 f° BY ORDER OF THE 30UTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse - -Chairperson 9266-1T 4/30 / r ~ ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~~0~ S~UfyO SouthOold,oNY 11971 MARTIN H. SIDOR ~Q l0 Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~0 54375 State Route 25 OSEPH LDTOWNSEND Ol~Ct7 ~ (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1935 Fas: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of May, 2009 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Alexander & Tracy Sutton located at 1160 North Bayview Road, 111.56' n/e/o Liberty Lane & Victoria Drive, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-78-9-54 & 78 6:05 p.m. Proposed Standard Subdivision Conkling Point Estates located on the w/s/o Kerwin Boulevard, approximately 575' w/o August Lane, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 53-4-44.1 & 44.3 6:10 p.m. Proposed Standard Subdivision for Chase Bank, located at 10300 NYS Route 25, approximately 120' e/o Marlene Lane, on the s/s/o NYS Route 25, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-143-3-33.2 6:15 p.m. Proposed Conservation Subdivision for Peconic Land Trust, located at 3305 Oregon Road, 53' w/o Elijah's Lane on the n/s/o Oregon Road, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 94-3-1.3 ' Dated: 4/15/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, APRIL 30, 2009 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 r • • Kalin, Carol From: Candice Schott [cschott@timesreview.com] Sent: Wednesday, April 15, 2009 3:38 PM To: Kalin, Carol Subject: RE: legal ad for April 30th edition Hi Caroi, I have received the legal ad and it is set to run in the April 30th edition of the Suffolk Times. Thanks and have a great evening! Candice From: Kalin, Carol [mailto:CaroLKalin@townsouthold.ny.us] Sent: Wednesday, April 15, 2009 2:18 PM To: legals@Umesreview.com Subject: legal ad forApril 30th edition Please print the attached legal ad for the 5111109 Planning Board Regular Mtg. Public Hearings re: Sutton, Cogkling Point Estates, Chase Bank and Peconic Land Trust projects in the APRIL 30TH Edition:. Kindty send me confirmation of receipt for our records. Thank you - Carol Kalin, Secretazial Assistant Southold Town Planning Board .Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179' Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Cazol.Kalin@townsouthold.ny.us 4/15/2009 + ~ • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~0~ Sp(/Ty~ SouthOold,oNY 11971 MARTIN H. SIDOR ~Q l0 Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~O 54375 State Route 25 GEORGE D. SOLOMON Q (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~yCpUNf'1,~~ Southold, NY Telephone: 631 765-1835 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of May, 2009 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Alexander & Tracy Sutton located at 1160 North Bayview Road, 111.56' n/e/o Liberty Lane & Victoria Drive, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-78-9-54 & 78 6:05 p.m. Proposed Standard Subdivision Conkling Point Estates located on the w/s/o Kerwin Boulevard, approximately 575' w/o August Lane, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 53-4-44.1 & 44.3 6:10 p.m. Proposed Standard Subdivision for Chase Bank, located at 10300 NYS Route 25, approximately 120' e/o Marlene Lane, on the s/s/o NYS Route 25, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-143-3-33.2 6:15 p.m. Proposed Conservation Subdivision for Peconic Land Trust, located at 3305 Oregon Road, 53'. w/o Elijah's Lane on the n/s/o Oregon Road, in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 94-3-1.3 Dated: 4/15/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn 6. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 75th day of April, 2009 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's . Bulletin Board Southold Town Hall 53095 Main Road. Southold, New York 5111/09 Regular Meeting: 6:00 p.m. Public Hearing for the proposed standard subdivision for Alexander & Tracy Sutton, SCTM#1000-78-9-54 & 78 6:05 p.m. Public Hearing for the proposed standard subdivision Conkling Point Estates, SCTM#1000-53-4-44.1 & 44.3 6:10 p.m: Public Hearing for the proposed standard subdivision for Chase Bank, SCTM# 1000-143-3-33.2 6:15 p.m. Public Hearing for the proposed conservation subdivision for Peconic Land Trust, SCTM#1000-94-3-1.3 Carol alin Secretary, Southold Town Planning Board Sworn to befor me this 1?s~ day of {1~ , 2009. Notary is MELANIE DOROSKI NOTARY PUBLIC, State of NewYbrk No. 01D04634870 Diialified in Suffolk County fominission Expires September 30, ~ l V ~ • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SOUTy~ SouthOold ~NY 11971 MARTIN H. SIDOR ~Q l~ Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON _ ~ 'M (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND IyC~URI, ~lL~ Southold, NY Telephone: 631 765-1835 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTI30LD April 14, 2009 Ms. Kimberly Quarty c/o Peconic Land Trust 296 Hampton Road, P.O. Box 1776 Southampton, NY 11969 Re: Proposed Conservation Subdivision for Oregon Road Parcel Located at 3305 Oregon Road, 53' west of Elijah's Lane, north side of Oregon Road, in Mattituck SCTM#1000-94-3-1.3 Zoning District: A-C Dear Ms. Quarty: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 13, 2009: WHEREAS, this proposed conservation subdivision is to subdivide a 12.5056 acre parcel into two lots. Lot 1 equals 2.5056 acres (with existing residence and Development Rights intact). Lot 2 equals 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation; and WHEREAS, an application for sketch approval was submitted on November 7, 2008, including the sketch plan. prepared by John C. Ehlers, L.S., dated October 6, 2008; and WHEREAS, on December 8, 2008, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, determined that this is an Unlisted Action requiring an uncoordinated review; and WHEREAS, on January 13, 2009 the Southold Town Planning Board established itself as lead agency and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, Sketch Approval for this application was granted on January 13, 2009; and WHEREAS, the Mattituck Fire District reviewed this application on January 15, 2009 and determined there was sufficient fire protection; and Peconic Land Trust/Orepon Rd. Pape Two April 14, 2009 WHEREAS, on February 20, 2009, an application for Final Plat Approval was submitted, including the final plan prepared by John C. Ehlers, L.S., dated October 6, 2008 and last revised on February 17, 2009; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, May 11, 2009 at 6:15 p.m. for a public hearing on the Final Plat prepared by John C. Ehlers,. L.S., dated October 6, 2008 and,last revised on February 17, 2009. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your Use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified . mailing receipts AND the signed green return receiat cards before 12:00 noon on Fridav, Mav 8th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-94-3-1.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is to subdivide. a 12.5056 acre parcel into two lots. Lot 1 equals 2.5056 acres (with existing residence and Development Rights intact). Lot 2 equals 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation. The property is located at 3305 Oregon Road, 53' west of Elijah's Lane on the north side of Oregon Road, in Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m, in the Planning Department located in the Town ball Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the Internet by sending an a-mail message to: CaroLKalin@townsouthold.ny.us; 6. That a final public hearing will be held on the matter by the Planning Board on Mondav. Mav 11 2009 at 6.15 p m in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Peconic Land Trust Date: 4/15/2009 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail.- return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL. RECEIPTS & GREEN RETURN RECEIPT CARDS BY.• 12:00 noon. Fri., 518/09 Re: Proaosed Conservation Subdivision for Peconic Land Trust SCTM#s: 1000-94-3-1.3 Date of Hearing: Mondav. Mav 11, 2009, 6:15 a.m. . • Town of Southold PC(Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L, l~10.12-2003] Whenever the Code calls for a public heazing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, ocher than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner orhis/her agent shall file an affidavit that slhe has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every properly which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 PECONIC LAND TRUST CONSERVATION SUBDIVISON FOR ~PECONIC LAND TRUST 1000-94-3-1.3 Proposal to subdivide a 12.5056 acre parcel into two lots. 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Yn,tr ue - _ . - _ X,yXarwk, u. - nr rR m xVrp~x! XMRENMILE: LLip1A1xM~ SME Dfl Red Property Taz Service Agency Y srve , 9m N ..,x. ~ ~ rm. ew.... r..,n w wx Xn.xr w - _ s - _ fm.r,,, ono. u. - - - vw vxusE nst6euna a wr rw]ox a reE MTil m LantY C6rMx RlverMOdr N Y ll901 m w sua¢ s ~ O O D 4. M 1L1 MA W 1]SA is: M 6M1k11M _ P M. Lhkr w - - 4&LwR ..Sh.MFP a 9RIM .ER~I)MTfX )'FF1065g1 6~K 1F0 ~]II Y r.>.rm X.. tz.i Mn r fm ~ ~ x. uu[ M RE]~ P xa6 e., 1000 X°.x. w - _ s - _ XEM cnavEXrr ]Ax sEXSCE A6Excr- AitIC[ ND PROPERTY NM L rnraraax%rz: xer.uffx i~ Y~~ ~ATTITUCK FIRE DISTRI~ PO BOX 666, PIKE STREET MATTITUCK, NEW YORK 11952-0666 Commisslonere David F. Haas, Chairman John C. Harrison, Secretary Barbare Dickerson, Treasurer Norman 0. Relly, Jr., Sr., Vlce Chalrtnan Martin L Griffin Lloyd H. Relsanberg Wllllem G. Young January 15, 2009 Southold Town Planning Board Ms. Tamara Sadc^, °jann~r P O Box 1179 Southold, NY 11971 Re: Peconic Land Trust Oregon Rd. subdivision, Mattituck, NY ,i,.~ ~ ` SCTM#: 1000-94-3-1.3 Dear Ms. Sadoo; - ,.....~;-a~. The Board of Fire Commissioners of the Mattituck Fire District reviewed the above mentioned standard subdivision make no additional recommendations other than that all drives be cleared and maintained to meet Southold Town Code. If you require any additional information please do not hesitate to contact me. Sincerely, C~Ud~` Jo n C. Harrison Secretary/Fire District Manager cc: Board of Fire Commissioners Chief Office (631) 298-8837 Facsimile (631) 298-8841 r • . MATTING ADDRESS: PLANNING BOARD MEMBERS OF S~Vl P.O. Box 1179 JERILYN B. WOODHOUSE O~~ y~//__ Southold, NY 11971 Chair h ~o OI'FICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~I,fCOU,M'~~ Southold, NY 111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2009 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Conservation Subdivision for Oregon Road Parcel Located at 335 Oregon Road, 53'30" west of Elijah's Lane, north side of Oregon Road, in Mattituck SCTM#1000-94-3-1.3 Zoning District: A-C Dear Ms. Quarty: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, January 12, 2009: WHEREAS, this proposed conservation subdivision is to subdivide a 12.5056 acre farm into two lots. Lot 1 will total 2.5056 acres with an existing residence and with the Development Rights to remain intact. Lot 2 will total 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation; and WHEREAS, an application for sketch approval was submitted on November 7, 2008, including the sketch plan prepared by John C. Ehlers, L.S., dated October 6, 2008; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced proposal at their December 8, 2008 Work Session; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, based upon an uncoordinated review of this Unlisted Action, establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further Peconic Land Trust, Oregon Rd. Paae Two January 13, 2009 RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent as outlined in the December 2, 2008 memo prepared by the LWRP Coordinator; and be it further RESOLVED, that the Southold Town Planning Board hereby grants sketch approval on the map, prepared by Howard W. Young, L.S., dated August 1, 2008. Enclosed please find a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, Jeril~dhouse Chairperson Encls. • • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 1~a~~ SOUIyo Southold, NY 11971 JERILYN B. WOODHOUSE Chair o OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWN5END l~C0Un1, ~4`D Southold, NY 111, OO"~ Telephone: 831 765-1938 Fax: 831 785-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance January 12, 2008 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Conservation Subdivision of Peconic Land Trust/Oregon Road SCTM#: SCTMs#1000-94-3-1.3 Location: 53'30" west of Elijah's Lane, on the north side of Oregon Road, Mattituck SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed conservation subdivision is to subdivide off a 2.5056 acre piece of land with the Development Rights intact with an existing residence (Lot 1) from the total 12.5056 acre farm. The Town of Southold has owned the Development Rights on the remaining 10 acres of farmland (Lot 2), since March 2007. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. ~ • • Neaative Declaration Pape Two January 12. 2009 The determination was based upon the following: This project is a conservation subdivision preserving 10 acres of agricultural farm land. The Development Rights on the preserved 10 acre parcel, were sold to the Town of Southold on March 29, 2007. The remaining 2.5056 acres are being subdivided from the preserved land for residential and agricultural purposes. A single family home already exists on the 2.5056 acre lot being subdivided. Therefore, the proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will therefore conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. Further, this proposed conservation subdivision, by creating only one 2.5056 acre lot in the AC Zoning District, and preserving 10 acres of farmland, will yield the following results: 1. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 2. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. 3. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 4. No major change in the use of either the quantity or type of energy will occur due to the creation of only two residential lots. 5. No creation of a hazard to human health will occur. 6. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 7. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. 8. The proposed action is not in a material conflict with the community's current plans or goals as officially approved or adopted by the Town of Southold in that this conservation subdivision is preserving farmland, while reducing density by creating only two residential lots. For Further Information: Contact Person: Tamara Sadoo, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 5~.6->c c~.~ . MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE Oy~~Of SU(/l~tp Southold, NY 11971 Chair ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR ~ • Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND l,~'CO~nM'~ Southold, NY all i ~ 1~~~~`"""' Telephone: B31 76b-1935 Fas: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 22, 2008 Mr. John Harrison Mattituck Fire District PO Box 666 Mattituck, NY 11952 Re: Request for review on: Peconic Land Trust, Oregon Road Subdivision SCTM#1000-94-3-1.3 Deaz Mr. Harrison The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your eazliest convenience. This proposed conservation subdivision is to subdivide off a 2.5056 acre piece of land with the development rights intact with an existing residence (Lot 1) from the total 12.5056 acre farm. The Town of Southold has owned the development rights on the remaining 10 acres of farmland (Lot 2), since Mazch 2007. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, ~C~ii'Y~p~~ Tamara Sadoo Planner Encls.: Subdivision Application Subdivision Plat • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS OF ~OVl P.O. Box 1179 JERILYN B. WOODHOUSE O~~ y~/_ Southold, NY 11971 Chair ~ y OFFICE LOCATION: KENNETH L. EDWARDS T Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND l~'COU~ ~ Southold, NY PPP""" Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Tamara Sadoo Date: December 22, 2008 Re: Peconic Land Trust, Oregon Road in Mattituck SCTM#1000-94-3-1.3 The Planning Boazd refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This proposed conservation subdivision is to subdivide off a 2.5056 acre piece of land with the development rights intact with an existing residence (Lot 1) from the total 12.5056 acre farm. The Town of Southold has owned the development rights on the remaining 10 acres of farmland (Lot 2), since Mazch 2007. Thank you for your cooperation. Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, December 8, 2008 4:30 p.m. 4:30 p.m. Review Public Meeting Agenda 4:45 p.m. Site Plans & Subdivisions Site Plans Project name: Saves, Inc. SCTM#: 1000-59-3-31 Location: 2875 Horton Lane, approximately 136 feet north from the n/w corner of Horton Lane and Middle Road, Southold Description: This site plan is for a change of use of an existing 800 sq. ft. dwelling to have 500 sq. ft. of retail space and 300 sq. ft. of storage space, including a handicap ramp and associated parking on a 10,140 sq. ft. parcel in the General Business Zonin District. Status: Review Referrals Action: Consider waiving the public hearing based on the fact that this is a change of use of an existing building and appears to have no adverse im acts to surroundin ro erties. Attachments: Staff Re ort Project name: 29025 Main Road Owen SCTM#: 1000-102-2-12.5 Construction Location: 29025 NYS Route 25, Cutcho ue Description: This site plan is for the conversion of an existing dwelling to professional offices on a 20,224.28 s . ft• parcel in the RO Zonin District. Status: Submission for Review Recommendation: Review and recommend no sidewalk along Depot Lane and suggest s ecies of street trees alon~c Main Road and Depot Lane instead. Attachments: None Subdivisions Project name: Oregon Road Farm Parcel SCTM#: 1000-94-3-1.3 ~ Conservation Subdivision ~ Location: 3305 Oregon Road, Mattituck, 53' 30" west of Elijah's Lane on the north side of Ore on Road Description: This proposed conservation subdivision is to subdivide off a 2.5056 acre piece of land with the Development Rights intact with an existing residence (Lot 1) from the total 12.5056 acre farm. The Town of Southold has owned the Development Rights on the remaining 10 acres of farmland~Lot 2), since March 2007_ Status: New A plication _ 1 Action: Review and considerproceedin to sketch approval. Attachments: Staff Report _ __j PE~ONIC LAND TR~ST 181 r^~ ,L November 13, 2008 Planning Board Town of Southold P.O. Box 1179 Southold, New York 11971 RE: Conservation Subdivision for Oregon Road Parcel 3305 Oregon Road, Southold, New York SCTM#: 1000-94-3-1.3 Dear Sir/Madam: Enclosed please find one (1) original and four (4) copies of the fully-signed plans in connection with the Conservation Subdivision for Oregon Road, for which the application was previously submitted. Should you have any questions or require additional information, please do not hesitate to contact me. ,.Very truly yours, o ~ ' ~ 11 - Kimberly Qu Project Ass to Enclosures 296 HAn1PTON ROAD I P.O. BOX 1776 I SOUTHAn9PTON, NY 11969 I TEL: 631283.3195 I FAX: 631.204.0711 www.peconidandtrusLorg ii ~i I~ P~ONIC LAND TRTJST ~~~P~ c T November 5, 2008 Planning Board Town of Southold P.O. Box 1179 Southold, New York 11971 RE: Conservation Subdivision for Oregon Road Farm Parcel 3305 Oregon Road, Southold, New York SCTM#:1000-94-3-1.3 ~Qrrre~-- Dear Sir/Madam: Enclosed please find the following documents for submyssion„P1,a..Rey'"' Subdivision in connection with the above-referenced property: ~ ~ ~,i ~ `l '~~l' 1'~ 1. Applicant Transactional Disclosure Form; ~ 11y 1 2. Application for Sketch Approval; , ~ : ~ L , ' 3. Copy of the Deed; , n'~ c 4. Short Environmental Assessment Form; { i 5. $500 A lication Fee; and , PP ~ 6. Five 5 co ies of the Conservation Subdivision Plan which sho and proposed lot line configurations as well as the existing andNpro~oSed~lot~° . areas. w Should you have any questions or require additional information, please do not hesitate to contact me. Very truly yours, r Kimberly Q ty Project Associate Enclosures 296 HAb1PTON ROAD I P.O. BOX 1776 I SOUTHAniPTON, NY 11969 I TEL: 631263.3195 I PAX: 631.204.0771 www.peconidandtrusLorg f ~ ~ Project Status Resort for Conservation Subdivisions Sketch Aoolication Dates ~ r~ . f~.'t ky.. a Pre-Submission Conference i~ I ~ I v'~J _ SEQRA Determination 1 11~~ Sketch Applicatlon Received i lu ~ g SC Planning Commission Referral lJ 1 r` licetion Fees Paid ~ ~ SC Planning Commission Comments ERSAP Submitted ~IY Fire Department Referral ~ ~ ~ L~ 1 h'C~d Yield Plan Submitted Fire Department Comments ~ Concept Design Determined ~~4 Engineer Conference Fire Department Comments /~/h'~f)~p.~; Sketch Plan Submission ~ ~ I~`~~ r d r SEQRA Coordination ~ ti\~~. Conditonal Sketch Approval Landscace Plan Sketch Approval 1I t3~ Soil Conservation Plan pinal Plat Application Dates IB months after Preliminary Plat Apprpvall Final Application Received Affordable Housing Fee Paid ~ I Application Fees Paid Administrative Fee Paid Mvlars Received (51 NYSDEC Wetlands Permit Received N~ Paper Prints Received (ESl NYSDOTIDPW Permit Received t:+ ~ Final Road and Drainage Pfans ~ ~ Trustee Permit Received ~ ~It3~o ~ ~ Performance Guarantee Received ~ ~ ~ Final Hearing Set SI ~l Performance Guarantee to Town Board Final Hearin HeldlClosed Final Covenants and Restrictions ~ ~ ix Filed Legal Documents M ~ ll?\~ti'~~ Final Homeowner's Agreement U' Conditional Final Approv/al Final Road Maintenance Agreement Final Approval ~9/ ~/~9 ~~or5ed ~~~a~ f Park and Plavaround Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review ~ ~zV,~U H Final Man Routine: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: Town of Southold Planning Department Staff Report Subdivisions I. Aaplication Information Proiect Title• Conservation Subdivision for Oregon Road Parcel -Peconic Land Trust Map Preuared By John C. Ehlers. Land Surveyor Date of Mao: October 6.2008 Date of Submission: November 7. 2008 Applicant: Peconic Land Trust Tax Mao Number 1000-94-3-1.3 Proiect Location• See attached tax map and aerial photograph Hamlet: Mattituck Zonin>s District: AC II. Description of Proiect T_voe of Aoulication: Subdivision T_vae of Subdivision: Conservation Subdivision Acrea¢e of Proiect Site: 12.5056 acres Yield Mau or Calculation• 6 lots on total parcel Number of Lots Proposed: 2 Lots Acres of Open Space/Reserved Area• 10 acres (development rights sold to Town of Southold. Percentage of Ouen Space/Reserved Area (see attached calculation): 435.600 so. ft. or 10 acres Tyne of Access Provided• 2 driveway 25' wide access along NE boundary for agricultural land Length of Access: various III. Site Analysis SEOR Tvae of Action: Unlisted Present Land Use: Agricultural/ residential Existing Structures: Two-story frame house and garage Existin¢ Permits. Approvals. CO's. etc: N/A Was Property Previously Subdivided• Yes Town purchased development rights to Lot 1. 10 acres on March 29. 2007. If Yes. Date of Apuroval: March 29 2007 Existing Easements or Restrictions: Development Rights Soil Tvue: N/A Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: N/A 1 Significant Trees on Site: none Percentage of Slooes: 0-10% Name of Abutting Water Bodv: N/A Critical Environmental Area: No Tvoe of Wetlands on or Adjacent to Site: None Are There Trails on Site: No Name of Trail: N/A Death to Water Table: Greater than 17 feet Distance to Public Water: N/A Source of Water Suooly: Well Number of Access Points: Two Historical or ArchaeoloHical Significance: N/A IV: Permits andlor Review Required From Other Agencies This project will require review and/or approval from the Suffolk County Department of Health Services, Southold Fire District and the LWRP Coordinator. V: Project Analysis This is a proposed conservation subdivision to subdivide off the 2.5056 acre development rights which are intact with an existing residence (Lot 2) from the 12.5056 acres farm. The development rights on the remaining 10 acre farmland (Lot 1) was sold to the Town of Southold on March 29, 2007. VI: Staff Recommendations • Accept for review • This is an Unlisted action under SEQRA, therefore recommend doing and uncoordinated review; and • Send out all applicable referrals; • Make a SEQRA determination :Negative Declaration • Grant Sketch Approval 2 Page 1 of 1 Live Search Maps Print this page in a more readable format: Click Print next to the upper-right corner of the map. , ~ lA .A ti. ~ ~ ~ ~ ,y',. ti~ ~ ` C 4 3 ' ~ ~~p` y A. _ . • 12/8/2008 Application for Final Plat Approval APPI,IGATION IS HEREBY MADE to the 'Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision C`an 4pry,atinn Glih~i vie fpr Oregon Road Parcel 2. Suffolk County TaxMap# 1000_~q_~_t _ ~ 3. Hamlet s o n r n o l rl 4. StrxtLocadon 3305 Oreaon Roan 5. Zoning District A C 6. Date of Submission _ MCT 02~/~ 7. Sketch Plan Approval Date January 13, 2009 8. Preliminary Approval Date 9. Number of Lots Proposed 2 10. Acreage of Open Space/Reserved Area 10 acre s 11. Affordable housing Units Proposed N /A 12. Percentage of Affordable I{ausing N/A 13, If providing less than 25% Moderate income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Scetion A106-11(B) of the Town Code. _ N~A 14. Does the Final Plat conform substantially to the approved Preliminary P1at7 ffnot, please explain the differences. V p .a 15. Application prepared by owner agcrit- [ J other-- nu4v.. Y' - p:,: ~ Slgnatnre of Preparer Dttte I S G M~ AY -1 2009 _ . • ~0$OFFO(,~co ~ MAILING ADDRESS: PLANNING BOARD MEMBERS Gy P.O. Box 1179 JERILYN B. WOODHOUSE o= Southold, NY 11971 Chair y ~ OFFICE LOCATION: • Town Hall Annex JOSEPH TOWNSRNL~ y?J~l ~.a~~ 54375 State Route 25 KENNETH L. EDWARD5 ~ (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 765-193 S Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Boazd for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision Conservation Subdivision for Oregon Road Farm Parcel 2. Suffolk County Tax Map # 1000-94-3-1.3 3. Type of Subdivision Standard [ ] Conservation [ ~ 4. Hamlet Mattituck 5. Street Address( 3305 Oregon R~ad~ Project Location _ ~ _ 6. Acreage of Site 12.5056 acre~~~ _ - 7. Proposed Yield N/A ~ ~ 3 8. Number of Lots Proposed 2 _ 9: Zoning District AC n 10. Date of Submission November 2008 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Peconic Land Trust 296 Hampton Road, P.O. Box 1776 Southampton NY 11969 (631)283-3195 Agent; same as applicant Property Owner(s): G~ ma a s a~ l i r a n Y Surveyor: Jahn C. Ehlers Land Surveyor 6 East Main Street Riverhead NV 1190] (631)369-8288 Engineer: Mi h_ ~ awl Mapes 163 Penninsula Path Riverhead, NY 11901 (631)334-2841 Attorney: Susan 0. Tuths, Esa. 33 Flvina Point Road, Suite 101 Srnithamnt nn. NV 1196A (631 )..287-a01R 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. No 13. Has apre-submission conference been held with the Planning Board? If so, provide date. NovemhPr 5 7nnR 14. Has the owner/applicant met with Land Preservation? If so, provide date. yes Development Rights were purchased by the Town on March 29, 2007. 15. Is any part of the property in agricultural use? 16. Is there an existing or proposed sale of development rights on the property? yes 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. No 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). No 19.The site will be serviced by the following special districts or utility companies: Fire District Ma ; r PostOfftce Mattituck School District Mattituck Water private well 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. No 21. Please indicate the type of open space proposed and how it will be managed? n an anat~a to ha farmarl r m fa110W 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? Yes, there is an existing single family residence that will main on he progerty 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units aze proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. N/A 24. Application completed by [X] owner [ ]agent [ ]other r Signature of Preparer Date Qb ~ ~ Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees. The puroose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Peconic Land TrnGt, rnr_ last name, first name, middle initial unlessyou are applying in the name ofsomeone else or other entity, such as a company. Ij'so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat x Planning v Site Plan x Other (Please name other activity) Do you personally (or through your company, spousq sibling, pazent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes_No X If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line Athrough Dand/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): _ A. the owner of greater than 5% of the shazes of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); _ C. an officer, drrec"tor, paztner or employee of We applicant; or D. the actual applicant Description of Relationship: 2~ Submitted clay of 0t/..29a~' Signatur uu Print Name by i 1- z RECORDED Number of pages 200. F~rrr 04 i 1:00:05 QM TORRENS Judith H. P.3s~_ale CLERk: !JF Serial # Sl1FFOLM !=OUNT'r' i D[!i!01'1495+ Certificate # P X74 DT# O5-15;15 Prior Ctf. # Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Page /Filing Fee ~ Mortgage Amt. _ i Handling 1. Basic Tax TP-584 _ 2. Additional Tax _ Notation Sub Total EA-52 17 (County) ~ -Sub Total Spec./Assn. Or EA-5217 (State) Spec. /Add. R.P.T.S.A. ~ Vl) ~yG~~~~ TOT. MTG. TAX _ Comm. of Ed. 5 00 :=y ~ Dual Town Dual County ~ Held for Apportionment 7 Affidavit Transfer Tax $D • Mansion Tax Certified Copy The property covered by this mortgage is or Reg. Copy will be improved by a one or two family C Sub Total dwelling only. Other ~ L YES or NO GRAND TOTAL J~`_ If NO, see appropriate tax clause on page # of this instrument. 5 Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section Block Lot Consideration Amount $ 545,000.00 07010515 iooo o9aoo 0300 ooioo3 ePF Tax Due $ ~ ~M~' Stamp PT S X Date R~pA A mpro e 4-APR-0 Initials Vacant Land 7 Satisfactions/lltscharges/Releases t,rst rroperty owners tvtaumg r~adress TD 1~ RECORD & RETURN TO: TD SUSAN QUINN TUTHS, ESQ. TD 77 Hampton Road, Suite 2 Southampton, NY 11968 g Title Company Information Co. Name F( ~ T ~ T TC~ Title # 1'N 0 9 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached DEED made b Y (SPECIFY TYPE OF INSTRUMENT ) ALLAN ARRIETA The premises herein is situated in SUFFOLK COUNTY, NEW YORK TG In the Township of SOUTHOLD PECONIC LAND TRUST, INCORPORATED In the VILLAGE orHAMI.ETof MATTITUCK BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVEt. CONSULT YOUR LAWYER B~RE SIGNING THIS INSTRUMENT-THIS INSTRUM~ SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of March, 2007 BETWEEN ALLAN ARRIETA, residing at Finca La Charca, Barrio Y. Palmares, Alajuela, Costa Rica party of the first part, and PECONIC LAND TRUST, INCORPORATED, with offices at 296 Hampton Road, Southampton, NY 11968 party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and no/100ths ($10.00) dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE "SCHEDULE A" ANNEXED HERETO BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed made by Richard J. Maag dated October 6, 2004 and recorded in the Suffolk County Clerk's Office on October 21, 2004 in Liber 12350 cp 288. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party' shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ALLAN A TA, by J. KEVIN MCLAUGHLI his attorney-in-fact TO BE USED_l>~ WHEN THE ACKNOWLEDGMENT IS MAD NEW YORK STATE State of9Ne~w/York, County of Suffolk ss: State of New York, County of ss: On the rat 7'm'day of March in the year 2007 On the day of in the year before me, the undersigned, personally appeared Before me, the undersigned, personally appeared J. KEVIN MCLAUGHLIN personally known to me or proved to me on the basis of Personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/hertthelr signature(s) on the capacity(ies), and that by his/herttheir signature(s) on the instrument, the individual(s), or the person upon behalf of which instrument, the Individual(s), or the person upon behalf of which the individ//u..~~al~~(s~~)acted, exec~uteg/d t//J~he instrument. the individual(s) acted, executed the instrument. ~L(.lh.l.GC.I_ ~.lY~LL~C/3~ (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) NOTARY PUBLIC PATRICIA L. FALLOPI Notary Public, StatM Of New York PATR ? cf A L. ~ALCD No. 01FA4950146 ~ FAc~C ~-p~~(~ Qualified In Suffolk County JYO • 0 9 Commission Expires April 24,7 gUAC.S'UP/SDCK / TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YO K STATE State (or District of Columbia, Territory, or Foreign Country) of ss: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/herttheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 094.00 BLOCK 03.00 Title No. LOT 001.003 COUNTY OR TOWN ALLAN ARRIETA STREET ADDRESS TO PECONIC LAND TRUST, INCORPORATED Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distdbuted by SUSAN QUINN TUTHS, ESQ. 77 Hampton Road, Suite 2 Commonwealth Southampton, NY 11968 A LANDAMBgIG COMPANY COMMONWEALTH LAND TITLE INSURANCE COMPANY W U LL LL O C7 z 0 a O V W C LL W N 7 K O LL W U Q a H N_ S f W 1 K W N fT r~ FIDELITY NATIONAL TITLE INSURANCE COMPANY T[TLE N0.06-7404-67191-BUFF I~ SCHEDULE A-1 (Description) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly side of Oregon Road at the southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of Ann and Ralph Badagliacca; said point or place of beginning being distant the following two courses and distances from the corner formed by the intersection of the southerly side of Oregon Road and the easterly side of Elijah's Lane: 1. North degrees 08 minutes 10 seconds West along a tie line 56.81 feet; 2. North 63 degrees 53 minutes 30 seconds East along the northerly side of Oregon Road ] 50 feet to the true point or place of beginning; RUNNING THENCE North 25 degrees 40 minutes 00 seconds West 580.61 feet; THENCE South 63 degrees 53 minutes 30 seconds West 150 feet to a monument and land now or formerly of Robert G. Rowehl; THENCE North 25 degrees 40 minutes 00 seconds West along last mentioned land 1063.90 feet to a monument and land now or formerly of Randy Scott Shur, THENCE North 63 degrees 25 minutes 10 seconds East along last mentioned land 375.76 feet to a stake and land now or formerly of Jorg Menger and Kathleen Sorrels; THENCE South 26 degrees 13 minutes 40 seconds East along last mentioned land 1647.56 feet to a monument on the northerly side of Oregon Road; THENCE South 63 degrees 53 minutes 30 seconds West along the northerly side of Oregon Road 241.86 feet to the point or place of BEGINNING. , a + • 617.20 • Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be com leted b A licant or Pro ect S onsor i. APPLICANT/SPONSOR 2. PROJECT NAME Conservation Peconic Land Trust, Inc. Subdivision for Oregon Road 3. PROJECT LOCATION: a arCe Municipality Southold (Mattituck) county Suffolk 4. PRECISE LOCATION (SVeel address and road intersections, prominent landmarks, etc., or provide map) 3305 Oregon Road Mattituck, NY 5. PROPOSED ACTION IS: New ~ Expansion ~ ModificafloNalteraflon 6. DESCRIBE PROJECT BRIEFLY: TO SUbdlVlde Off the 2.5056 acre Development Rights Intact area with existing residence (Lot 1) from the 12.5056 acre farm. The Development Rights on the remaining 10 acres of farmland (Lot 2) was sold to the Town of Southold 3/07. 7. AMOUNT OF LAND AFFECTED: Initially 12.5 0 5 6 acres Ultimatery 12.5 0 5 6 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes ~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industrial ~ Commercial ©Agdculture ~ Park/FOresVOpen Space ~ Other Desaibe: The subject property is adjacent to residential and agricultural properties. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTI,~~~GL-" (FEDERAL, STATE OR LOCAL)? ~ w ® Yes ~ No If Yes, list agenq(s) name and pertniVapprovats: ,r~""'"~ K Town of Southold Planning and Suffolk County D~~tm~n gf~ ~ "~I' Health, Planning 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROWAL? ~ © Yes ~ No It Yes, list agency(s) name and penniUapprovals: ~ ~ _ -r ~ Portion of subject property is preserved f y 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE M DIFICATION? ~X Yes ~ No " I CERTIF THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BESTOF MY,Kt•{O,WLHDGE ~ ° T ApplicanUsponsorna e: _~PCOYLLG L/i>7~ T?6(S'++ ~nC x Date: Q Signature: If the action is in the Coastal Area, and you are a state aggency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 O~ ~F SOUr~! MAILING ADDRESS: PLANNING BOARD MEMBERS ~ H P.O. Box 1179 MARTIN H. SIDOR ~ ~ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS G Q Town Hall Annex KENNETH L. EDWARDS '~0 ~ 54375 State Route 25 DON~ALDSJ. WILCENSKI I~C~Un I (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1838 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: November 1, 2011 Re: Deferred Revenue The Final Plat application referenced below has been accepted by the Planning Board and the funds may be processed to the Revenue Account 6.2115.10. Thank you. Project Name & Type Tax Map # Amount Check Date & Number Oregon Rd/PLT Conservation 94-3-1.3 $850.00 2124/09 - #20776 Subdivision Final Plat A lication fee LR 1• • • • PART II • IMPACT ASSESSMENT To be com leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative deUaretion may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be hantlwdtten, if legible) Ct. Existing air quality, surface or groundwater qualk or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agrtcultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially atlopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMEMAL ARFA (CEA)? Yes ®No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ®No If Yes, explain briefly: PART III -DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise signifcant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurdng; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have bean identifed and adequately addressed. If question D of Part I I was checked yes, the determination of significance mustevaluate 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 ocwr. Then proceed directly to the FUL FAF andlor prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and anysupporting documentation, tha[the proposed action WlL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination ame o Lead gency Date dnt or ype Name o Responsible cer in Lead Agency Title o Responsible Officer ignature o Responsi a cer in Lea Agency ignalure o Preparer (I di rent rom responsible oKcer) • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~F Sl)//jy P.O. Box 1179 MARTIN H. SIDOR Ol0 Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS 54375 State Route 25 GEORGE D. SOLOMON ~O • (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~'`CQp~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: May 7, 2009 Re: Pavment Please deposit the attached check into the deferred account. Payment is for the Oregon Road Conservation Subdivision final plat application fee: application not yet accepted by the Planning Board. Applicant/Project Name & Tax Mnp # Amount Check Dnte/No. T Authorization Code Ore on RoadIPLT Cons. Subdiv. 94-3-1.3 $850 2/24/09 - 20776 LR Enc. • • MAILING ADDRESS: PLANNING BOARD MEMBERS pF SOUj l?.O. Box 1179 JERILYN B. WOODHOUSE O~~ y0 Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR N Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~a'CO~n~ ~ Southold, NY 1u7I111 PPP""" Telephone: 631 765-1838 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: January 6, 2009 Re: Checks The referenced application(s) haslhave been approved by the Planning Board and the check(s) may now be processed to revenue. Thank you. Project Name & Type Tax Mnp # Amount Check Date North Fork Self Stora a site Ian 96-1-1.2 3,349.00 12/10/08 Breeze Hill Farm site an 74-1-36 500.00 10!27108 PLT/Or on Rd./Arrieta Cons. subdiv 94-3-1.3 500.00 10/3/08 Ghassemi, S 8 Catherine subdiv. 31-1-1.2 500.00 12/1/08 LR ' ~ • • MAILING ADDRESS: PLANNING BOARD MEMBERS aQF SOU P.O. Box 1179 JERILYN B. WOODHOUSE O~~ Ty0 Southold, NY11971 Chair 'l ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G ~ 54375 State Route 25 GEORGE D. SOLOMON ~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND OI,yCOOi~ ~ Southold, NY 111, Telephone: 631 76b-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: November 7, 2008 Re: Pavment Attached is the check listed below. Payment is for deposit into a deferred account. Applicant/Project Nnme & Tax Map # Amount Check Date/No. T Authorization Code PLT/Oregon Rd./Arrieta 94-3-1.3 10/03/08 #20181 Conservation Subdivision Sketch A lication $500 LR Enc. • LASER FICHE FORM SUBDIVISIONS Project Tvge: Conservation Status: Fina4 Approval SCTM # 1000 - 94.-3-1.3 Project: Name:.. Peconic, Land Trust - Consenr. 2008 Location: 53' west of Eliiah's Land on the noith side of Oreoon Road Hami~t: Mattituck Applicant Name: Peconic Land Trust Owner Name: Peconic Land Trust Zone 1: A-C Approval Date: 6/8/2009 PLAT Sinned- Date: (~/g~Qg OPTIONAL ADD1TiONAL INFORMATION A daM intlieates tl~ ws h~vs roosNSd lM roletad mtormatbn Zon Zone 3: CandR's: ---T-- Homeowners Association R and M Astreement: Address: 3305 Orecon Road. Mattituck County Filing Date: SCANNED JUN 1 02009 Records Management SCAN Date: CONS:E,~VA~ON SU]BD]WJ[S][OH FOR O~N ROAD 51TUAIE:: MAI I ITUGK TOHN: 50UTHOLD 51.,IFFOLK c, OUN'r'r', NY FIRE PlSTRIOT No. 50 SCHOOL PlSTRIGT ,- ~Nq,~.. q APPLICANT, PECONIC LAND TRUST P.O. BOX SOUTHAMPTON, NEW YORK I Iq0q PECONIC LAND TRUST P.O. BOX SOUTHAh4PTON, NE~ ~ORK IIq~q % KEY' hdAP I"= 600' Teak Hole LAND IO-O0-2OO8 El- SEPTIC, S'r'STEM DETAIL NOT TO BE*ALE NONUN~NT FOUND ®RAPHIC SCALE 0 60 180 no~; bo stole ½ELL PETAIL nob ko stole o IOHN C. EHLERS LAND oUR ¢t~TOR 6 EAST MAIN STREET N.¥.S. L1C. NO. ~0202 RIVERI-I~AD, N.Y. 11901 369~g288 Fax 369-8287 REF:\\Compaqserver\pros\08\08-t 90.pro