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Home My WebLink About1000-120.-3-11.11 (2)E N ~TIE IN (~) ~°10'40''r= %,50.~2~ (~) ~°1210"E (~ S~0°49'10"E (~ ~8°1c"10"1= been appro~_ed bY3fle 8outhold Town Resolu~ Su'ClJrvisor, Town of $outhold N.Y.5. PLANE / \ ", ( \ \ I \ \ I \ \ \ \ \ / , \ \ \ \ ~I'I'E DATA TOTAL AREA = o.2.1~.~ A~ ~01~0 GONG.':-~.VATION ,~-~ItDDIVI'~ION EN~IhlL~-'~R'5 GERTIPIC, ATION C \ // ~¢; xN // FILE No.A-70 3 ,, FI~D ~ '- ' ~~. __ in~~~ ~ ~ I Mailing Address: P.O. Box 1547 Rivevhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK March 24, 2010 TEL: (631)369-8200 FAX: (631) 369-9080 E-mail: charles.cuddy@verizon.net Heather Lanza, Director of Planning Town of Southold Planning Department P.O. Box 1179 Southold, NewYork 11971 Re: Peter Harbes (P&E LLC)-Conservation Subdivision Dear Ms. Lanza: For your records, enclosed is a print of the Open Development Map filed with the Suffolk County Clerk on March 5, 2010. Very truly yours, Charles R. Cuddy CRC:ik This Is to certify t~le~ hes been npp~On~t~l.~,~O.~BOI~ Resolu~ ~Town of ~uthoI~ N.¥.D. PLANE NAD /~5 × \ × \ / \ x, / 51T~ PATA TOTAL A~EA = 22.1~5q A~-~D ,~01~0 GON,~EI~VATION DU~DIVISION ~=N~INt~=~,'O GE~TIt'::IGATION CUP. VE¥O~'¢ C. EP. TIFIGATION Mailing Address: RO. Bo:{ 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT L AW 445 GRI FFING AVENUE RIVERHEA1),NEW YORK March 5, 2010 TEL: (631)369-8200 FAX: (631) 369-9080 E-mail: charles.cuddy@verizon.net Heather Lanza, Director of Planning Town of Southold Planning Department P.O. Box 1179 Southold, NewYork 11971 Re: Harbes (P&E LLC) Dear Ms. Lanza: This is to advise that the Open Development Map was filed with the Suffolk County Clerk on March 5, 2010, as Miscellaneous Map #A-703. CRC:ik Very truly yours, ChiCles R. Cud_d_dy MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Subject: Ms. Heather Lanza, Planning Director Lynne Krauza, Secretary to Town Attorney February 1, 2010 P&E, LLC- Open Development Area Declaration of Covenants and Restrictions SCTM #1000-120-3-11.11 For your records, I am enclosing a certified copy of the Declaration of Covenants and Restrictions in connection with the referenced matter, which was recorded with the Suffolk County Clerk on January 7, 2010. We will retain a copy in our file. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosure Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 OR[ FFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-82130 FAX: (631) ~o9-9080 E-mail: charles.cuddy@verlzon.net Janua~ 19, 2010 Matin Finnegan, Town Attorney Southold Tom PO Box 1179 Southold, NY 11971 JAN 2 0 2010 Re.' P & E, LLC-Open Development Area Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Mr. Finnegan: In accordance with your letter of December 22, 2009 pertaining the above matter, we are now enclosing a certified copy of the Declaration of Covenants and Restrictions recorded wifh the Suffolk County Clerk on January 7, 2010 at Liber D00012612 Page 196. Please mark your records accordingly. CRC:ik Enclosure cc: Heather Lanza, Planning Director Very truly yours, Charles R. Cuddy COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC#: C10-714 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on0110712010 under Liber D00012612 and Page 196 and, that the same is ;, true copy thereof, and of the whole ot sucti original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0110712010 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION N~mBer of Pages: 4 Receipt N~,m~er : 10-0002177 District: 1000 Recorded: At: 01/07/2010 02:13:05 PM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $50.00 NO Fees Paid $115.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL J~DITH A. PASCALE Counts- Clerk, Suffolk County LIBER: D00012612 PAGE: 196 Section: Block: Lot: 120.00 03.00 011.015 EXAMINED AND CHARGED AS FOLLOWS Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument 31 Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES Page / Filing Fee Handling TP-584 Notation EA-5217 (County) Sub Total EA-5217 (State) R.P. TS.A. Comm. of Ed. Affidavit ~ified C op~.y Reg. Copy Other 4 [District Real Property Tax Service Agency Verification Sub Total ]~- ~'- GrandTotal / /~...~.'--' 1000 12000 0300 011015 1000 12000 0300 011016 5 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO I.~.f NO, see appropriate tax clause on page #. of this instrument. Community Preservation Fund Consideration Amount $. CPF Tax Due $. Improved Vacant Land TD TD TD Title Company Information Name Title # Suffolk County Recording & Endorsement Page This page forms part of the attached P & E. LLC TO TOWN OF SOUTHOLD Declaration of Covenants and Restrictions (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Laurel made by: BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property_ tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, NY 11901 (631) 727-3200 Brookbaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this ~ 04 day of January, 2010, by P & E, LLC a New York limited liability company with an office located at 935 Laurelwood Drive, Laurel, New York 11948, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Laurel, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-120-3-11.11 and more particularly described on the annexed Schedule A, which real property is the subject ora Open Development Area pursuant to Chapter 240 of the Town Code; and WHEREAS, for and in consideration of establishment of the Open Development Area on 3.78 acres of the 22.17 acres parcel consisting of three lots of approximately 1.26 acres per lot, the Town Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of Open Development Area that the within covenants and restrictions be imposed on said area, and that said Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the Open Development Area shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with Page 1 of 2 the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: 1. That a perpetual vegetative buffer shall be established on each lot, as shown on the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009, between the agricultural use and the residential use properties. The buffer shall be comprised of evergreen plants of such type, height, spacing and arrangement a will effectively screen the activity on the residential lot from the agricultural area. At a minimum, the planting shall consist of a double row of trees 6 feet in height planted at intervals of 10 feet on center. 2. All landscaped areas shall contain indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. 3. All driveways shall be constructed of a pervious material. 4. All residences constructed or located at this site shall include installation of gutters, leaders and drywells. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Peter Harbes, Member STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the ~dAday o'~/JtlU~t/x4 in the year 20~, before mc, the undersigned, personally appeared Peter Harbes, personally 1/~nown to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Page 2 of 2 Denise M. Cuddy Notary Public State of New York No. 01CU6178519 Suffolk County Comission Expires Dec. 3, 20L~ SCHEDULE A - DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York. BEGINNING at the point on the westerly line of Aldrich Lane, 200.00 feet northerly fi'om the northeasterly comer of land of Bakowski, said point of beginning being the northeasterly corner of Plot E and the southeasterly corner of the premises herein described; RUNNING THENCE along Plot E, South 71 degrees 31 minutes 30 seconds West 1,523.20 feet to land of Big E; THENCE along said land and along land of Fox, North 19 degrees 45 minutes 00 seconds West 642.0 feet to land of Kujawski; THENCE along said land North 73 degrees 31 minutes East 340.47 feet to Plot A; THENCE along Plots A, B and C, North 71 degrees 31 minutes 30 seconds East, 1,188.66 feet to Aldrich Lane; THENCE along Aldrich two courses: 1) South 21 degrees 55 minutes 20 seconds East, 149.39 feet; thence 2) South 18 degrees 25 minutes 20 seconds East 480.88 feet to the point of BEGINNING. Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FF~NG AVENUE RIVERHEAD, NEW YORK January 19, 2010 TEL: (631)369-8200 FAX: (631) 369-90~ E-mail: charles.cuddy@verizon.net Scott A. Russell, Supervisor Town of Southold PO Box 1179 Southold, NY 11971 Re: P & E, LLC c/o Peter Harbes-Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Supervisor Russell: You will recall that the Town Board by Resolution#731 dated August 25, 2009, approved the Open Development Area~of-.s 4-lot subdivision for P & E, LLC (Peter Harbes)which subdivision is located at Aldrich Lane, Laurel. In accordance with this approval the applicant deeded 18.3779 acres of development rights to the Town and the remaining 3.788 acres were divided into 3- residential lots. The applicant has complied with all of the requirements by the Planning Department and has recorded the Declaration of Covenants required by the Town Board's resolution and has satisfied all requirements for the sale of development rights to the Town. We therefore respectfully request that you sign the subdivision mylar maps and prints previously submitted and advise when it has been completed so we may file the subdivision map with the County Clerk. CRC/ik Eric. cc: Heather Lanza, Melissa Spiro, Very truly yours, Charles R. Cuddy~ Town Planner Land Preservation Coordinator Mailing Address: l~O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK TEL: (631) 369-820O FAX: (631) 369-9O8O E-mail: charles.cuddy@verizon.net January 19, 2010 Martin Finnegan, Town Attorney Southold Town PO Box 1179 Southold, NY 11971 Re; P & E, LLC-Open Development Area Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Mr. Finnegan: In accordance with your letter of December 22, 2009 pertaining the above matter, we are now enclosing a certified copy of the Declaration0~ts and Restrictions recorded with the Suffolk County Clerk ~¢o~'! January 7-, 20t0'at LibOr D0001~612 Page 196. Please mark your records accordingly. CRC:ik Enclosure ~ · cc: Heather Lanza, Plam.~'n__g~p~f_t.o~r~ ~ Very truly yours, '~Charles R. Cuddy MARTIN D. FINNEGAN TOWN ATTORNEY mar tin.finnegan@town.southold.ny .us ~I~NI~'~R ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us I~ORI M. HULSE ASSISTANT TOWN ATTORNEY lori{hulse@town.~outhokl.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT A. RUSSELL Supervisor ~./ '~, Town Hall Annex, 54375 Route 25 ~ P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 December 22, 2009 Charles R. Cuddy, Esq. 445 Grlffing Avenue Riverhead, NY 11901 RE: P & E, LLC - Open Development Area Aldrich Lane, Laurel, NY SCTM #1000-120-3-11.11 Dear Mr. Cuddy: Pursuant to your letter dated October 21, 2009 in connection with the referenced matter, please be advised that the proposed Declaration of Covenants and Restrictions is acceptable for recording with the Suffolk County Clerk. If you should have any questions, please feel free to contact me. MDF/Ik cc: Ms. Heather Lanza, Planning MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Southold Town Board Land Preservation Department November 18, 2009 P&E, LLC Open Development Area (ODA) Part of SCTM #1000-120.-3-11.11 In compliance with condition #1 as set forth in Resolution No. 2009-731 adopted by the Southold Town Board on August 25, 2009, regarding the approval of an Open Development Area for P&E, LLC, attached you will find a copy of the following: Grant of Development Rights Easement dated August 31, 2009, between P&E, LLC and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on October 15, 2009, in Liber D00012603, at page 145 /md CC: Charles R. Cuddy, Esq. w/attachment ~ Peter Harbes w/o attachment ~oUthold Town Board B~/I t ~ 2 20 ............. 6 ~e Fn~ 0 ugust 5, 0 9 ' RESOLUTION 2009-731 ADOPTED Item # 5.24 DOC ID: 5253 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-731 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2009: WHEREAS, on August 10, 2009 the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 for a Conservation Subdivision pursuant, to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P & E, LLC to establish an open development area pursuant to Chapter 240 of the Town code on property il:lentified as part of SCTM #1000-120-3-11.11 and located in the A-C zoning district; and WHEREAS, the requested Open Development Area is located on 3.78 acres of the 22.17 +/- acre parcel with the Open DevelOpment Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement; and WHEREAS, on August 11, 2009 the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for August 25, 2009; and WHEREAS, on August 25, 2009, the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and . WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore be it RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and it is further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area for P&E, LLC on the map prepared by Howard W. Generated August 27, 2009 Page 61 Sbuthold-'T6wn Board - r~--.: ~', .: Boi~9Ieeting of August 25, 2009 Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 subject to the following conditions: 1. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town 0f Southold Town Board on or before one year from the date of this approval. 2. Submission and recording with the Suffolk County Clerk of covenants and restrictions on the Open Development area containing the following provisions: a. The establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. The buffer shall be comprised of ex;ergreen plants of such type, height, spacing and arrangement as will effectively screen the activity on the lot from the agricultural area. As a minimum, the planting,shall consist ora double row oftrces 6 feet in height planted at intervals of 10 feet on center. b. All landscaped areas shall contain indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. c. All driveways shall be constructed ora pervious material. d. Installation of gutters, leader and drywells. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board of the Town of Southold has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, .~ustice AYES: Ruland, Orlando, Krupski .]r., Wickham, Evans, Russell Generated August 27, 2009 Page 62 CC fi: C09-42199 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certif7 that I have compared the annexed with the original EASEMENT recorded in myoffice on1011512009 under Liber D00012603 and Page 145 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1011512009 SUFFOLK COUNTY CLERK JUDITH A, PASCALE SEAL OCT 15 2009 DEPT OF LAND PRESERVATION SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT N-~e_r of Pages: 25 Reoeipt N~m~er : 09-0118936 TRANSFER TAX NUMBER: 09-06190 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 120.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $1,082,659.50 Received the Following Fees For Above Instrument Exempt Page/Filing $125.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $16.25 NO RPT Transfer tax $0.00 NO Fees Paid TRANSFER TAX NUMBER: THIS 09-06190 PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1o/15/2oo9 12:37:38 PM D00012603 145 Lot: 011.015 Exempt $20.00 NO $15.00 NO $0.00 NO $50.00 NO $0.00 NO $236.25 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page / Filing Fee / ~'"'- -- ~ ~. oo Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit NYS Surcharge Other 4 [ Dist./~ Real Property Tax Service Agency Verification RECORDED 2009 Ocl 15 12:37:38 PM Judilh'fl. Rascale CLERK OF SUFFOLK COUNTY L D00012603 P 145 bT% 09-06190 Deed / Mortgage Tax Stamp FEES Sub ~otal /.5~.-- ,5. 00 SuhTo ~ iooo 12ooo o3oo olloi5 // 1000 12000 0300 01101.6 ;afisfacfion~isch~gcs~clcascs List Pro~ Ownc~ M~ling Ad.ss ~CO~ & ~ TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spcc./Assit. or Spec./Add. TOT. MTG. TAX Dual Town , DQal County __ Held for Appointment Transfer Tax ~/9.{/. _~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. ~- YES__ or NO If NO, see appropriat~ tax clause on page# of this instrumcn3/~l/O 5 Community Preservation Fund Consideration Amount $ //tOJ>.~./~O~ CPF Tax Due $ ~ Improved Vacant Land Mail to: Judith A. Pascale, Suffolk County Clerk [ 7 I Title Company Information 310 Center Ddw, Rivorhoad, NY 11901 www'Suff°lkc°untyny'gOV/clerk ' I Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached/~^ t ~. tjA~j~V.9._ ~g.'.O~t/67_O/~/~.-Atg.. ~rt~O//7.J. (SPECIFY TYPE OF INSTRUMENT) Pg- ~/5 j Z ~__... The premises herein is situated in s o Koo . , N W O K. made by: TO In the TOWN of ~.~d/./"/7~/.~ or H~ET of ~~ BO~ 6 ~U 8 MUST BE ~ED OR P~D ~ BLACK ~ O~Y P~OR TO RECO~G OR ~G. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 31st day of August, 2009 at Southold, New York. The parties are P & E, LLC with offices at 5645 Aldrich Lane, Laurel, NY 11948, c/o Peter Harbes, Managing Member (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 11971 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of S0uthold, Suffolk County, New York, identified as part of SCTM #1000-120-3-11.11, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey dated August 24, 2009 and last revised August 27, 2009 prepared by Young & Young, Howard W. Young, Land Surveyor (a copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of South~lcl; 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 used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), 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 §272-a of the New York Town Law ("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 ONE MILLION EIGHTY- TWO THOUSAND S:[X HUNDRED FIFTY-NJ'NE THOUSAND AND 50/:[00 DOLLARS ($:[,082,659.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby 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 HAVEAND 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 itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 0.0! 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, except as set forth in Stewart Title Insurance Company Title No. ST09-04855. 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 and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("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 reso u rces. 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 instrument 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 Recoqnition 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 General Municipal Law §247. Similar recognition by the federal government includes §i70(h) of the Internal Revenue Code and other federal statutes. .0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the 3 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 activlties on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated August 24, 2009 and last revised August 27, 2009 prepared by Young & Young, Howard W. Young, Land Surveyor, a 2004 aerial photograph of the Property, the Phase ! Environmental Site Assessment prepared July 24, 2009 by Nelson, Pope & Voorhis, LLC, a Daily .]ob Report dated August 24, 2009 from Miller Environmental Group, !nc. and "Private Non- Hazardous Document of Cargo" No. 101343 from Hiller Environmental Group, 1nc. as Transporter, Town of Southold Planning Board resolution adopted August 10, 2009 regarding sketch Plan approval for Grantor's proposed Conservation Subdivision for all of SC'TH #1000- 120-3-11.11, which includes the Property, and Town Board resolution adopted August 25, 2009 granting approval for the establishment of an Open Development Area, all on file with the Town Land Preservation Department. Grantor and Grantee acknoWledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 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 Type 4 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. :L02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including 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 "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean 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, nursery mats, the underground utilities presently existing and referenced in an easement recorded simultaneously herewith and described in Section 4.06 herein or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration 5 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 Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TVVO SALE GRANTOR, for ONE MILLION EIGHTY-TWO THOUSAND SIX HUNDRED FIFTY-NINE THOUSAND AND 50/100 DOLLARS ($1,082,659.50) and such other good and valuable consideration, hereby grant, release, and convey 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 Except as provided herein, no structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 1.02 and 4.06 of this Easement. 6 3.02 Excavation and Removal of Materials; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. This 3.02 does not prohibit the grading of the Property for the construction of the greenhouses, provided Grantor has obtained all necessary approvals for such grading and the erection of greenhouses, including but not limited to from the Land Preservation Committee, and such other approvals as the Town Code may require. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided herein, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 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 from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold ("Planning Board"), the Land Preservation Committee and as otherwise required by applicable law, subdivide the Property, provided that ail resulting parcels contain at least 10 acres of preserved land subject to a development rights easement or other agricultural conservation instrument. Notwithstanding this provision, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 7 3.04 Dumpinq 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 Siqns 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, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. The Property may not be used for the creation or placement of utilities to service any other properties, except for underground utilities presently existing, and referenced in an easement recorded simultaneously herewith in the Office of the Suffolk County Clerk and described in Section 4.06 herein. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, 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, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(j) of the Agriculture and 8 Markets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current 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. 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. 3.:1.0 Development Riqhts Grantor and Grantee acknowledge that Grantor received Sketch Plan approval from the Planning Board on August 10, 2009 for a Conservation Subdivision, as shown on a Sketch Plat prepared by Howard W. Young, L.S, (the "Sketch Plat") which includes 74,998 square feet of clustered conservation open space (the "clustered conservation open space") located within the Property, which shall remain unbuildable. Except for the clustered conservation open space described in this Section 3.10, and described in the Planning Board Sketch Plan approval dated August 10, 2009, the use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Except as provided above, Grantor hereby grants to Grantee all other existing development rights (and any further development rights that may be created through a rezoning of the Property) on the 9 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 or elsewhere in this Easement, and the parties agree that any other such development 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. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future. 4.04 Landscapinq Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. 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, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 10 4.05 Aoricultural Production and Activiti~ Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other agricultural conservation instrument, including but not limited to farm stands if they are permitted in the future. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Underground utilities presently existing and referenced in an easement recorded simultaneously herewith, said easement area shown on the Survey; (iii) Construction of new structures, provided such structures are necessary for and accessory to agricultural production; (iv) Renovation, maintenance and repairs of any 1! existing structures and improvements or structures and improvements built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (v) Any improvement excluded from the definition of "Structure" in Section 1.02; 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. No new construction is permitted outside of the area described in paragraph 4.06A(ii) above. 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. Grantors 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 or improvements built or permitted pursuant to this Section 4.06 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 the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability 12 Grantor shall have the right to convey, mortgage or lease all of its remaining 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 recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBUGATIONS 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. 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, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or 13 assessments upon i.t or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources ConservatiOn Plan (the "Plan") approved by Grantor (which approval by Grantor shall not be unreasonably withheld) and by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the' condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. 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, 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 14 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 5.04 and 6.03, or to permit access upon the Property. .6.02 Restoration ~[n addition to Grantee's remedies under Section 5.04, 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. 6.03 Enforcement Riqhts 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 as a 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 ten (10) days' written 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 15 (iii:) To enforce any term, provision, covenant or obligation in this Easement or 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 be accomplished within 10 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, 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 to 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, 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. Extinquishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the 16 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. 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 Property 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 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 Understandinq This Easement contains the entire understanding between the 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 Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the 17 requirements of §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 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, 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 those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability 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 the State of 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 18 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 affect 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 their 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 it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq 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.:L0 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. iN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: By.' Peter Harbes, Managing Member 19 ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee Scott A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this,~/-~day of ,~/~'4/~7- in the year 2009 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(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. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: PATRICIA L FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires ^pri[ 24, On this day of in the year 2009 before me, the undersigned, personally appeared PETER HARBES 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. Notary Public PATRICIA L FALLON Notary Public, State Of New York No. 01 FA49§0146 Oualified In Suffolk County Commission Expires April 24, 2O ALTA OWNER'S POLICY (6/17a)6) SCI~F~DULE A DESCRIffrION File No.: ST09-04855 Policy No.: O-8911-487781 DESCRIIq~ON OF DEVELOPMENT RIGHTS EASEMENT AREA TO BE INSURED: A! J- that ee~ain plot, piece or parcel of land, situate, Iyin~ and being at Laurel, Town of Southold, County of Suffolk and State of New York, being more panic.lsrly bounded and described as follows: BEGINNING at the point on the westerly line of Aldrich Lane distant the following five (5) eourses and distances from lhe intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees l0 minutes 40 secouds East, 750.62 feet; South 36 degrees 12 minutes 10 seconds East, 206.05 feet; South 40 degrees 42 minutes I0 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 61.81 feet; Soulix 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set, the true point or place of beginni,lg; RUNNING THENCE along said westerly side of Alddoh Lane South 35 degrees 12 minutes 10 seconds East, 50.09 feet to a set monun~nt; THNaNCE South 58 degrees 14 minutes 40 seconds West, 278.94 feet; TItENCE South 31 degree~ 42 minutes 10 seconds Hast, 580.01 feet to land now or formerly of EWH, LLC; THE/qCB along said land South 58 degrees 14 minutes 40 seconds We~t, 1238.18 feet to land now or formerly of Big "E" Farm, Inc.; THENCE along said land North 33 degrees 01 minute~ 50 seconds West, 642.00 feet to a set monument at thc land now or formerly of MDH Limited Liability Company; THENCE along said land North 60 degrees 14 minutes 10 seconds East, 340.47 feet to land now or formerly of Patricia DiVello; THENCE along said land and cominuiag along land now or formerly of KKP, I~LC and other lands now or form~y of Patdcla DiVello, No~h 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the westerly side of Aldrich Laae, the point or pLace of BEGINNING, I~OR INFORMATION: DI~CRIPTION OF DEVELOPMENT RIGHTS EASEMENT AREA AND RESERVED AREA: AT.L that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINlqIlqG at the point on the westerly line of Aldrich Lane distant the following five (5) cours~ and distances from the intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minute~ 40 seconds East; 750.62 feet; South 36 degrees 12 minutes 10 seconds East, 206~05 feet; South 40 degrees 42 minutes I0 seconds East, 46.93 feet; South 38 degrees 12 minutes 10 seconds East, 61.81 feet; South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set, the tmc point or place of beginning; RUNNING THENCE along said westerly side of Aldrich Lane South 35 degrees 12 minutes 10 seconds East, 149.39 feet; THENCE continuing along said westerly side of Aldrich Lane South 31 degrees 42 minutes 10 seconds East, 480.88 feet to land now or formerly of EWH, LLC; TttHIqCE South 58 degrees 14 minutes 40 seconds West, 1523.20 feet to land now or formerly of Big "E" Farm, Inc.; THENCE along said land North 33 degrees 01 minutes 50 seconds West, 642.00 feet to a se~ monument at ~e land now or formerly of ]MDH Limited Liability Company; THEnCE along said land North 60 degrees 14 minutes 10 seconds East, 340.47 feet to land now or formerly of Patdcia DiVello; THENCE along said land and continuing along land now or formerly of KKP, LLC and other lands now or formerly of Patricia DiVelio, North 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the westerly side of Aldrich Lane, the point or place of BEGINNING. FOR INFORMATION: DESCRIPTION OF RESERVED AREA: ~,I.l. that certain plot, piece or parcel of land, situate, lying and being at Laurel, Town of Southold' County of Suffolk and State of New York, being more particularly boand~l and described as follows: BEGINNING at the point on the westerly line of Aldrich Lane distant the following five (5) course~ and d~stances from the intersection of the southerly side of Sound Avenue and the westerly side of Aldrich Lane: South 32 degrees 10 minutes 40 seconds East, 750.62 feet; South 36 degrees 12 minute~ 10 seconds East, 206.05 feet; South 40 degrees 42 minutes 10 seconds Fast, 46.93 feet; South 38 degrees 12 minutes I0 seconds East, 61.81 feet; South 35 degrees 12 minutes 10 seconds East, 135.00 feet to a rebar and cap set; South 35 degrees 12 minutes 10 seconds East, 50.09 feet to a set monument, the true point or place of beginning; RUNNING THENCE South 58 degrees 14 minutes 40 seconds West, 278.94 feet; THENCE South 31 degrees 42 minutes 10 seconds East, 580.01 feet to land now or formerly of EWH, LLC; THENCE. along said land North 58 degrees 14 minutes 40 seconds East, 285.02 feet to the westerly side of Aldrich Lane; THENCE No~h 31 degrees 42 minutes 10 seconds West' 480.88 feet along the westerly side of Aldrich Lane; THF_.NCE continuing along the westerly side of Aldrich Lane North 35 degrees 12 minutes 10 seconds West' 99.30 feet to the point or place of BEGINNING. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971-0959 To: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator August 31,2009 P&E LLC to TOWN OF SOUTHOLD plo SCTM #1000-'t20.-3-11.11 Tax Assessors Building Department Data Processing Town Comptroller Stewardship Managers Peconic Land Trust, Inc. The Nature Conservancy Please be advised that the Town has acquired a development rights easement on the agricultural property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: RESERVED AREA: ZONING: FUNDING: MISCELLANEOUS: 5655 Aldrich Lane, Laurel part of 1000-120.-3-11.11 P&E LLC (Peter Harbes) Monday, August 31,2009 $1,082,659.50 (based on 16.6563 buildable acres @ $65,000/buildable acre) 22.1659 acres 18.3780 acres (includes 1.7217 acres of required subdivision open space as set forth in Planning Board resolution adopted 8/10/09) 3.7879 acres (ODA) A-C CPF 2% Land Bank This property is listed on the Community Preservation Project Plan list. It is located to the north of Town preserved farmland that is also owned by Peter Harbes. Planning Board granted sketch plan approval for Conservation Subdivision on 8/10/09.The Town Board adopted a resolution on 8/25/09 accepting landowners petition and granting approval for an Open Development Area (ODA) on the 3.7879 acres Reserve Area, subject to certain conditions being met. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF $OUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Martin Finnegan, Town Attorney....~, From: Mark Terry, Principal Planner Re: Proposed Open Development Area for P&E, LLC Date: August 24, 2009 As requested, I have reviewed the petition to establish an Open Development Area for P&E, LLC. pursuant to Chapter 240 Subdivision of Land; Article VIII of the Southold Town Code. The action is unlisted. Attached, please find a Negative Declaration for the proposed action pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. I can be reached at extension 5022 with questions. enc. Cc: Jennifer Andaloro, Assistant Town Attorney PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair v~riLLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance August 25, 2009 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 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 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 Open Development Area for P&E, LLC SCTM#: SCTMs#1000-120-3-11.11 Location: 5645 Aldrich Lane, Laurel, NY 11901 SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The establishment of an Open Development Area located on 3.78 acres of the 22.17 +/- acre parcel with the Open Development Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. 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. The determination was based upon the following: This project will create an open development area on a 22.1659-acre parcel; preserving 18.3779 acres of agricultural farm land. The development rights on the preserved 18.3779 acre parcel, will be sold to the Town of Southold. The remaining 3.783 acres are being subdivided from the preserved land to allow for the potential future development pursuant to Article VIII of Southold Town Code which states "the Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by right-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the open development area." In the event that the open development area is developed in residential lots, the permissible maximum yield is three. The three lots would be recognized as clustered lots. The subdivision open space of the clustered lots would equal 1.73 acres and comprise a portion of the preserved area. The proposed action will not result in: ]. A 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. A 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. A significant impairment in the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 4. A major change in the use of either the quantity or type of energy. 5. The creation of a hazard to human health. (~. 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. Material conflict with the community's current plans or goals as officially approved or adopted by the Town of Southold in that this proposed action is reducing density and preserving 80 percent or 18.37 acres of the buildable lands currently in agricultural production. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Persons: Mark Terry, Principal Planner or Tamara Sadoo, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 RESOLUTION 2009-731 ADOPTED DOC ID: 5253 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-731 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2009: WHEREAS, on August 10, 2009 the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 for a Conservation Subdivision pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P & E, LLC to establish an open development area pursuant to Chapter 240 of the Town code on property identified as part of SCTM #1000-120-3-11.11 and located in the A-C zoning district; and WHEREAS, the requested Open Development Area is located on 3.78 acres of the 22.17 +/- acre parcel with the Open Development Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement; and WHEREAS, on August 11, 2009 the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for August 25, 2009; and WHEREAS, on August 25, 2009, the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore be it RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and it is further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area for P&E, LLC on the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 subject to the following conditions: Resolution 2009-731 Board eeting of August 25, 2009 1. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. 2. Submission and recording with the Suffolk County Clerk of covenants and restrictions on the Open Development area containing the following provisions: a. The establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. The buffer shall be comprised of evergreen plants of such type, height, spacing and arrangement as will effectively screen the activity on the lot from the agricultural area. As a minimum, the planting shall consist ora double row of trees 6 feet in height planted at intervals of 10 feet on center. b. All landscaped areas shall contain indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. c. AIl driveways shall be constructed of a pervious material. d. Installation of gutters, leader and drywells. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board of the Town of Southold has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 8/25/2009 3:23 PM by Lynne Krauza Page 2 PLANNING BOARD MEMBERS 1V[ARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Memorandum To~ From: Re: Date: Elizabeth A. Neville, Town Clerk Heather Lanza, Town Planning Director Petition Request for Open Development Area of P & E, LLC c/o Peter Harbes, Aldrich Dane, Laurel, NY SCTM# 1000-120-03-11.11 August 11, 2009 As per your request of August 3, 2009, attached please find a copy of the August 10, 2009 Planning Board Resolution granting Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 29, 2009, for the proposed Conservation Subdivision ofP & E, LLC c/o Peter Harbes. The Planning Board has carefully reviewed the petition submitted by the applicant to the Town Board requesting the creation of an Open Development Area and finds the petition to be complete and correct. The Planning Board would like to note, however, that although Southold Town Code Article VIII - Open Development Area, §240-28 (C) requires the following to be submitted to the Town Clerk's Office prior to the creation of an Open Development Area: "An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board", an executed contract for the Sale of Development Rights on 18.37 acres exists and is on file with the Town of Southold Land Preservation Department. The Planning Board recommends that the Town Board consider that their approval to create an Open Development Area for P & E, LLC, c/o Peter Harbes be conditioned upon the following: P & E~ LLC/Harbes PaRe Two August 11, 2009 The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town of SouthoM Town Board on or before one year from the date of this approval. The Planning Board further recommends that the Town Board consider placing Covenants and Restrictions upon the Open Development Area based upon the Town of Southold's LWRP recommendations, which are listed below: To minimize use conflicts, in lieu of 3~ 161-44 - StreetTtrees. and 3~ 240-49 - Clearing Requirements of the Southold Town Code, consider the establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. a. It is recommended that the buffer be comprised of evergreen plants of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from the agricultural area. At a minimum, the planting shall consist of a double row of trees 6feet in height planted at intervals of l0 feet on center. To further Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: a. Require that all landscaped areas use indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. b. Require that all driveways be constructed ora pervious material to minimize storm water impacts. c. Require the installation of gutters, leader and drywells to minimize storm water impacts Thank you. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND August11,2009 PLANNING BOARD OFFICE TOWN OFSOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Sketch Approval: Proposed Conservation Subdivision for Peter Harbes Located at 5645 Aldrich Lane, Laurel SCTM#:1000-120-3-11.11 Zoning District: A-C Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 10, 2009: The public hearing was closed. WHEREAS, this proposed conservation subdivision is to subdivide a 22.1659 acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 square feet), Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800 square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which The Town of Southold will purchase the Development Rights in August 2009 for the purpose of farmland preservation; and WHEREAS, an application for sketch approval was submitted on June 26, 2009, including the sketch plan prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised July 2, 2009; and WHEREAS, on July 6, 2009, the Southold Town Planning Board, reviewed and accepted the application for formal review; and WHEREAS, this proposed conservation subdivision has 74,998 square feet of clustered conservation open space located within Lot 4 "Agricultural Preserve" which shall remain unbuildable pursuant to Southold Town Code §240-42; and WHEREAS, on July 8, 2009, referrals were sent to the following agencies for comment on the above-referenced project: Peter Harbes Pa,qe Two ~ Town of Southold Engineer · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; and WHEREAS, on August 6, 2009, Suffolk County Planning submitted their comments and approved the above-referenced application; and WHEREAS, on August 6, 2009, the Southold Town LWRP Coordinator submitted comments on the above-referenced application; and WHEREAS, on August 6, 2009, the Southold Town Engineer submitted comments on the above-referenced application; and WHEREAS, those comments have been considered and accepted by the Southold Town Planning Board and have been incorporated into the sketch plan for the above- referenced application; and WHEREAS, the submitted application meets all of the requirements for sketch approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 29, 2009. Sketch Plan Approval is valid for six months from the date of issuance, unless extended by resolution of the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman S~I WORK SESSION AGENDA THOLD TOWN PLANNING BOARM Monday, August 10, 2009 4:30 p.m. 4:30 p.m. Applications Site Plans Locat on 3705 A yah s Lane Cutchogu ........ Description: i This amended agricultural site plan is to remove an existing greenhouse ~' and replace it with an 8,558 square foot agricultural barn with loft and i loading dock on a 1.837-acre parcel in the A-C Zoning District located on i the west side of Alvah's Lane, approximately 1,855.07 feet south of the ; intersection of A!~ah's Lane an~d.CR 48~.~in Cutcho~l~ Status: Amended Site Plan Act on Rev ew new mater a submitted. Attachments: Subdivisions End of Mill Road in Mattituck ! Locationl ................. Description: This proposal is for a standard subdivision to create a total of 5 lots from a 24.9 acre parcel bordering Mattituck Creek in the R-80 Zone. One three-story house exists on the parcel. Minimum lot size proposed is 2.0174 acres. ........................... .............................................................................. Action: i Discuss site visit. Atta(~hments: Project name: i Peter Harbes - Conservation i Subdivision Location: Aldrich Lane Laurel Description: This proposed conservation subdivision is to subdivide a 22.1659-acre parcel into 4 lots, one of which the Town of Southold will purchase the Deyel0pr~e~.~..!~!g!~.ts..~[ .!.~ac. ms .fo.[.f.a~mland. p~e~ ~a~!~.: Stat_us~ . . i O,oe_n ............................................................................................ Action: ~ Review referrals submitted. Discussion: · Hamlet Implementation Panel up-date- Fishers Island · Comprehensive Plan Up-date · Planning Report for change-of-zone application for former Hollister's site 5:30 p.m. Review Public Meeting Agenda Mailing Address: RO. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369 8200 FAX: (631) 369-9080 E-mad: charles.cuddy@verizon.net August 7, 2009 Ms. Tamara Sadoo, Town Planner Southold Town Planning Department PO Box 1179 Somhold, NY 11971 Re-' P & E, LLC-Conservation Subdivision Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Ms. Sadoo: In connection with a public hearing scheduled for the above subdivision on August 10, 2009, we are enclosing an Affidavit of Posting together with the certified mailing receipts and signed green return receipts cards. Please make these part of your file. Thank you. CRC:ik Enclosure Very truly yours, Char-l~s~R. Cuddy Re: PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY To: From: Date: Re: Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE Tow Martin Sidor, Chair Town of Southold Planning Board.(,~ Mark Terry, Principal Planner ~'~ LWRP Coordinator August 7, 2009 Proposed Conservation Subdivision/ODA for Peter~,;!~rbes'-~'--"-' This site is located 5645 Aldrich Lane, Laurel SCTM #1000 120.-3-11.11 Zone: AC This proposed 80/60 Conservation Subdivision is to subdivide a 22.1659-acre parcel into four (4) lots: Lot 1 equals 1.2650 acres (55,100 square feet, Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800 square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which The Town of Southold will purchase the Development Rights in August 2009 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 on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP, provided that the below recommendations are required for the approval of the lots in the Open Development Area: 1. To minimize use conflicts, in lieu of § 161-44. Street trees, and § 240-49. Clearing. requirements of the Southold Town Code, consider the establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. It is recommended that the buffer be comprised of evergreen plants of such type, height, spacing and arrangement as, in the iud.qment of the Plannin.q Board, will effectively screen the activity on the lot from the agricultural area. As a minimum, the planting shall consist of a double row of trees 6 feet in heiqht planted at intervals of 10 feet on center. 2. To further Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; the followin,q best management practices are recommended: a. Require that all landscaped areas use indiRenous, drou,qht tolerant ve.qetation in landscapin.q to minimize irriRation and the use of synthetic fertilizers and herbicides. b. Require that all driveways be constructed of a pervious material to minimize storm water impacts. c. Require the installation of qutters, leader and dryweils to minimize storm water impacts These requirements could be memorialized in a Covenant and Restriction or a Resolution at this stage. 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, Senior Planner Heather Lanza, Director of Planning COUNTY OF SUFFOLK DEPARTMENT OF PLANNING STEVE LEVY SUFFOLK COUNTY EXECUTIVE August 5, 2009 THOMAS A. ISLES, A.I.C.P. DIRECTOR OF PLANNING Town of Southold Planning Board Office PO Box 1179 Southold, New York 11971 Att: Ms. Tamara S. Sadaoo, Planner Dear Ms. Sadaoo: Re: Application of"Peter Harbes" SCTM No.: 1000 12000 0300 011011 SCPC File No.: S-SD-09-06 Pursuant to the requirements of Sections A 14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on August 5, 2009 reviewed the above captioned application and after due study and deliberation resolved to Approve it subject to the following comments: Comments: JHC:ds LOCATION H, LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY Proposed lots 1, 2, 3 which are adjacent to cultivated farmlands should be designed to ensure non- interference with the agricultural use of the adjoining tracts and to avoid conflicts between the farmer and occupants and visitors of non-farmland areas. All prospective owners of land proposed for development adjacent to an active farm, or within 500 feet of farms within a N.Y.S Agricultural District, should be informed by means of an advisory covenant and a note on the development map, of the location of the active farmland and that adjacent occupants may be subject to the noise, dust, odors and spraying applications normally associated with agricultural activities. An easement should be placed on proposed lot 4 restricting the use to open space or agricultural use. This should be done to insure that there is no future commercial or residential development on land designated for conservation. The proposed greenhouses should be constructed and maintained in a way that insures that storm water runoff remains on site and does not cause farmland erosion. The proposed greenhouses' height, color, reflectivity and orientation should be carefully considered to reduce the visual impacts and protect existing viewsheds. Very truly yours .... Thomas A. Isles } ~' Director of Planning ~-~'i~:. ' . r '~ on'al j, 13 Planner . _ MAILING ADDRESS ' .~.~ P, O, BOX 6100 (631) 85~-51~ HAUPPAUGE, NY 11788-0099 ~'~, T~LEcoPIER (631) 853-.4044 No. S-SD-09-06 Resolution No. ZSR-36 of the Suffolk County Planning Commission Pursuant to Sections A 14-24 of the Suffolk County Administrative Code WHEREAS, pursuant to Sections A 14-24 of the Suffolk County Administrative Code, a proposed subdivision was received at the offices of the Suffolk County Planning Commission on July 14, 2009, with respect to the application of"Peter Harbes" on land situated on the west side of Aldrich Lane and approximately 1200 feet south of Sound Ave WHEREAS, said application was considered by the Suffolk County Planning Commission at its meeting on August 5, 2009 and now therefore, Be it RESOLVED, Appro~(al with the following comments: Comments: Proposed lots 1, 2, 3 which are adjacent to cultivated farmlands should be designed to ensure non-interference with the agricultural use of the adjoining tracts and to avoid conflicts between the farmer and occupants and visitors of non-farmland areas. All prospective owners of land proposed for development adjacent to an active farm, or within 500 feet of farms within a N.Y.S Agricultural District, should be informed by means of an advisory covenant and a note on the development map, of the location of the active farmland and that adjacent occupants may be subject to the noise, dust, odors and spraying applications normally associated with agricultural activities. An easement should be placed on proposed lot 4 restricting the use to open space or agricultural use. This should be done to insure that there is no future commercial or residential development on land designated for conservation. · The proposed greenhouses should be constructed and maintained in a way that insures that storm water runoff remains on site and does not cause farmland erosion. · The proposed greenhouses' height, color, reflectivity and orientation should be carefully considered t9 reduce the visual impacts and protect existing viewsheds. Motion by: Commissioner Braun Commission Vote: Present - 9 Seconded by: Commissioner McAdam Ayes Nays Abstentions AYE NAY ~[BSTA1N ABSENT SARAH LANSDALE, At-Large X CHARLA BOLTON, At-Large X ROBERT BRAUN, Smithtown X BARBARA ROBERTS, Town of Southampton X JOHN CARACIOLLO, Town of Huntington X L1NDA HOLMES, Town of Shelter Island X ADRIENNE ESPOSITO, Villages over 5,000 X DAVID CALONE, Town of Babylon X CONSTANTINE KONTOKOSTA, Vill. Over 5,000 X VINCENT TALDONE, Town of Riverhead X JOSHUA HORTON, At-Large X TOM MC ADAM, Town of Southold X MICHAEL KELLY, Town of Brookhaven X JOSEPH POTTER, Town of East Hampton X Dated: August 5, 2009 Legislative Auditorium, 725 Veterans Memorial Highway, Hauppauge, NY Suffolk County Planning Commission AFFIDAVIT OF POSTING This is to serve notice that I pemonally posted the property known as 5645 Aldrich Lane, LAurel, New York; SCTM#1000-120-3-ll.ll 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 August 2, 2009 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 July 31, 2009 Charles R. Cuddy Your Name (print) Signature ~ PO Box 1547, Riverehad, NY 11901 Address Date Notary Public Notary Public, State of New York No. 01KO6088386 ~oOualifled In Suffolk County mmlsslon Expires March 3, 2~1/ PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 8/7/09 Re: Proposed Conservation Subdivision for Peter Harbes, P & E, LLC SCTM#s: 1000-120-3-11.11 Date of Hearing: Monday, Au.qust 10, 2009, 6:00 p.m. Sent To David and Dana M. Demchuk MDH LLC Harbe · ~[~'~£ ~. ~.; Sent ~ ; Patricia Divel g Matti · tt.m= o =m .ta · Pfl~ y~r name ~d add~ on the mv~ ~we~ ~m~ ~ to you. · A~ ~ ~ ~ ~ ~ ~ ~ m~lpl~, ~on~ff~. MDH LLC c/o Harbes 555 SOund Avenue Mattituck, NY 11952 ; 18dellv~a~d~ss ~tlffemnt~'nYtem 17 [] Yes If YES, enter deiiv~y address below: [] No ~] O. bT.~d Moll n Expmes Mall n Registered b~ Return Reoelpt for ~lse [] Insured M~II [] C.O.D. 7008 0500 0000 9527 9141 : PS Form 3811, February 2004 EWHLLC c/o Harbes 555 SOund Avenue Mattituck, NY 11952 D. I~ dellvee/addmes different from Item 17 Yes ff YES, enter delNery addre~ below, [] No [] Registered ~Re~um Receipt ~ I~ ~1 ~ C.O.D. 4. ~~ 8793 1797 2. AdZe Number (rmu~'e,- eom esm4¢e 7009 0060 0001 PS Form 3811, Fabruary 20o4 ? · Complot~ltomo 1, 2, and 3. ~d~ oomploto Rem 4 If Restricted DelNef'/Is G~lred. · Print your name and addre~ On the reveme · Attach this card to the back of the mallplece, DavidDemchuk Dana M. Demchuk PO Box 968 Mattituck, NY 11952 0 Aoent ~o..~,,.~ 7008 0500 0000 PS Form 3811, February 20o4 Dom,~c Return ~ 9527 9127 SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631)-765 - 1560 JAMIE.PdCHTER~TOWN.SOUTHOLDNY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Dear Mr. Sidor: Re: August6,2009 Peter Harbes - Conservation Subdivision 5645 Alddch Lane, Laurel, NY SCTM #: 1000-120-03-11.11 As per a request from your office, I have reviewed the site plan for the above referenced project. This plan has been prepared by the office of Young & Young and has been dated 1/11/09. Please consider the following: This parcel of land is reasonably fiat and has a gradual slope of approximately 1:100. It is also located in an area ware there is reasonably good drainage. However, I would like to recommend some type of covenant and restriction that would require the property owner to control storm-water run-off on site. C&R's can be as passive as maintaining existing site conditions or establishing limits with regard to how the site may be graded in the future. C&R's should be conditioned to prevent drastic site changes that may cause flooding of the adjacent properties. The three residential lots will be providing drainage plans when building permits are filed. Therefore, it will not be necessary to address drainage plans for future residential construction. All other development or proposed construction must comply with the requirements of Town Code Section 236 for Storm-water Management. Curb Cuts and driveway access to Aldrich Lane for all proposed development should be reviewed and approved by the Highway time of construction. If you have any questions regarding'thiS review CC; Peter Harris (Superintendent of Highways) 08/06/2009 ~0:37 ~31-85~i1~044 S C PLaNiNG PAGE Suffolk County Department of Planning Thomas A. Isles, Director P,O. Box 6~00 Hauppauge, New York 11788 Fax: (63f-853-4044) FAX TRANSMISSION COVER SHEET To: Tamara Fax #: 765-3136 From: John Corral Date: 08/0612009 Subject: P~er Harbes SCPC Decision Letter YOU SHOULD RECEIVE~4 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NO~f RECEIVE ALL THE PAGES, PLEASE CALL (631) 853-5190. Message: Tamara, Please find the Suffolk County Planning Commission letter and resolution for Peter Harbes, A hard oopy will also be sent in today's mail. Please feel free to call me at 631-853-4022 with any questions, Sincerely, John Corral S C PLANING ~GE COUNTY OF SUFFOLK DEPARTMENt' OF PlANNINg STEVE LEVY SUFFOLK COUNTY EXEcuTIVE Town of $outhold Planning Board Office PO Box 1179 Southold, New York 11971 Att: Ms. Tam~'a S. Sadaoo, Planner Dear Ms. Sedano: August 5, 2009 Re: Application of"Peter Harbe~" SCTM No,: 1000 12000 0300 01 I011 SCPC File No.: S-$D-09-06 THOMAS ^, ISLES, A,I.C.P. DIRECIOR OF PLANNING Pursuant to the requirements of Sections A 14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commi~ion on August 5, 2009 r~iewed the above captioned ~plication and after due study and deliberation resolv~l to Approve it sublet to the following comments: Comment.~ : · Proposed lots 1,2, 3 whioh ~ adjacent to cultiv*~ted farmlands should be designed to ensure non- interference with the agricultural use of the adjoining trac~ and to avoid conflicta between the farmer and occupants and visitors of non-farmland area~. · All prospective owners of land proposed for development adjacent to an active farm, or w~in 500 feet of farms within a N.Y.S Agricultural District, should be informed by means ~fan advisory covenant and a note on the development map, of the location of the active farmland and that adjacent occupants may be subjact to thc noise, dust~ odors and spraying applications normally associated with agricultural activities. · An easement should be placed on proposed lot 4 restricting the use to open space or agrioultural use. This should be done to insure that there is no forum commercial or rasidential development on land designated for ¢onservati6n. · The proposed greenhouse~ should be constructed and maintained in a way that insures that storm water mnoffremaius on site and does not cause farmland erosion. , The proposed greenhouses' height, color, reflectivity and orientation should be carefully considered to reduce the visual impacts and protect existing viewsheds. Vely truly yours, Thomas A. Isles Director of Planning o~hn H. Coll~ Planner JHC:& LOCATION H. LEE OENNIg0N BLDG.. 4TH ~LOOR 100 VETERANS MEMORIAL HIGHWAY MAll.lNG ADORES& P. O, BOX 5100 HAUPPAUGIE, NY 117~-0099 (031) 8S3-Sl 90 TELECOPIER (851) ~044 02 631-85~044 S C PLANING PAGE 03 FileNo. S-SD-09-06 Resolution No. ZSR-36 of the Suffolk County Plarming Commission Pursuant to Seetlons A 14-24 of the Suffolk County Administrative Code pursuant to Sections A 14-24 of the Suffolk County Administrative Code, a proposed subdivision was received at the offices of the Suffolk County Planning Commission on July 14, 2009, with respect to the application of"Peter Harbes" on land situated on the west side of Aldrich Lane and approximately 1200 feet south of Sound Ave WHEREAS, said application was considered by the Suffolk County Planning Commission at its meeting on August 5, 2009 and now therefore, Be it RESOLVED, Approval with the following comment~: Comrrtent$ ; Proposed lots 1, 2, 3 which are adjacent to cultivated farmlands should be designed to ensure non-interferance with the agricultural use of the adjoining tracl~ and to avoid conflicts between the farmer and occupants and visitors of non-farmland ar~s. All prospective owners of land proposed for development adjacent to an active farm, or within 500 feet of farms within a N.Y.S Agricultural District, should be informed by means of an advisory covenant and a note on the development map, of the location of the active, farmland and that adjacent occupants may be subject to the noise, dust, odors and sprayang applications normally associated with agricultural activities. An easement should be placed on proposed lot 4 restxicting the use to open space or agricultural use. TMs should be done to insure that there is no future commercial or residential development on land designated for conservation, · The proposed greenhouses should be constructed and maintained in a way that insures that storm water mnoffremains on site and does not cause farmland erosion. The proposed greenhouses' height, color, reflectivity and orientation should be carefully considered to reduce the visual impacts and protect existing viewsheds. Motion by: Commissioner Braun Commission Vote: Present. 9 Seconded by: Commissioner McAdam Ayes - 9 Nays - 0 Abstentions - 0 ~8/06/208S i0:37 631-8S~ 144 S C PLANING PAGE 04 AYE NAY SARAH LANSDALE, At-Large X ~HARLA BOLTON, At-La~ge X ROBERT BILAUN, Smh~hpown X BARBARA ROBERTS, Town of Southampton X $OHN CARACIOLLO Town ofHuntingtou X LINDA HOLMES, T~wn of Shelter [siand X ADRIENN~ EsPOSITO, Villzges over 5 000 X DAVID CALONE, Town of Babylon X CONSTANTINE KONTOKOSTA, Vill. Over 5,000' X '"VINCENT TALDONE, Town ~fRiverhead X JOSHUA HORToN, At-Large X TOM MC ADAM, Town of Southold ' X MICHAEL KELLY., Town of Brookhaven X JOS~:FH POl"l'~cH, Town of East Hampton X Dated: August 5, 2009 Legislative Auditorium, 725 Veterans Metnoria] H~ghway, Hauppauge, NY Suffolk County Planning Commission Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-8200 FAX: (~31) 369-9O80 E-mad: charles.cuddy@verizon.net August 5, 2009 Ms. Tamara Sadoo, Town Planner Southold Town Planning Department PO Box 1179 Southold, NY 11971 Re: P & E, LLC-Conservation Subdivision Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Ms. Sadoo: Pursuant to your request Howard Young removed the proposed greenhouses from the subdivision plan and we now enclose three (3) revised prints of the Sketch Plan for the above site. CRC:ik Enclosure Very truly yours, Charles R. Cuddy ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Re: Town Attorney Martin Finnegan Town Planning Director Heather Lanza Town Clerk Elizabeth Neville Petition request for Open Development Area of P & E, LLC c/o Peter Harbes, Aldrich Lane, Laurel, NY SCTM# 1000-120-03-11.11 Date: August 3, 2009 Please review the attached petition for completeness and correctness and submit your written report to me. Thank you. cc: Supervisor & Town Board Members w/o Ma~'V~-'~-~~'''''~ ~ ~ CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK Mailing Address: RO. Box 1547 Riverhead, NY 11901 Elizabeth A. Neville, Town of Southold PO Box 1179 Southold, NY 11971 August Town Clerk 3, 2009 TEL: (631)369-8200 FAX: (631) 369-908O E-malh charles.cuddy@verizon.net RECEIVED AUG 3 2009 Re:P & E, LLC c/o Peter Harbes-Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Ms. Neville: We are enclosing a Petition to the Southold Town Board together with three (3) mylars and twelve (12) prints of a 4-lot conservation subdivision which is presently before the Southold Town Planning Board. The applicant, P & E, LLC desires to obtain an Open Development Area pursuant to the Southold Town Code Article VIII Section 240-26. The Development Rights on 18.37 acres of a 22.16 acre parcel are to be sold to the Town of Southold. We also enclose a Grant of Development Rights Easement which is to be signed at the time of the development rights sale. We respectfully request that you present the Petition, mylars and prints to the Town Board, in order to permit the Town Board to review the Petition and to schedule a public hearing and therefore adopt a Resolution recognizing an Open Development Area for the subject parcel. Very truly yours, _ CRC/ik Enc. TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK In the Matter of the Application for P & E, LLC c/o Peter Harbes PETITION For the Open Development Area 1. P & E, LLC being the Petitioner and the owner of 22.1659 acres parcel located in the A-C Zoning use District at the west side of Aldrich Lane, Laurel, New York, makes this Petition to the Town Board of the Town of Southold for establishment of an Open Development Area pursuant to §280-a(4) of the New York State Town Law. 2. The parcel owned by the Petitioner is designated as SCTM#1000-120-3-11.11. 3. The above described parcel is the subject of the conservation subdivision pending before the Southold Town Planning Board (a copy of the conservation subdivision map prepared by Young & Young under date of July 24, 2009, is annexed hereto and made a part hereof). 4. The conservation subdivision includes three (3) proposed residential lots and a preserved area of 18.3779 acres reserved in perpetuity, which is more than 75 % of the buildable land on the parcel. 5. The Petitioner seeks the right to obtain future approval of the lots on the annexed map and issuance of permits for the erection of structures thereon in accordance with the designated zoning use district (A-C) and the density and minimum lot size for the subject property in effect upon the approval ora Resolution of the Town Board establishing this requested Open Development Area. 6. The preserved area will have direct access from Aldrich Lane, as shown on the annexed subdivision map. 7. The Petitioner desires to have the conservation subdivision be recognized and approved as an Open Development Area (ODA). WHEREFORE, the Petitioner petitions this Board pursuant to Article VIII Section 240-26 of the Code of the Town' of Southold and pursuant to §280-a(4) of the New York State Town Law to hold a hearing and to approve this petition by declaring the site to be an Open Development Area with full authority of the Petitioner to complete the subdivision at a future date. Respectfully submitted, P & E, LLC Peter Harbes STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the~ day of '~e~_f,../ in the year 2009, before me, the undersigned, personally appeared 'J Peter Harbes personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. CHARLES R. CUDDY Notary Public, State of New York No. 5872225 C O.uallfled in Suffolk County . ommlss~on Expirea Deoember $1,20.,LO GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the __ day of , 2009 at Southold, New York. The parties are P & E LLC with offices at 5645 Aldrich Lane, Laurel, NY 11948, c/o Peter Harbes, Managing Member (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 11971 (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 #1000-120-3-11,11, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey dated and last revised prepared by (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"; and WHEREAS, the Property is located in the A-C Zoning Districts 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 used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), 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 §272-a of the New York Town Law ("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 ( ) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby 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 itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.0! 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. 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 and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("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 Instrument 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 Recoanition 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 General Municipal Law §2.47. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code and other federal statutes. 0.05 Baseline 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, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by dated and last revised , an aerial photograph of the Property dated , photographs of the Property taken in and maps, all on file with the Town Land Preservation Department. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 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 Type 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. "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, Including agricultural production as that term Is presently referenced In §247 of the General Munldpal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and Including the production of crops, livestock and livestock products as defined In §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as such Laws and/or Code may be amended. No future restrictions In said laws and/or Code or limitation In the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to Individuals or groups whether supervised or unsupervised, horseback riding insttuctlon or the holding of horse shows or other equine events. "Structure" shall mean 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, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effe~ 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 entitles. The word "Grantor" when used herein shall include all of those persons or entitles. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of Its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall Include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for .and such other good and valuable consideration, hereby grant, release, and convey 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 Except as provided herein, no structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Haterials; Mininq 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 actlviUes, without the prior written consent of Grantee. This 3.02 does not prohibit the grading of the Property for the construction of greenhouses, provided Grantor has obtained all necessary approvals for such grading and the erection of greenhouses, including but not limited to from the Land PreservaUon Committee, and such other approvals as the Town Code may require. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 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 portion of the Property from which the development rights are acquired Into two or more parcels, in whole or In part. Grantor may, subject to approval by the Planning Board and as otherwise required by applicable law, subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved land subject to a development rights easement or an agricultural conservation easement. Notwithstanding this provision, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumolna 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 Siqns 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, (bi 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, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. The Property may not be used for the 'creation or placement of utilities to service any other properties, except for underground utilities presently existing at the site, and referenced In an easement recorded at L.__ p.__ in the Office of the Suffolk county Clerk.. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, Including but not limited to a riding academy, shall be prohibited. For the purposes of this section, 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, and Including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. Uses, Improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future, shall not be considered a commercial use. No improvements, uses or activities 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 Dralnaoe The use of the Property for a leaching or sewage disposal field shall be prohibited. 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. 3.10 Development Rlahts 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 or elsewhere in this Easement, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 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. Grantor shall have the right to use the Property for uses, Improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other Instrument, including but not limited to farm stands if they are permitted in the future. 4,04 LandscaoinQ Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth In Section 0.05. 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, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 AQricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced In §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined In §301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended. No future restrictions In said laws and/or Code or limitation In the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth In §4.06 herein and as permitted by the Town Code now or In the future on agricultural lands protected by a development rights easement or other Instrument, including but not limited to farm stands if they are permitted in the future. 4,06 Structures and Imorovements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (il) Construction of new structures, provided such structures are necessary for and accessory to agricultural production; Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "Structure" In Section 1,02; 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. No new construction is permitted outside of the area described in paragraph 4.06A(il) above. 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. Grantors 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 or Improvements built or permitted pursuant to this Section 4.06 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 the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining 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, Ilber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth In Section 0.03. GRANTOR'S OBLIGATION~ 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. 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, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or Inactions, 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 Third Party Claims Grantor shall Indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reouirem~nt If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall Implement a Natural Resources Conservation Plan (the "Plan") approved by Grantor (which approval by Grantor shall not be unreasonably withheld) and by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition In which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written notice Is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee Or its agents are hereby authorized to enter upon the Property to Implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. ARTICLE SIX GPJkNTEE'S RIGHTS 6.01 Entry and Insoection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, 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 5.04 and 6.03, or to permit access upon the Property. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, 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. 6.03 Enforcement Riahts 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 as a 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 ten (10) days' written 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, 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 To enforce any term, provision, covenant or obligation in this Easement or 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 be accomplished within 10 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Hailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by noUce In accordance with this SecUon 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to 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, 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 Extinquishment/CondemnaUon 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. 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 Property 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 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 Understandina This Easement contains the entire understanding between the 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 Easement may be amended only with the written consent of Grantee and current Grantors and In accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §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 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, 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 those 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 Governino Law New York Law applicable to deeds to and easements on land located within the State of 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 deslgned 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 affect 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 their 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 it be Interpreted to grant, to the public, any right to enter upon the Property, or to use Images of the Property. Grantee may use Images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordina 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 Headinas The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be Ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: P & E LLC, Grantor By: Peter Harbes, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2009 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(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. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2009 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(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. Notary Public Southold Town Planning Boa Work Session Agenda - PR. 2 Au.qust 3, 2009 Subdivisions Location: Aldrich Lane, Laurel i"~"~i~i~i ~ This proposed conservation subdivision parcel into 4 lots, one of which the Town of Southold will purchase the Develo ment Ri hts over 18 acres for farmland rese~ation Project name: MulvaneylBresloff Lot Line i SCTM#: 1000- 31-8-12.4 & 13 Location: Description: A lot line modification to transfer 3,746 s.f. from Lot 1 (SOTM#1000-31 8-12.4), decreasing the size from 34,194 s.f. to 30,448 s.f., to Lot 2 (SCTM#1000-31-8-13) increasing the size from 8,334 s.f. to 12,080 s.f. ~ Both Lots are ml~roved w th s n~ e-fam y dwe ngs i...S~a.t.~sj ..................... i. ~o n d it iona! Fi.ha! ................................................................................................................ Action: '"~j~ i~i .........' Oregon Landing I & Oregon i SCTM#: i 1000-83-2-9.1 & 95-1-5 Location: The properties are located on the n/s/o Oregon Road, approximately 135' w/o AIvah's Lane, and n/o Oregon Road, 625 feet w/o Bridge Lane, in C u tch og U e. !n .th.~..~(~..~].d.. !~80_~q~].!.r]~g_~.!.s.t.[!c.t.s..: ................................................................................. ~'~'~ ........ "~ ~ ~nse~ation subdivision of a 32.73-acre parcel into five lots ...................................... and A 2.5.~.79..acr~ par~! intR. f.~e.9~s .......................................................................... ~ Status: ~ Final A~roval Action: ~ Amend Final Road ~"'A~'~'~'~'~ ....... ~ Draft Resolution AUG - 3 2009 ~:_DE~T OE P~kNNING- COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 30, 2009 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold Planning Board Office P.O. Box 1179 Southold, NY 11971 Att: Ms. Tamara S. Sadoo, Planner Dear Mr. Sadoo: Re: Peter Harbes Zoning Action: Subdivision SCTM No: 1000 120.00 03.00 011.011 SCPC FileNo: S-SD-09-06 Please be advised that pursuant to Sections A 14-14 to 24 of the Suffolk County Administrative Code, the above captioned application which has been referred to the Suffolk County Planning Commission will be reviewed by the Commission at its regular meeting at 12:00 noon on August 5, 2009 at the William Rogers Building, Rose Caracappa Legislative Auditorium, in Hauppauge. The regular meetings of the Suffolk County Planning Commission are open meetings pursuant to the NYS Open Meetings Law, they are not public hearings. Any request to address the Planning Commission on any matter including subdivision or zoning referrals must be submitted prior to the meeting. Each request shall be submitted on a card (distributed before the regular meeting) identifying the person and/or organization and topic. During the public portion of the regular meeting each speaker shall be allotted three (3) minutes. An individual who has requested the opportunity to address the Planning Commission may relinquish his/her time to another speaker. However, no speaker may speak for more than six (6) minutes. In accordance with Suffolk County Planning Commission Policy, any information to be submitted to the Planning Commission will not be accepted at the meeting unless it has been acknowledged by the local referring municipality. The information must be accompanied with a letter from the local referring municipality describing such contents, as well as, instructions for treating previously submitted material. '[his policy was instituted to avoid confusion as to which information is being reviewed by all agencies. Should you have any questions or comments please do not hesitate to contact this office. Sincerely, n . Corral Planner JHC:jc cc: P & E, LLC c/o Peter Harbes LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 #9384 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 30th day of July, 2009. Principal Clerk ~ day of /~E 2009. Sworn to before me this fo]- CHRISTINA VOLINSKI NO'[ARY PUBLIC-STATE OF NEW YORK No, 01.VO6105050 Qualified in Suffolk COUBtY My Commission ExpRe$ February 28, 2012 Site 245&24.6 - - Dated: 7/22/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chmrman 9384 ~T 7/30 #7525 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 NEWS-REVIEW, a weekly newspaper, published at Riverhead, in the Town of Riverhead, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1 week(s), successively, commencing on the 30th day of July, 2009. .. Principal Clerk Sworn to before me this ~ dayof ~ 2009. ~ ~aE'IS ~B~y:,~N ~hat, ~0 h~ld ~y~the~pu~l~ ~o~ Pian~ Bo~d; ~t~T6~ ~01~ Main aoad, S~uth~!d, N~ York o~ ~ loth day of ~g~.~ ~-~n ~e quesOo~o[ the ~ol ~: ~:~ b-ffi,~r°P~s~ ~h~yat On Sub- ~t~ ~t 5~5 A ~ c~e, ~ ~ure ro~ ~ ~9~mgia;5 ~ 6~ Suffolk', Map Number !~!20:3:1! 1L: : 75254T 7/36 NOTARY PUBLiC-STATE OF NEW YORK No. Ol.V06105050 ~uolffied In Suffolk CounW My Commission Expires February 28, 2012 PLA_NNI~G BOARD MEMBERS MARTIN H. SIDOR Cha/r V~rILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-8136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of August, 2009 on the question of the following: 6:00 p.m. Proposed Conservation Subdivision for P & E, LLC/Peter Harbes, located at 5645 Aldrich Lane, in Laurel, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-120-3-11.11 6:05 p.m. Proposed Amended Site Plan for Satur Farms, located on the w/s/o Alvah's Lane, approximately 1,855.07' s/o the intersection of Alvah's Lane & CR 48, a.k.a. 3705 Alvah's Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 101-2-24.5 & 24.6 Dated: 7~22/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, JULY 30, 2009 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times & The Riverhead News Review Page I of 1 Kalin, Carol From: Legals [legals@timesreview.com] Sent: Wednesday, July 22, 2009 2:20 PM To: Kalin. Carol Subject: RE: Legal Ad for 7~30 editions of the Suffolk Times & the News Review Hi Carol, I have received the legal ad and I will have it run in both papers next week. Thanks and have a great afternoon, Candice From: Kalin, Carol [mailto:CarohKalin@town.southold.ny.us] Sent: Wednesday, ~luly 22, 2009 1:32 PM To: Legals Subject: Legal Ad for 7/30 editions of the Suffolk Times & the News Review Please print the following legal ad in the JULY 30th edition of the Suffolk Times and the Riverhead News Review regarding the August 10th Planning Board Public Hearings for Peter Harbes and Satur Farms. Kindly send me confirmation of receipt for our records. Thanks - Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box t 179 Southold, NY 11971 Phone: (63 l)765-1938 Fax: (631)765-3136 Carol. Kalin~town.southold.ny.us 7/22/2009 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Og'VICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 F~x: 631 765-3136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of August, 2009 on the question of the following: 6:00 p.m. Proposed Conservation Subdivision for P & E, LLC/Peter Harbes, located at 5645 Aldrich Lane, in Laurel, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-120-3-11.11 6:05 p.m. Proposed Amended Site Plan for Satur Farms, located on the w/s/o Alvah's Lane, approximately 1,855.07' s/o the intersection of Alvah's Lane & CR 48, a.k.a. 3705 Alvah's Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 101-2-24.5 & 24.6 Dated: 7/22/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman 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 22nd day of July, 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 8/10/09 Regular Meeting: 6:00 p.m. 6:05 p.m. Public Hearing for the proposed Conservation Subdivision of P & E, LLC, c/o Peter Harbes, SCTM#1000-120-3-11.11 Public Hearing for the proposed Amended Site Plan for Satur Farms, SCTM#1000-101-2-24.5 & 24.6 Sworn to before me this c~ day of ~']x ~,x~ ,2009. Notary PJblic Carol Kalin Secretary, Southold Town Planning Board MELANIE DOROSKI NOTARY ?'JBLIC, State of New York "~,, ~1D04634870 n Suffolk County .~ ,.., r.. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS OEOROE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O, Box 1179 Southold, NY 11971 O[~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 14, 2009 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Set Public Hearing for Proposed Conservation Subdivision for Peter Harbes Located at 5645 Aldrich Lane, Laurel SCTM#: 1000-120-3-11.11 Zoning District: AC Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, July 13, 2009: WHEREAS, this proposed conservation subdivision is to subdivide a 22.1659-acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 square feet, Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800 square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which the Town of Southold will purchase the Development Rights in August 2009 for the purpose of farmland preservation; and WHEREAS, an application for sketch approval was submitted on June 26, 2009, including the sketch plan prepared by Howard W. Young, L.S., dated May 27, 2009; and WHEREAS, on July 6, 2009, the Southold Town Planning Board, reviewed and accepted the application for formal review; and WHEREAS, on July 8, 2009, referrals were sent to the following agencies for comment on the above-referenced project: · Town of Southold Engineer · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; be it therefore Peter Harbes PaRe Two July 14, 2009 RESOLVED, that the Southold Town Planning Board set Monday, August t0, 2009 at 6:00 p.m. for a final public hearing on the Sketch Plat prepared by Howard W. Young, L.S, dated MaY 27, 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 receipt cards before 12:00 noon on Friday, Aun~,_,_~t_ 7th. The si.qn and the ppst.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 Plannint:l Board Notice to Adiacent 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#1000-120-3-11.11; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is to subdivide a 22.1659-acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 square feet, Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800 square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which The Town of Southold will purchase the Development Rights in August 2009 for the purpose of farmland preservation. The property is located at 5645 Aldrich Lane, Laurel; 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 (2nd 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 e-mail message to: CaroI.Kalin@town.southold.ny.us; That a final public hearing will be held on the matter by the Planning Board on Monday~ Au,ClUSt 10, 2009 at 6:00 p.m. in the Meetin.q 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 & The Riverhead News Review, 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: P & E, LLC, c/o Peter Harbes Date: 7/14/2009 AFFIDAVIT OF POSTING This is to serve notice that I pemonally 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. 8/7/09 Re: Proposed Conservation Subdivision for Peter Harbes, P & E~ LLC SCTM#~: 1000-120-3-11.1t Date of Hearing: Monday, August 10, 2009, 6:00 p.m. P & E, LLC CONSERVATION SUBDIVISON FOR P & E, el_LC cio PETER HARBES 1000-120-3-11.11 Proposal to subdivide a 22.1659-acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 sq. ft., Lot 2 equals 1.2650 acres (55,100 sq. ft.), Lot 3 equals 1.2580 acres (54,800 sq. ft.) and Lot 4 equals 18.3779 acres (800,544 sq. ft.) from which The Town of Southold will purchase the Development Rights in August 2009 for the purpose of farmland preservation. flVIONDAY- AUGUST 10, 2009 - 6:00 P.M. Town of $outhold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apPly. Upon determin/ng that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall he 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. I PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair wILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 '765-1938 F~x: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2009 · Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Theodore Klein Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed application to tt~e Suffolk County Planning Commission: Map of: Peter Harbes/Conservation Subdivision Hamlet/Locality: Laurel S.C.D.P.W. Topo No.: Zoning: AC S.C. Tax Map No.: 1000 - 120 -3-11.11 Stand. Sub. Conserv. Sub. _X_Site Plan MATERIAL SUBMITTED: Cluster Lot Line Change__ Subdivision Plat (1)__X Road Profiles (1).__ Drainage Plan (1) Topographical Map (1) Site Plan (1)__ Grading Plan (1).__ Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRASTATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( X ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.l.S. statement enclosed. ) Yes )No ) N/A 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( )No( )N/A Comments: This application is being referred to you at the Sketch Approval phase for Conservation Subdivisions as this will be the only approval required by the Town of Southold Planning Board for this projecL This project is being submitted to the Town of Southold Planning Board as the first step in creating an Open Development Area (ODA) which only requires sketch approval from the Planning Board in order to move on to the next step of creating an ODA. The next steps/approval in creating an ODA fall to the Southold Town Board. I have attached a copy of the applicable Southold Town Code sections for your reference. If you have any questions, please do not hesitate to contact this office. We request acknowledgement of receipt of this referral ( X ) Yes ( )No Referral received and assigned File No. 2008 by the Suffolk County Planning Commission Sincerely, Tamara S. Sadoo Planner PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM M.AILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (eor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: James Richter, Engineering Inspector Tamara Sadoo~[ ~ July 10, 2009 Re: Peter Harbes, Proposed Conservation subdivision as part of an ODA Application Name: Tax Map Number: Location: Peter Harbes 1000- 120-3-11.11 5645 Aldrich Lane, Laurel Type of Application: X __ Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: June 26, 2009) (Dated: ) (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposed conservation subdivision is to subdivide a 22.1659-acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 square feet, Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800 square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which The Town of Southold will purchase the Development Rights in August 2009 for the purpose of farmland preservation. Additional Comments: This conservation will stop at getting sketch approval from the Planning Board. That is the first step they will need to take and approval they will need in order to petition the Town Board to establishment an Open Development Area for this project. Thank you for your cooperation. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L, EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND M~IIiNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OI~I~]CE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2009 Mr. Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Re.' Proposed Conservation Subdivision for P&E, LLC c/o Peter Harbes Located at 5465 Aldrich Lane, Laurel NY 11948 SCTM# 1000-120-3-11.11 Zoning: AC Dear Mr. Cuddy: The Planning Board has reviewed the above referenced application at their July 6, 2009 Work Session. Based upon this review, the PlanNing Board has accepted this application for formal review. The Planning Board will now begin to send out referrals to all interested agencies for comment. Once comments have been received and reviewed by the Planning Board the application will be further processed toward granting Sketch Approval. As receiving Sketch Approval by the Town of Southold Planning Board for this application is the first step in creating an Open Development Area (ODA), it is strongly recommended that the applicant submit a petition to the Southold Town Board as soon as possible requesting to establish an Open Development Area (ODA) for this proposed project. I have attached a copy of the applicable Southold Town Code sections for your reference so that you may reference them as needed. If you have any further questions about the ODA process and this application, please do not hesitate to contact this office for assistance. Thank you, Tamara S. Sadoo Planner PLAHHING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L, TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fa~ 631 765-3136 To: From: Date: Re: Mark Terry, LWRP Coordinator Tamara Sadoo/~'~ (~ July 10, 2009 Proposed Conservation Subdivision for Peter Harbes for an ODA SCTM#1000-120-3-11.11 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. DeScription This proposed conservation subdivision is to subdivide a 22.1659-acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 square feet, Lot 2 equals 1.2650 acres (55,100 square feet), LOt 3 equals 1.2580 acres (54,800 square feet) and LOt 4 equals 18.3779 acres (800,544 square feet) from which The Town of Southold will purchase the Development Rights in August 2009 for the purpose of farmland preservation. Thank you for your cooperation. Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 6, 2009 4:00 p.m. Review draft resolutions for the July 13, 2009 Public Meeting: Project name: Location: Description: Status: Action: Attachments: E. Latham Conservation Subdivision 31900 Main Road, Orient I SCTM#:I 1000-19-1-7.5 This proposed conservation subdivision of 124 acres created 2 lots. The Development Rights have previously been sold on 114 acres. Lot 1 is improved with agricultural buildings and would equal 124.05 acres, with 114 acres of preserved farmland and Lot 2 equals 2.95 acres in the R- 200 Zoning District. Open Review resolution for Sketch Plan approval Draft resolution Project name: Peter Harbesi Open Development Area I SCTM#: I 1000-120-3-11.11 Location: Aldrich Lane, Laurel Description: This proposal is to identify an Open Development Area to recommend for Town Board approval (potential future Conservation Subdivision for three buildi_n~ lots an.d_~_r_eserved farmla~ -~{~.{~j~ ................ j Nev~;ti~)-~---~----~"'~-- _- ---~ --- Action: j Schedule Pub. Hrg. for August 10 2009 at July 13 2009 Pub. Mtg. _ .... Project name.'_ ........... J__o_in_t. ln_du__strx____B_d_.__[_S_a_n__to_rini) Site Plan I SCTM#~ 1000-83.-2-17.3 Location: _3.~ 0_0_.._D_u. c k__P_.o n d__R_o a d, _C_ u t c hog u e Description: This site plan is for the proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an existing motel, I restaurant, pool and pool house on a12.3 acre site split-zoned in the t Resort Residential and _A_~dcultural Conservation Zoning Districts. _.S_tat~s~ .......... ~..__S_!_t_e_l~_l__a_n-_-_r~---i---_--- Action: t Rev ew draft reso ut on for SEQRA determination Affachm~t~ ....... D~ r~i~ IPr0ject name: i~c~kl,~:ng P0ir{{~'~ta'te~ ................ !'--S-~:TM~M~.' 53.-4-44.1 & 44.3 -l_~ation: /--~:~-'~'r~-I~'~-i~c~{~d--~"{-h-~-W~'~-ide of Kerwin aoulevard~ ~ approximately 575 feet west of August Lane, in Greenport. Description: I This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 sq. ft. of buildable lands from SCTM#1000-53- 4-44.3 onto the subject property for the purposes of establishing yield. __Status: .................. ,_P_relimi~n__a~_.H_.~.a[!.ng~e_!d/Close__d_ ...... _ .......................... Action: , C_o_n_sid~e_r ._C_ _o_n_ d_i_t i0~a_l. P__r_e!!.m i..n_ a ry.~p~ r~oya_l_ ........... ~_ ............................. Attachments: Draft Resolution Mailin~ Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-8200 FAX: (631) E-mail: charles.cuddy@verizon.net June 24, 2009 Planning Board Southold Town PO Box 1179 Southold, NY 11971 Re: P & E, LLC-Conservation Subdivision Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Board Members: In connection with the proposed conservation subdivision, which includes three(3) residential lots on a 22- acre parcel with 18 acres of development rights to be sold to the Town of Southold, we are enclosing the following: 1. Application for Sketch Approval 2. Disclosure Affidavit 3. Full Environmental Assessment Form 4. Authorization Form 5. LWRP Consistency Assessment Form 6. Copy of a Deed 7. Ten (10) copies of Sketch Plan 8. Check in the sum of $1,550 representing an application fee ,-l~o I would be pleased to meet with you so we can expeditiously proceed to receive the Board's approval. CRC:ik Enclosure Very truly yours, Charles R. Cuddy Project Status Report for Conservation Subdivisions Sketch Application Dates Pre-Submission Conference Application Fees Paid y~/~ Concept Desiqn Determined ~Firo Department Comments~l SEQRA Coordination 8o~iCon~ervan~an ~l ~' SEQRA Determination SC Planninq Commission Referral SC Planninq Commission Comments Fire Department Referral Fire Depadment Comments En,qineer Conference Sketch Plan Submission, Conditional Sketch Approval Sketch Approval Final Plat Anolication Dates (6 months after Prelimina~ Plat Approval) Final Appl~eived ApPlication Fees Paid~ Mylars Received (5) Paper Pdnts Received (8) Final Road and Drainaqe Plans Affordable Hous nq Fee Paid AdministralJve Fee Paid NYSDEC Wel~ands Permit Received NYSDOT/DPW Permit Received Trustee Permit Received Performance Guarantee Received Performance Guarantee to Town Board Final Covenants and Restrictions Final Headn,q Set Final Hearinq Held/Closed Filed Leqal Documents Final Homeowner's Aqreement Conditional Final Approval Final Road Maintenance Aqreement Final Approval Park and Playqround Fee Paid Conservation Aqreement Final Map Routinfl: Tax Assessors Building Department Land Preservation Highway Bepartment Additional Notaa: Map Endorsed by Chair LWRP Consistency Review OVERVIEW OF OPEN DEVELOPMENT AREA July 14~ 2009 ARTICLE VIII, Open Development Area § 240-26 Establishment. A. An applicant who has received sketch plat approval for a conservation subdivision pursuant to this chapter may apply to the Town Board for establishment of an open development area (ODA) pursuant to § 280-a(4) of the New York State Town Law. B. The Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by right-of-way or easement. Such right shall be in accordance with the designated zoning district and thc density and minimum lot size for the property in effect at the time of the establishment of the open development area. C. This provision supersedes and amends New York State Town Law § 265-a insofar as that section places a limited exemption on the time within which an adoption, change or amendment to the zoning regulations shall be applicable to a filed plat. § 240-27 General requirements. An open development area must meet the following general criteria: A. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R-40 Zoning Districts. B. It shall provide for the perpetual preservation of a minimum of 75% of the buildable land on the parcel. C. Access to the ODA shall be provided by a right-of-way or easement. D. The area where the proposed lots will be located shall be in accordance with that shown on the approved sketch plat. § 240-28 Submission requirements. The applicant shall submit the following items to the Town Clerk's Office: A. A completed petition to establish an open development area; B. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; and including all information required in Article V, Sketch Plat Review, and the size and notation requirements set forth in Article VII, Final Plat Review, of this chapter. C. An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial deveiopmen0 between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board. § 240-29 Procedure. A. Upon receipt of the items required under § 240-28, the Town Clerk shall refer the petition to the Planning Board for its review and specific recommendations within 14 days of receipt of referral. B. The Town Board shall provide notice pursuant to Chapter 55, Notice of Public Hearings, of the Town Code and shall hold a public hearing. C. The Town Board shall comply with the requirements of SEQRA. D. Following receipt of the Planning Board's recommendation and the public hearing, the Town Board may establish an open development area consisting of a certain number of acres within a specified portion of the proposed conservation subdivision. The Town Board may incorporate such further conditions and limitations as may be prescribed by the Planning Board by general or special rule. Such approval shall be by resolution. E. The approved map shall be signed by the Town Supervisor within 10 days of the adoption of the approving resolution. F. The following filing procedures shall be implemented for an approved ODA: (1)The Mylar maps shall be filed by the applicant with the County Clerk's Office as a miscellaneous map within 62 days of the date of approval. (2)Three paper copies shall be filed with the Town Clerk's Office, of which one copy will be returned to the applicant and one copy shall be sent to the Planning Board office for its records. (3)Failure to file the approved map within 62 days of the date of approval shall result in an expiration of such approval. § 240-30 Creation of lots. A. In order to create any lot(s) within a filed ODA subdivision, the property owner shall submit the following items to the Planning Board office: (1)Petition to implement the ODA. (2)Twelve paper copies of the ODA showing the location and dimensions of the proposed lot(s), in accordance with the approved ODA map. (3)Five paper copies of preliminary road and drainage plans. (4)Fee. B. Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to the Town Engineering Office for an estimate of the required improvements. C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said estimate. D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act (SEQRA). E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code. F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office of the County Clerk, the Town Clerk and the Planning Board office within 62 days after approval. Project Overview Project Title: Conservation Subdivision of Peter Harbes as pre-requisite for establishing an Open Development Area (ODA). Project Analysis This proposal is for a conservation subdivision on 22.1659 acres, where 18.3779 acres (+80% of the total acreage) will be preserved via a sale of development rights to the Town of Southold and where 3.7880 acres will be set aside to possibly be developed in the futura with three residential lots ranging in sizes of 1.2650 acres to 1.2580 acres. Permits and/or Review Required From Other A~lencies This project only requires sketch approval from the Planning Board. Referrals have been sent to the LWRP coordinator, Suffolk County Planning and Town of Southold Engineer. No permit is required from Suffolk County Dept. of Health services as no lots are being created now. Proposed Timeline: July 6, 2009: Initial review of Conservation Subdivision proposed plan by Planning Board at their work session. Proposal accepted for formal review. July 13, 2009: At Planning Board Public Hearing a Public Hearing for Sketch Approval on this proposed conservation subdivision as a pre- requisite for establishing an ODA was set for August 10, 2009 Planning Board Public Hearing*, *(A public hearing is required for an ODA by the Planning Board pursuant to §240-13(B): A public hearing pursuant to Chapter 55, Notice of Public Hearings, of this Code shall be held for sketch plat approval of an open development area subdiw'sion.) · July 7,2009: Referrals were send out for the proposed conservation subdivision to the following: o LWRP Coordinator o Town of Southold Engineer: Jamie Richter o SCPC - on behalf of Town Board · August 10, 2009: Planning Board will hold Public Hearing and if possible close Public Hearing · August 10, 2009: Planning Board will grant Sketch Approval for Conservation Subdivision (provided it is possible) · The Planning Board recommends that the Town Board consider scheduling a public hearing for this proposed ODA at their August 11, 2009 Public Meeting for August 25, 2009 pursuant to §240-29 (see above). At this time, once §240-29 (A) (B) and (C) have been met, the Town Board may establish an Open Development Area pursuant to §240-29(D) and the Town Supervisor is authorized to sign the approved map within 10 days of the adoption of the approving resolution. (§240-29 (E)), ~LANI~ING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR MAILING ~: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Ma~n Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 PLANNING BOARD OFFI~~ :.:" '" ....... TOV~TOFSOUTHOLD i~ ~i~- ~ ~ ~ ~f ~ Application for Sketch Approval ' ,./ ~PLICATION IS HE'BY M~E to tho To~ of~u~~ Board_ S~TCH APPROV~ for tho subdivision described herein/ ' 1. Name of Subdivision 2. Suffolk County Tax Map # 1000-120-03-11.11 3. Type of Subdivision Standard [ ] Conservation [~] 4. Hamlet Laurel Aldrich Lane~ Laurel 22.1659 ac. 4 lots 5. Street Address/ Project Location 6. Acreage of Site 7. Proposed Yield 8. Number of Lots Proposed 4 lots 9. Zoning District A-C June 24, 2009 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: Applicant: P & E, LLC c/o Peter HArbes 5645 Aldrich Lane Laurel~ NY 11948 Agent: Charles R. Cuddy, Esq. pn R~v 1547 Riverhead. NY 11901 te1#369-8200 fax#369-9080 Property Owner(s): P & E. LI,C c/o Peter Harbes 5645 Aldrich Lane Surveyor: Howard W. Young of Young & Young Riverhead, NY 11901 tel# 727-2303 fax#7270144 Engineer: Thomas Wolpert of Ynung & Young 400 0strander Avenue Riverhead, NY 11901 ~o1~797-72N? fmw~7?7-N1AA Attorney: Charles R. Cuddy, Esq. PN Rnw 1547 Riverhead. NY 11901 te1#369-8200 fax#369-9080 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. 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. 14. Has the owner/applicant met with Land Preservation? If so, provide date. Yes; June 2009 15. Is any part of the property in agricultural use? 16. Is them an existing or proposed sale of development rights on the property? Yes 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). Iqo 19.The site will be serviced by the following special districts or utility companies: Fire District L~_,2rel Post Office Laurel School District Cutchogue-Iqat t ±tuck Water 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. Iqo · 9 21. Please indicate the type of open space propogi:d and how it will be managed. farm managed by ±ts owner/member' 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? '/es; small barn (/489 sq.ft.) for storage of agr±cultural equ±pment 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. I~/A 24. Application completed by Signature of Preparer [ ] owner :[: ] agent [ ] other Date ~ /,2.21 Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Yo~ Name: P & E, LLC by Peter Harbes, Member last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Tmstee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat x Planning Site Plan Other (Please name other activity) __ Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any ofi!cer or employee of the Town of Southold? "Relationship includes by blood, marriage or business imerest "Bnsiness interest" means a business, including a partnership, in which the town officer or ~mployee 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 A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this ~-j~r'~2-O01[ ~ Signature~ PrintName P~ter ffarbes, ['{ember P & E, LLC c/o Peter Harbes 5645 Aldrich Lane Laurel, NY 11948 I, Peter Harbes, Member of P & E, LLC, hereby authorize Charles R. Cuddy, Esq. to act as my agent on the property of SCTM#1000-120-3-11.11 in Laurel, NY, and handle all necessary work involved in the subdivision process with the Southold Town Planning Board. P & E, LLC By: ~ Peter Harbes, Member Sworn to before me this~day of :~"t~_~ ,2009. Notary Public SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING P&GE T~pe o£ Instrument: DBEDS/DDD Number o£ Pagest 3 Receipt ~,mher : 06-0082519 TRANSFER TAX NUMBER: 06-02848 1000 Deed Amounb: Re=orded= At= LIBER: PAGE: Sec t 4on.; BZock: 120.00 03.00 1~XAMINED AND CHARGED AS FOLLOWS $.0.00 08/22/2006 03;17=58 PM Received the FoZlowing Fees For Above Instrument Exempt Page/F~Zing $9.00 NO Handling COE $5.00 NO NYE SRCHG EA-CTY $5.00 NO -EA-STATB TP-584 $5.00 NO Cort.Co~tes RPT $30.00 NO ECTM Transfer tax $0.00 NO C~.n. Pres Fees Paid TRANSFER TAX NUMBER= 06-02848 THIS PAGE I8 A PART OFT HE INSTRUMENT THIS IS NOT A BILL Judith A. Paso&la County Clerk, Bu~£olk County D00012465 829 Lot= 011.011 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $0.00 NO $0.00 NO $239.00 'Number ofgag~s ~ TORRKN$ Remove Social Security Num~r(s~r to recording. Prlor CE. # Deed I Mot18age Instrument Deed I Mort~ge Tax ~-52 17 (~ty) ~ ~ Sub ~ffi .' ~-5217 (S~) ~ / R.RT.S,A. ~.of~ 5. ~, A~vit ~SS~e 15,. Sub~ 2006 Rug 22 0~.'17s58 PH Sudith ~. Pascale SUFFOLK C~.~'¥ L IX}0012465 DT# 06-02848 I aeconang / Fains Stamp* Monga~ An~. 1. Basic'Fax 2. Additional Tax Sub Total SpecJAssit. Spec./Add. 'TOT. M'rG. TAX He~ for A~point~eat Tnmsfe~ Tax ~ Th~ Mope~ cove~:l b~t this mo~tSaSc is or will 1~ improved by a oa~ ot two family dv~llJn~ only. YHS__ or NO If NO, see appropriate tax clause on 4 [Dist.1000 [Sectio=120.O Block3,00 II-et 11.11 Reall¥ope~ 06029166 ~.ooo xaooo o~oo o~.~ox~. Sadsfacdons/D~b*,ges/Re~J,~ List Pmp~ Ovmers Marlins Address RECORB & R~TU]RN TO= Jay P. Oua~tamro, Esq. Twomey, Latham, Shea, Kelley, Dubln, Reale & Quartararo, LLP 33 West Second Street PO Box9398 Riverhead, NY 11901 CPF Tax l)ue ~) Improved Vacant Land __ 'ID TI) Title Company Information Suffolk County Recording & Endorsement Page l'nis FaSe ferns pm of the attached QUITCLAIM made by: (SPP..Cfl*Y TYPE OF INSTRUMI~ PETER HARBES The pren~ses he~eln is situated in SUEFOLK COUNTY, NEW YORK. SOUTHOLD TO In ~he Township of P&E, LLC In the VCLLAGE, MATTITUCK or HAMLETof BOX]F.~ 6 THRU 8 MUST BE TYPED OR PRIN't~u tN BLACK INK ONLY PRIOR 'fO RECORDING OR FILING. (over) s NO CONSIDERATION TAX MAP Dis[.: lO00 · ~c.: I~O.O0 BIk.: 3.00 Quitclaim Deed This Indenture, made the 7.2nd day of June, Two Thousand and Six BETWEEN P~TKR FLARBE$, residing at 9.15 Laurelwoml Drive. Laurel, New Yoth 11948 party of the first part, and P&E, LLC, with an address at c/o Peter Har'oss. 935 Laurelwood Drive, Laurel, New York 11948 ~atly of the second part WlTNE,5$ETH, that the party of the first part, in considcrntion of Ten Dollars at~l other valuable consideration paid by the party of the second part. docs hereby grunt 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 of parcel of land with the buildings and improvements thereon etneted, situale, lying ned being in the Hamlet of Matthuck, Town of Southold. County of Suffolk, State of New Ygrk. BEGINNING et the point on the wosteriy line of Aldrich Lane. 200.0 feet ~orthedy from the nort. heastedy comer of land of Bnhowski, said point of beginning being the nonheastmly comer of Plot E and the sonthan~tcdy comer of the premises be~in desetihed running thence along Plot E S.? I '31 '30" ~. -,I 57,.20 feet to land of Bij ' E: thence along said land and along In.nd of Fox N.19 45 00' W.642,0 feet to land of Kujawshl; thence alon~ said land N.73 31 'E. - .t40.47 feet to I~ot A; thence along . Plots A, B and C N.? I 31 '30"F,,. - I 188.66 feet to Aldrich Lane; thence along Aldrich Iwo nourse~: I) S.21'55'20"E.- 149.39feet;thence 2) S.I 8'25'20"E. - 480.88 fcct to the point of beginning. Containing 22.166 ecres. BEING AND INTENDED TO BE the same premises conveyed to the Grantor by Deed dated December 17, 199t and recorded in the SufFolk County Clerk's Office on Decemher 20, 1~92 in Lihet 11656 page 837. The aforesaid parcel was created by virtue of n resolulion adopted by the Town of Southold Planning Board held on May 24, 1993. Together with nil righi, lille and interest, if an~,, of the party of tho first pan in nnd to any street~ and reeds abutting the above-deecnbed premises to thc center lines thereof: Together with the appurtenances and nil the estate and rights of the party of the first ~art in and to said pmmisos; I'o have and to hold the premises herein granted unto the party of the second pan., the heirs or successors and assigns of the party of the second part forever. And the patty 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 tho first part will receive thc consideration for this conveyance and will hold the ~ight to receive such consideration ns n trust fund to be applied first for the purpose of paying the cost of improvement and will apply the same first to the payment of the cost of Ihe improvement before using any pan of the total of the same for any other poq~ose. The word "party" shell be construed as if it read "p~mies' whenever the sense of this indenture so requires. In Witness Whereof, thc party of the first pn~t has duly executed this Deed the day and year first above written. IN PRESENCE OF: STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the '~'~'~ day of ~"~ in the year 2006 before me. the undersigned, persona y appeared PETER HARBES, personally known to me or proved to me on the basis of safisfac~my evidence Io be the individual who~e name is subscribed lo the within instrument ~ed acknowledged to me that he executed the same in his capacity, ~nd thai by his signature on the !nst~ument, the individual or the person upon behalf of which t~a~ual aetna, executed the QUITCLAIM DEED OI~TRICr: ~000 SEC~I'ION: 120.00 PETER HARBES BLOCK: 3.00 TO I.OT: Il. II P&E, I.LC COUNTY OR TOWN: SOWI'HOLD TAX BII.UNO ADDRESS: P.O. BOX 1731 MA1TFI'UCK. NY 11952 RETURN BY MAlL TO: Jay P. Quanaram. FJq. Twomey, L~tlmm. Shea & Kelley. LLP 33 West Second Street P.O. Box 398 Rivetheed, New York 1190l Page 2 of 2 Pages Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIFrlON OF SITE AND PROPOSED ACTION SCTM# 1000 120 3 -ll.ll The Application has been submitted to (check appropriate response): TownBoard [-~ Planning Dept. [] Building Dept. [-~ BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Conservation subdivision-4 lots. Locationofaction: Aldrich Lane, Laurel, NY Site acreage:. 22. 1659 ac. Present land use: agricultural Present zoning classification: A-¢ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: p & E, LLC C/o Peter HArbes (b) Mailing address: 5645 Aldrich Lane T,;anr~l_. NY llqA8 (c) Telephone number: Area Code ( ) (d) Application number, if any:. N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No F~ If yes, which state or federal agency?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [] No [] (Not Applicable - please explain) This conservation subdivision (22 ac.) will only create. 3 residential lots and will preserve 18 ac. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No ~-~ (Not Applicable - please explain) At this site there are no known historical or archaeological resources; 80% of i-ho prnporl'y 'uill ho ?,'o~omrpd. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [] Yes ~ No [] (Not Applicable- please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 far evaluation criteria [] Yes F-~ No ~ (Not Applicable - please explain) The subject vronerty is not located at or near the coas,~line. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~-~ No Fl~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No ~-~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) This minor subdivision will not affmct the a~r Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~ (Not applicable - please explain) There will be minimal use of hazardous substances including pesticides. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable- please explain) The scenic view will be preserved. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) 3 residential lots will not directly affect water-dependent uses. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No ~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes ~] No ~ Not Applicable - please explain 80% of the subject parcel will remain as agricultural land. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No ~-~ Not Applicable - please explain There is an indication that newly constructed homes (3) will be desimned to be energy efficient. PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part ofthe application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Conservation Subdivision-Peter Harbes Location of Action (include Street Address, Municipality and County) Aldrich Lane, Laurel, Town of Southold, County of Suffolk Name of Applicant/Sponsor P & E, LLC c/o Peter Harbes Address 5645 Aldrich Lane ¢iht/PO Laurel State NY Zip Gode 11948 Business Telephone Name of Owner (if different) sarac as applicant Address City / PO Business Telephone Description of Action: 4 lots conservation subdivision State Zip Code Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban N Industrial N Commercial [] Forest ~ Agriculture [] Other D Residential (suburban) [] Rural (non-farm) 2. Total acreage of project area: 22.1659 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) landscaping PRESENTLY AFTER COMPLETION 0 acres 0 acres 0 acres 0 acres 22.1659 acres 18.3779 acres 0 acres 0 acres 0 acres 0 acres 0 acres 0 acres acres 1 acres 0 acres 2.7880 acres 3. What is predominant soil type(s) on project site7 a. Soil drainage: ~Well drained 100 % of site [] Moderately well drained % of site. ~Poorly drained __% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 15 acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ~ Yes [] No a. What is depth to bedrock N/A (in feet) 5. Approximate percentage of proposed project site with slopes: r~o-10% % ~"]1o_ 15% % ~ 15% or greater % 6. rs project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? [] Yes [] No What is the depth of the water table? 45-50 (in feet) is site located over a primary, principal, or sole source aquifer? 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 8. 9. []Yes ~No DYes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes Page 3 of 21 i-=1 1'1. Does'project site contain any species of plant or animal life that is identified as threatened or endangered? UYes ~ No According to: Identify each species: I 1 2. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? DYes []No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes []No If yes, explain: 14. Does the present site include scenic views known to be important to the community? E]Yos r~No 15. Streams within or contiguous to project area: N/A 16. a. Name of Stream and name of River to which it is tributary Lakes, ponds, wetland areas within or contiguous to project area: N/A b. Size (in acres): Page 4 of 21 1 7. Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? DYes b. if YES, will improvements be necessary to allow connection? NNo DTM DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes [] No Unknown 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 []Yes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? B. 1. ~Yes []No Project Description Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 22.1659 acres. b. Project acreage to be developed: 22.1659 acres initially; 3.7880 acres ultimately. c. Project acreage to remain undeveloped: 18.377 acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. 0 % f. Number of off-street parking spaces existing 0; proposed 6 g. Maximum vehicular trips generated per hour: 3 (upon completion of project)7 h. If residential: Number and type of housing units: One Family Two Family Initially 3 Ultimately 3 i. Dimensions (in feet) of largest proposed structure: 35 height; j. Linear feet of frontage along a public thoroughfare project will occupy is? How much natural material (i.e. rock, earth, etc.) will be removed from the site? Will disturbed areas be reclaimed []Yes DNo ~N/A a. if yes, for what intended purpose is the site being reclaimed? Ito facilitate the proposed improvements topsoil be stockpiled for reclamation? []Yes [] No b. Will c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? -+,3 Multiple Family 50 width; 630 ft. 0 tons/cubic yards. Condominium 60 length. acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes [] No If single phase project: Anticipated period of construction: __ If multi-phased: b. d. Will blasting occur during construction? ~ Yes ~ No Number of jobs generated: during construction 24 months, (including demolition) Total number of phases anticipated __~ (number) Anticipated date of commencement phase 1: __ month year, (including demolition) Approximate completion date of final phase; __ month __ year. Is phase 1 functionally dependent on subsequent phases? ~ Yes ~ No 9. 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ~ Yes If yes, explain: after project is complete ]No 12. Is surface liquid waste disposal involved? ~ Yes []No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b, Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? ~ Yes [] No If yes, explain: I 15. Is project or any portion of project located in s 100 year flood plain? N Yes [] No 16. Will the project generate solid waste? ~ Yes [] No a. If yes, what is the amount per month? 0.99 tons b. If yes, will an existing solid waste facility be used? [] Yes ~ No c. If yes, give name Transfer Station []; location Cutcho~ue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? []Yes E]No Page 6 of 21 e. ' If yes~, explain: Materials removed from waste stream for re-use and/or recycling 17. Will the project involve the disposal of solid waste? OYes []No a. If yes, what is the anticipated rate of disposal? __ tons/month. b. If yes, what is the anticipated site life? __ years. 18. Will project use herbicides or pesticides;' ~Yes [] No i.e. lawn care 19. Will project routinely produce odors (more than one hour per day)? DYes []No 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes ~ No 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) fossil, electric 22. If water supply is from wells, indicate pumping capacity 5 gallons/minute. 23. Total anticipated water usage per day 900 gallons/day. 24. Does project involve Local, State or Federal funding7 ~ Yes ~ No If yes, explain: ;ale of Development Rights to Town of Southold Page 7 of 21 ApprOvals Required: Type Submittal Date City, Town, Village Board N Yes ~ No City, Town, Village Planning Board [] Yes N No Subdivision approval Subdivision approval 06/09 07/09 City, Town Zoning Board DYes ~ No City, County Health Department [] Yes ~ No Other Local Agencies ~Yes [] No Other Regional Agencies DYes ~ No State Agencies ~Yes [] No Federal Agencies ~ Yes ~ No Zoning and Planning Information Does proposed action involve a planning or zoning decision? []Yes ~ No If Yes, indicate decision required: N Zoning amendment r"] zoning variance [] New/revision of master plan ~ Site plan ~ Special use permit [] Resource management plan ]Subdivision []Other Page 8 of 21 2. What' is the zoning classification(s) of the site? 3. What ia the maximum potential development of the site if developed as permitted by the present zoning? 12 lots 4. What is the proposed zoning of the site? N/A I 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? proposed action consistent with the recommended uses in adopted local ~and use plans? [] Yes [] No 6. Is the 7. What are the predominant land use(s) and zoning classifications within a ~A mile radius of proposed action? Agricultural Residential Is the proposed action compatible with adjoining/surrounding land uses with a Y4 mile? If the proposed action is the subdivision of land, how many lots are proposed? 4 lots a. What is the minimum lot size proposed? 54,800 sq.ft. Page 9 of 21 ~0~ Will proposed action requ re any author zation(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? []Yes ~No If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 12. Will the proposed action result in the generation of traffic significantly above present levels? a. If yes, is the existing road network adequate to handle the additional traffic. OYes D. Informational Details Attach any additional information as may be needed to clarify your project, if there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name P& E, LLC by Peter Harbes Date ~/~,2/O~" Signature ~ Title Member If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cDr. Ma~n Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Accounting From: Planning Department Date: June 25, 2009 Re: Payment Please deposit the attached check into the deferred account. Payment is for the Conservation Subdivision of Peter Harbes sketch application fee: application not yet accepted by the Planning Board. Applicant/P~oject Name & Type Peter Harbes Conservation Subdiv. Tax Map ~ 120-3-11.11 Amount $1,550.00 Check Date/No. Authorization Code 6/241091#273 CK Enc. E~ZE~-- ¥'~- -~ES ~ ' 273 ~l II'I'U~ NY 11952 g -~ ~-~ Date ,-~z,0 m ~y to the ~ / ~ ~.~.~ 2~, Bank~fAmerica / ~ / ~CH ~o~,~ ~ Bank of America Advantage- PLANNING BOARD MEMOS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~]CE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Accounting From: Planning Department Date: July 8, 2009 Re: Checks The referenced Conservation Subdivision application has been accepted by the Planning Board and the check may now be processed to revenue. Thank you. Project Name & Type Harbes, Peter sketch app. fee Tax Map ~ Amount Check Date & Number 120-3-11.11 1,~0.00 6/24/09-273 LR N ~ ~=I2'IO"~ ~k~lI MAP N.¥'.~. PLAN~ NAD 8D N / \ / \ / .% \ \ \ \ \ \ \ \ \ / / / / 51TE DATA TOTAL A~.EA = ~0/~)0 C, ONSE'~VATION ,~:4Jt~,DIN/151ON -LO') EN~,INEEt~.'5 OERTli::I~.ATION 5Ut~,VE"¢Ot~,'5 6.E~,TIFI~.ATION 5K. ETC.,H PLAN ] Tax Mop glsir,¢t lO00 $~¢t,on 120 Block O~ bo~ I I.H /-~qoo o so Ioo :oo ~oo 5r.,,ml¢: I" = I00' N ,'5- ( \ L \ / / S / / / / ~Oo.~(~ V \ oC / \ / JUN 2 6 2009 TOTAL A~A ~0/00 C, ON~=RVATION DU~DIVI,~ION ~=N~INEEI~.'D C.E~,TIFIGATION ~.',,'1Z¥O'~.'50EI~.TIF IC. ATION 80/~0 C. ON~tEt~.VATION .~UtDDIVI~ION Pt='T'E~ HA~,tDE:D cfi: Laurel, To~n oF 5out;hold 5uFPolk Oounf;~, Ne~ 'For'k DKETC, H PLAN Tax i,4~p ~,~t I000 s~t,o~ 120 8~o=~ OD ~ot Il.il J SIT~ DATA TOTAL A~A E~SAP DATA GONSEI~-¥ATION AtREA DATA SOILS DATA V'E®ETATIVtE DATA SLOPE DATA AEF~,IAL PHOTO®P-AF~H EN®tNEER'S C,E~TtFIC, ATION SOf~V~'fOt~'S GE~TIFIC, ATION N IN C) s~2°lO~40"E (~) SD& °I2'IO"E ~) s40°42'1o"~ (~) SDS°I?'IO"E &l.81' Thle is to certify thSs~~ has been approved b~ ~e Sou. t~ow.n~uoara Resolution No,~Dated.J~.~ ~up~T~or, Town of 8ou~o N.¥.5, PLANE NAD g~5 N ,, / \ ( \ \ \ \ / / / / \ \ \ ,DO/~O ~,ON~,VATION DUBZ21VIDION ~:N~INEEt~'D ~EI~,TIt=IOATION ~3Ut~V~¥O~,'~ ~,~=~TIt=IQATION ~O/&O C, ON~E~.VATION 5U~OIVIDION Pt=TtEt HA BED a~; Laurel, To~n ~' DoC, hold ~u~'rolk Gounf;~, N~ 'Cock 5KETOH PLAN I Count~ Tax 1'4~p ~r.t..~ tO00 s..~,.. 120 ,t.~l, O~ Lot II II ~cord o~ ~vislons REC EIV,":' D FEB 4 2010 Mailing Address: P.O. Box 1547 Rivevhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK February 2, 2010 TEL: (631) 369-8260 FAX: (631) 369-9080 E-mail: charles.cuddy@verizon.net Elizabeth A. Neville, Town of Southold PO Box 1179 Southold, NY 11971 Town Clerk Re: P & E, LLC c/o Peter Harbes-Aldrich Lane, SCTM#1000-120-03-11.11 Laurel, NY Dear Ms. Neville: I have forwarded three (3) mylars and twelve (12) prints to you for the Open Developmen5 Area designation in connection with the proposed subaivision of P & E, LLC (Peter Harbes). There was some concerns as to depiction of the subdivision. That has been resolved and therefore, I ask that the maps be pzesented to the Town Board in order to have them signed by the Supervisor. Very truly yodrs, Charles R. Cud CRC/ik Enc. Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK January 19, ,. :; 2 1 2010 , .,.: TEL~ FAX: (63]) 2010 Scott A. Russell, Supervisor Town of Southold PO Box 1179 Southold, NY 11971 Re: P & E, LLC c/o Peter Harbes-Aldrich Lane, SCTM#1000-120-03-11.11 Laurel, NY Dear Supervisor Russell: You will recall that the Town Board by Resolution#731 dated August 25, 2009, approved the Open Development Area of a 4-lot subdivision for P & E, LLC (Peter Harbes)which subdivision is locate~at Aldrich Lane,i Laurel.~-In accordance~with this approval the applicant deeded 18.3779 acres of development rights to the Town and the remaining 3.788 acres were divided into 3- ~e~idential lots. The applicant has complied with all of the requirements by the Planning Department and has recorded the Declaration of Covenants required Dy the Town Board's resolution and has satisfied all requirements for the sale of development rights to the Town. We therefore respectfully request that you sign the subdivision mylar maps and prints previously submitted and advise when it has been completed so we may file the subdivision map with the County Clerk. Very truly yours, En .CRC/ik . : ~ ...., · . ~, ~. .... ,. .' .... '. CC.~ Heather ,Lanza, Town Pl~ner i~' ':' '' ' : Melissa .S~iro, Land Preservation-.'Coord£~ato~ RESOLUTION 2009-731 ADOPTED DOC ID: 5253 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-731 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2009: WHEREAS, on August 1 O, 2009 the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 for a Conservation Subdivision pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P & E, LLC to establish an open development area pursuant to Chapter 240 of the Town code on property identified as part of S CTM #1000-120-3-11.11 and located in the A-C zoning district; and WHEREAS, the requested Open Development Area is located on 3.78 acres of the 22.17 +/- acre parcel with the Open Development Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement; and WHEREAS, on August 11, 2009 the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for August 25, 2009; and WHEREAS, on August 25, 2009, the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, open Development Area have been met; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore be it RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency and, as lead agency, makes a determination of non-significanea and grants a Negative Declaration; and it is further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an open Development Area for P&E, LLC on the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 subject to the following conditions: Resolution 2009-731 Board Meeting of August 25, 2009 1. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. 2. Submission and recording with the Suffolk County Clerk of covenants and restrictions on the Open Development area containing the following provisions: a. The establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. The buffer shall be comprised of evergreen plants of such type, height, spacing and arrangement as will effectively screen the activity on the lot from the agricultural area. As a minimum, the planting shall consist of a double row of trees 6 feet in height planted at intervals of 10 feet on center. b. All landscaped areas shall contain indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. c. All driveways shall be constructed of a pervious material. d. Installation of gutters, leader and drywells. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board of the Town of Southold has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 8/25/2009 3:23 PM by Lynne Krauza Page 2 SOUTHOLD TOWN BOARD PUBLIC HEAR1NG August 25, 2009 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Attorney Martin Finnegan Town Clerk Elizabeth Neville This hearing was opened at 5:24 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E~ LLC to establish open development area as complete~ and hereby sets Tuesday~ August 25~ 2009~ at 4:32 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New Yorlq as the time and place for a public hearing for the establishment of an open development area on property owned by P&E~ LLC, said property is identified as part of SCTM # 1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17+ acre parcel. The open development area consists of three lots of approximately 1.26+acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. I have a notice here that it has appeared, this legal notice has appeared in the local newspaper and it has also appeared on the Town Clerk's bulletin board outside. I have a certification from the Planning Board and from the Planning Department. This is a P & E LLC Open Development Area Public Hearing 2 August 25, 2009 memo to the Town Clerk from the Town Planning Director dated August 11th. 'As per your request of August 3rd, attached please find a copy of the August l0th Planning Board resolution granting sketch plan approval for the plat prepared by Howard Young, dated May 27, 2009 revised on July 29 for the proposed conservation subdivision of P & E LLC in the care of Peter Harbes. The Planning Board has carefully reviewed the petition submitted by the applicant requesting the creation of an open development area and finds the petition to be complete and correct. The Planning Board would like to note however, that although the Southold Town code article 8 open development area section requires the following to be submitted to the Town Clerk's office prior to the creation of an open development area, namely an executed easement between the property owner and one of the following entities, the town, the county etc. etc., despite that, an executed contract for the sale of development rights on the 18.37 acres exists and is on file with the Town Land Preservation Department. The Planning Board recommends that their approval to create an open development area for this project be conditioned upon the following namely the approval of the open development area shall not be valid if the sale of development rights to the Town is not completed and a copy of the recorded deed is not submitted to the Town on or before one year from the date of this approval. The Planning Board further recommends that the Board consider placing covenants and restrictions on the open development area based upon the Town's LWRP recommendations which are listed below. 1. To minimize use conflicts in lieu of section 161 on street, trees and the clearing requirements of the Southold Town code, consider the establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. It is recommended specifically that the buffer be comprised of evergreen plants of such types, height, spacing and arrangement as in the judgment of the Planning Board will effectively screen the activity on the lot from the agricultural area. At a minimum, the plantings shall consist ora double row of trees, six feet in height planted in intervals of 10 feet on center. 2. To further policy # 5, to protect and improve water quality and supply in the Town and protect and improve water quality supply in the area, the following best management practices are recommended. 1. Require that all landscape areas use indigenous drought tolerant vegetation and landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. 2. Require that all driveways be constructed of pervious materials to minimize stormwater impacts. 3. To require the installations of gutters, leaders and drywells to minimize stormwater impacts.' I also have a letter dated August 11, 2009 addressed to the attorney for Mr. Harbes. This is sent by the chairman of the Town Planning Board, regarding sketch approval. Dated August 25th, wow, I have got lots of things here, the one I just quoted is sketch approval for the conservation subdivision; this is a formal approval and the final notice is 'resolved that the Southold Town Planning Board here?thY grants sketch approval on the sketch plat prepared by Howard Young dated May 27t and last revised on July 29th.' The Planning Board also has a negative declaration dated August 25, 2009, wow, this is right up to date. 'This notice is issued pursuant to part 617 of the implementing regulations pertaining to article 8 of the environmental law. The Southold Town 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. The name of the action is the proposed open development area for P & E LLC and it lists the tax map number, location etc. and the description. The reason P & E LLC Open Development Area Public Hearing August 25, 2009 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.' And it shows the determinations that it was based upon. And I have a memo from the principal planner, Mark Terry dated August 24, 2009 which, don't need to worry about that, cover letter and I believe that is about all I have in this file. It has appeared as a, those are the only relevant, significant aspects in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this? TAMARA SADOO: Good afternoon, Tamara Sadoo, I am a planner in the Southold Town Planning Department. Member Wickham just did a good job of summing up exactly what the creation of this open development area is. I will just repeat briefly that this is a request to establish an open development area, the property is in Laurel, it is located in the AC zoning district. The total acreage of the site is 22.17 acres and the open development area will consist of 3.78 acres. Right now it is proposing to establish three lots, each approximately 1.26 acres and that will be preserved to allow the applicant to do that in the future. The remaining 18 some acres will be acquired by the Town using the Community Preservation fund, subject to development rights easement and will perpetually keep that amount of property in agricultural use. The Planning Board, as Member Wickham reviewed, looked at this application, we reviewed it as a conservation subdivision, we held a public hearing on it earlier this year August l0th, this summer and granted sketch approval on the application. I think that is essentially it. COUNCILMAN WICKHAM: I think most people understand by now, quite clearly, the purchase of development rights but an open development area is a new concept. We have gone through the legal steps, could you describe to the Board and others what an open development area really means? MS. SADOO: Sure. An open development area essentially is, you start out with a conservation where in this instance, well, a minimum of 75% of the land needs to be preserved, remain, you know, in perpetuity, preserved for agricultural use. In this case they are preserving just over 80% of the land. The open development area is a portion that is taken out of the preserved area and the current zoning in this instance AC zoning, whatever is allowed now under current zoning will be allowed in the future. Sort of locking in zoning today so that when you come in, for example if you are not quite sure what it is you want to do on that remaining acreage or you know, economically if you are not ready or you are still thinking about it, you don't have to develop right now but down the road 10, 15, 20 years from now, you can come back and say I have created this open development area, I have preserved this amount of land, I have sort of locked this few acres into place and I would like to now come in and develop this area. COUNCILMAN WICKHAM: Thank you. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town P & E LLC Open Development Area Public Hearing 4 August 25, 2009 Board? Mr. Cuddy? CHARLES CUDDY: Good afternoon, I represent P & E LLC. Just very briefly, it says two things really. It encourages conservation subdivisions and I think what it really does is it permits future approval of lots based on present zoning. And I think that is the real purpose of the open development area. And it is going to do this and we thank everybody for their entertaining it and hopefully, we will receive your approval. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this? COUNCILMAN KRUPSKI: There is just one thing, at the, one of the conditions that the Planning Board put on this, it says installations of gutters, leaders and drywells, I don't know, I can't remember what the language is in the drainage code but it should probably say something like to contain roof runoff on the buildings, just to be a little more descriptive. MS. SADOO: We can also make a note of that in our own records, that when the applicant does come back... SUPERVISOR RUSSELL: Still subject to 236. MS. SADOO: Correct. It is subject to 236 over all. COUNCILMAN KRUPSKI: Right. Thanks. SUPERVISOR RUSSELL: Okay. JUSTICE EVANS: I make a motion we close the hearing. This hearing was closed at 5:34 PM Eliz,~6eth A. Neville Southold Town Clerk #9424 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 20th dayof Au.qust, 2009. Sworn to before me this 1 week(s), successively, commencing on the Principal Clerk ~'~ L_/ dayof ~.~ ~.~/)~ 2009. NOTARY pUBLiC,$1'AT~ OF NEW yORK NO. O1.VO6105050 QuO~lfioci I~ ~uttoiK County LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E, LLC to establish open development area as complete, and hereby sets Tuesday, August 25, 2009, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing for the establishment of an open development area on property owned by P&E, LLC, said property is identified as part of SCTM #1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. Thc property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south £rom the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17_+ acre parcel. The open development area consists of three lots of approximately 1.26+acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: August 11, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON August 20, 2009 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attomey Land Preservation Comptroller Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the/q~ day of ~_~t~__, 2009, she affixed a notice of which the annexed printed not~ce ~-s a tree copy, iff 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, 53095 Main Road, Southold, New York. Re: P&E LLC ODA 67Elizabeth A. Neville Southold Town Clerk Sworn before me this /~fi day of d~--~, 2009. N&ary Public LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk County Term Expires December 31, 20 ~ RESOLUTION 2009-697 ADOPTED DOC ID: 5224 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-697 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2009: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a conservation subdivision on August 10, 2009, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P&E, LLC to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E~ LLC to establish open development area as complete~ and hereby sets Tuesda¥~ August 25~ 2009~ at 4:32 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by P&E~ LLC, said property is identified as part of SCTM #1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17_+_ acre parcel. The open development area consists of three lots of approximately 1.26+acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Resolution 2009-697 Board Meeting of August 11, 2009 Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 8/10/2009 3:37 PM by Lynne Krauza Page 2 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Martin Finnegan, Town Attorney...~- From: Mark Terry, Principal Planner Re: Proposed Open Development Area for P&E, LLC Date: August 24, 2009 As requested, I have reviewed the petition to establish an Open Development Area for P&E, LLC. pursuant to Chapter 240 Subdivision of Land; Article VIII of the Southold Town Code. The action is unlisted. Attached, please find a Negative Declaration for the proposed action pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. I can be reached at extension 5022 with questions. Eric. · '") Cc: Jennifer Andaloro, Assistant Town Attorney PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L~ EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance August 25, 2009 MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971 Ovu]CE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 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 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 Open Development Area for P&E, LLC SCTM#: SCTMs#1000-120-3-11.11 Location: 5645 Aldrich Lane, Laurel, NY 11901 SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The establishment of an Open Development Area located on 3.78 acres of the 22.17 +/- acre parcel with the Open Development Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. 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. The determination was based upon the following: This project will create an open development area on a 22.1659-acre parcel; preserving 18.3779 acres of agricultural farm land. The development rights on the preserved 18.3779 acre parcel, will be sold to the Town of Southold. The remaining 3.783 acres are being subdivided from the preserved land to allow for the potential future development pursuant to Article VIII of Southold Town Code which states "the Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by right-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the open development area." In the event that the open development area is developed in residential lots, the permissible maximum yield is three. The three lots would be recognized as clustered lots. The subdivision open space of the clustered lots would equal 1.73 acres and comprise a portion of the preserved area. The proposed action will not result in: I. A 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. A 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. A significant impairment in the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 4. A major change in the use of either the quantity or type of energy. 5. The creation of a hazard to human health. 6. 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. Material conflict with the community's current plans or goals as officially approved or adopted by the Town of Southold in that this proposed action is reducing density and preserving 80 percent or 18.37 acres of the buildable lands currently in agricultural production. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Persons: Mark Terry, Principal Planner or Tamara Sadoo, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND RECEIVED AUG 11 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southo]d, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 ~ufhold Town Clerk Memorandum To: From: Re: Date: Elizabeth A. Neville, Town Clerk Heather Lanza, Town Planning Director Petition Request for Open Development Area of P & E, LLC c/o Peter Harbes, Aldrich Lane, Laurel, NY SCTM# 1000-120-03-11.1 ! August 11, 2009 As per your request of August 3, 2009, attached please find a copy of the August 10, 2009 Planning Board Resolution granting Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 29, 2009, for the proposed Conservation Subdivision ofP & E, LLC c/o Peter Harbes. The Planning Board has carefully reviewed the petition submitted by the applicant to the Town Board requesting the creation of an Open Development Area and finds the petition to be complete and correct. The Planning Board would like to note, however, that although Southold Town Code Article VIII - Open Development Area, §240-28 (C) requires the following to be submitted to the Town Clerk's Office prior to the creation of an Open Development Area: "An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board", an executed contract for the Sale of Development Rights on 18.37 acres exists and is on file with the Town of Southold Land Preservation Department. The Planning Board recommends that the Town Board consider that their approval to create an Open Development Area for P & E, LLC, c/o Peter Harbes be conditioned upon the following: P & E, LLC/Harbes Page Two August 11, 2009 The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town of Southold Town Board on or before one year from the date o. f this approval. The Planning Board further recommends that the Town Board consider placing Covenants and Restrictions upon the Open Development Area based upon the Town of Southold's LWRP recommendations, which are listed below: To minimize use conflicts, in lieu of 3~ 161-44 - StreetTtrees. and 3~ 240-49 - Clearing Requirements of the $outhold Town Code, consider the establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. B is recommended that the buffer be comprised of evergreenplants of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from the agricultural area. At a minimum, the planting shall consist of a double row of trees 6feet in height planted at intervals of l0 feet on center. To further Policy 5, "Protect and improve water quality and supply in the Town of $outhold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: a. Require that all landscaped areas use indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. b. Require that all driveways be constructed of a pervious material to minimize slorm water impacts. c. Require the installation of gutters, leader and drywells to minimize storm water impacts Thank you. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND August11,2009 PLANNING BOARD OFFICE TOWN OFSOUTHOLD MAILING Al)DP, ESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 F~: 631 765-3136 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re; Sketch Approval: Proposed Conservation Subdivision for Peter Harbes Located at 5645 Aldrich Lane, Laurel SCTM#:1000-120-3-11.11 Zoning District: A-C Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 10, 2009: The public hearing was closed. WHEREAS, this proposed conservation subdivision is to subdivide a 22.1659 acre parcel into four (4) lots. Lot 1 equals 1.2650 acres (55,100 square feet), Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800 square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which The Town of Southold will pumhase the Development Rights in August 2009 for the purpose of farmland preservation; and WHEREAS, an application for sketch approval was submitted on June 26, 2009, including the sketch plan prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised July 2, 2009; and WHEREAS, on July 6, 2009, the Southold Town Planning Board, reviewed and accepted the application for formal review; and WHEREAS, this proposed conservation subdivision has 74,998 square feet of clustered conservation open space located within Lot 4 "Agricultural Preserve" which shall remain unbuildable pursuant to Southold Town Code §240-42; and WHEREAS, on July 8, 2009, referrals were sent to the following agencies for comment on the above-referenced project: Peter Harbes Page Two August 11, 2009 Town of Southold Engineer · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; and WHEREAS, on August 6, 2009, Suffolk County Planning submitted their comments and approved the above-referenced application; and WHEREAS, on August 6, 2009, the Southold Town LWRP Coordinator submitted comments on the above-referenced application; and WHEREAS, on August 6, 2009, the Southold Town Engineer submitted comments on the above-referenced application; and WHEREAS, those comments have been considered and accepted by the Southold Town Planning Board and have been incorporated into the sketch plan for the above- referenced application; and WHEREAS, the submitted application meets all of the requirements for sketch approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 29, 2009. Sketch Plan Approval is valid for six months from the date of issuance, unless extended by resolution of the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 755-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: From: Re: Town Attorney Martin Finnegan Town Planning Director Heather Lanza Town Clerk Elizabeth Neville Petition request for Open Development Area ofP & E, LLC c/o Peter Harbes, Aldrich Lane, Laurel, NY SCTM# 1000-120-03-11.11 Date: August 3, 2009 Please review the attached petition for completeness and correctness and submit your written report to me. Thank you. cc: Supervisor & Town Board Members w/o Maps and/or hear- ~. avail- tt (631) intersection of Aldrich Lane and Sound Avenue in Laurel, New york. The pro- posed open deve!opment area is located on 3.78 acres of the 22.17± acre parcel. of the remaining 18 _+' acres are ~ be acquired by the Town using Communi~ FURTHER NOTICE is hereby ~iven ~oeation) ........ #1000-120-'3;11.11; with an address at appr°i~ately 1,200 feet south/rom the LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E~ LLC to establish open development area as complete~ and hereby sets Tuesday~ August 25~ 2009~ at 4:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by P&E~ LLC, said property is identified as part of SCTM #1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17+ acre parcel. The open development area consists of three lots of approximately 1.26+acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: August 11,2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON August 20, 2009 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suftblk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the/q~-- day of ~.~_, 2009, she affixed a notice of which the annexed printed notice is a tree copy, i~{ 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, 53095 Main Road, Southold, New York. Re: P&E LLC ODA Sworn before me this /~fi day of (~.z. 9.t.,q.,% 2009. N~bl~ic~ LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01C04822563, Suffolk Cour)ty Term Expires December 31, 20 /3 67Elizabeth A. Neville Southold Town Clerk Southold Town Board - Letter Board Meeth g of August 11, 2009 RESOLUTION 2009-697 ADOPTED Item # 5.22 DOC ID: 5224 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-697 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2009: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a conservation subdivision on August 10, 2009, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P&E, LLC to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E~ LLC to establish open development area as complete, and hereby sets Tuesday, August 25, 2009, at 4:32 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York, as the time and place for a public hearing for the establishment of an open development area on property owned by P&E~ LLC, said property is identified as part of SCTM #1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17+ acre parcel. The open development area consists of three lots of approximately 1.26+acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Generated August 17, 2009 Page 29 Southold Town Board - Letter Board Meeting of August 11, 2009 Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski .Ir., Wickham, Evans, Russell Generated August 17, 2009 Page 30 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK Mailing Address: P.O. Box 1547 Riverhead, NY 11901 Elizabeth A. Neville, Town of Southold PO Box 1179 Southold, NY 11971 August Town Clerk 3, 2009 TEL: (631) 369-8200 FAX: (631) 369-9080 E-mai]: charles.cuddy~)verizon.net RECEIVED Re:P & E, LLC c/o Peter Harbes-Aldrich Lane, Laurel, NY SCTM#1000-120-03-11.11 Dear Ms. Neville: We are enclosing a Petition to the Southold Town Board together with three (3) mylars and twelve (12) prints of a 4-lot conservation subdivision which is presently before the Southold Town Planning Board. The applicant, P & E, LLC desires to obtain an Open Development Area pursuant to the Southold Town Code Article viii Section 240-26. The Development Rights on 18.37 acres of a 22.16 acre parcel are to be sold to the Town of Southold. We also enclose a Grant of Development Rights Easement which is to be signed at the time of the development rights sale. We respectfully request that you present the Petition, mylars and prints to the Town Board, in order to permit the Town Board to review the Petition and to schedule a public hearing and therefore adopt a Resolution recognizing an Open Development Area for the subject parcel. Very truly yours, Charles R. ~udffy~~ CRC/ik Enc. TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK In the Matter of the Application for P & E, LLC c/o Peter Harbes PETITION For the Open Development Area 1. p & E, LLC being the Petitioner and the owner o£22.1659 acres parcel located in the A-C Zoning use District at the west side of Aldrich Lane, Laurel, New York, makes this Petition to the Town Board of the Town of Southold for establishment of an Open Development Area pursuant to §280-a(4) of the New York State Town Law. 2. The parcel owned by the Petitioner is designated as SCTM#1000-120-3-11.11. 3. The above described parcel is the subject of the conservation subdivision pending before the Southold Town Planning Board (a copy of the conservation subdivision map prepared by Young & Young under date of July 24, 2009, is annexed hereto and made a part hereof). 4. The conservation subdivision includes three (3) proposed residential lots and a preserved area of 18.3779 acres reserved in perpetuity, which is more than 75% of the buildable land on the parcel. 5. The Petitioner seeks the right to obtain future approval of the lots on the annexed map and issuance of permits for the erection of structures thereon in accordance with the designated zoning use district (A-C) and the density and minimum lot size for the subject property in effect upon the approval of a Resolution of the Town Board establishing this requested Open Developmem Area. 6. The preserved area will have direct access from Aldrich Lane, as shown on the annexed subdivision map. 7. The Petitioner desires to have the conservation subdivision be recognized and approved as an Open Development Area (ODA). WHEREFORE, the Petitioner petitions this Board pursuant to Article VIII Section 240-26 of the Code of the Town of Southold and pursuant to §280-a(4) of the New York State Town Law to hold a hearing and to approve this petition by declaring the site to be an Open Development Area with full authority of the Petitioner to complete the subdivision at a future date. Respectfully submitted, P & E, LLC Peter Harbes STATE OF NEW YORK ) ) SS.~ COUNTY OF SUFFOLK ) On the~ day of '~e~f,./ in the year 2009, before me, the undersigned, personally appeared './ Peter Harbes personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instnnnent. CHARLES R. CUDDY Notary Public, State of New York No. 5872225 Qualified in Suffolk County Commission Expires December 31, 20_L¢~ RESOLUTION 2009-610 ADOPTED DOC ID: 5101 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-610 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2009: WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of a development rights easement on a certain parcel of property owned by P&E LLC on the 14th day of July, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the development fights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural and acquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it Resolution 2009-610 Board Meeting of July 14, 2009 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by P&E LLC pursuant to the provisions of Chapter 17 {Commnnity Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The development rights easement comprises a part of the property consisting of approximately 184- acres (subject to survey) of the 22.174- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell Updated: 7/14/2009 3:37 PM by Lynda Rudder Page 2 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the __ day of __., 2009 at Southold, New York. The parties are P & E LLC with offices at 5645 Aldrich Lane, Laurel, NY 11948, c/o Peter Harbes, Managing Member (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 11971 (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 #1000-120-3-11.11, more fully described in SCHEDULE attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey dated and last revised .prepared by (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"; and WHEREAS, the Property is located in the A-C Zoning Districts 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 used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), 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 §272-a of the New York Town Law ("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 (. ) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby 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 itself, and for and on behalf of its 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. 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 and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General hlunicipal 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 instrument 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 Recoqnition 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 General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code and other federal statutes. 0.05 Baseline 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, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by dated and last revised ., an aerial photograph of the Property dated , photographs of the Property taken in and maps, all on file with the Town Land Preservation Department, Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 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 Type 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 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including 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 "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and rvlarkets Law"), now or as such Laws and/or Code may be amended. No future restrictions In said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean 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, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 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 Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for and such other good and valuable consideration, hereby grant, release, and convey 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 Except as provided herein, no structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mininq 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. This 3.02 does not prohibit the grading of the Property for the construction of greenhouses, provided Grantor has obtained all necessary approvals for such grading and the erection of greenhouses, including but not limited to from the Land Preservation Committee, and such other approvals as the Town Code may require. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 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 portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board and as otherwise required by applicable law, subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved land subject to a development rights easement or an agricultural conservation easement. Notwithstanding this provision, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumoino 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, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. The Property may not be used for the ~creation or placement of utilities to service any other properties, except for underground utilities presently existing at the site, and referenced in an easement recorded at L.__ p.__ in the Office of the Suffolk county Clerk.. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, 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, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future, shall not be considered a commercial use. No improvements, uses or activities 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 Drainaoe The use of the Property for a leaching or sewage disposal field shall be prohibited. 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. 3.10 Development Riohts 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 or elsewhere in this Easement, and the parties agree that any other such development 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. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future. 4.04 Landscapina Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. 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, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Aqricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands if they are permitted in the future. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Construction of new structures, provided such structures are necessary for and accessory to agricultural production; Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "Structure" in Section 1.02; 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. No new construction is permitted outside of the area described in paragraph 4.06A(ii) above. 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. Grantors 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 or improvements built or permitted pursuant to this Section 4.06 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 the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining 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 recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any · such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. 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. 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, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, 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 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reouirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantor (which approval by Grantor shall not be unreasonably withheld) and by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or Its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. 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, 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 5.04 and 6.03, or to permit access upon the Property. 6.02 Restoration I'n addition Lo Grantee's remedies under Section 5.04, 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. 6.03 Enforcement Ri~lhts 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 as a 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 ten (10) days' written 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 To enforce any term, provision, covenant or obligation in this Easement or 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 be accomplished within 10 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, 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 to 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, 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 Extinquishment/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. 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 Property 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 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 the 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 Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §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 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, 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 those 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 Governinq Law New York Law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, 7.06 Interoretation 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. l'f 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 affect 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 their 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 it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq 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 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. TN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: P & E LLC, Grantor By: Peter Harbes, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2009 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) ls (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. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2009 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(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. Notary Public § 240-25 SOUTHOLD CODE § 240-28 Board's failure to take any action or hold any hearing on a preliminary or final plat within the statutory time periods. ARTICLE VIII Open Development Area § 240-26. Establishment. An applicant who has received sketch plat approval for a conservation subdivision pursuant to this chapter may apply to the Town Board for establishment of an open development area (ODA) pursuant to § 280-a(4) of the New York State Town Law. The Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by right-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the open development area. This provision supersedes and amends New York State Town Law § 265-a insofar as that section places a limited exemption on the time within which an adoption, change or amendment to the zoning regulations shall be applicable to a filed plat. § 240-27. General requirements. An open development area must meet the following general criteria: A. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R-40 Zoning Districts. B. It shall provide for the perpetual preservation of a minimum of 75% of the buildable land on the parcel. C. Access to the ODA shall be provided by a right-of-way or easement. D. The area where the proposed lots will be located shall be in accordance with that shown on the approved sketch plat. § 240-28. Submission requirements. The applicant shall submit the following items to the Town Clerk's Office: A completed petition to establish an open development area; Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; and including all information required in Article V, Sketch Plat Review, and the size and notation requirements set forth in Article VII, Final Plat Review, of this chapter. An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental 240:34 os. o~. 2006 § 240-28 SUBDIVISION OF LAND § 240-30 entity, or a private conservation corporation or land trust as approved by the Town Board. § 240-29. Procedure. A. Upon receipt of the items required under § 240-28, the Town Clerk shall refer the petition to the Planning Board for its review and specific recommendations within 14 days of receipt of referral. B. The Town Board shall provide notice pursuant to Chapter 55, Notice of Public Hearings, of the Town Code and shall hold a public hearing. C. The Town Board shall comply with the requirements of SEQRA. D. Following receipt of the Planning Board's recommendation and the public hearing, the Town Board may establish an open development area consisting of a certain number of acres within a specified portion of the proposed conservation subdivision. The Town Board may incorporate such further conditions and limitations as may be prescribed by the Planning Board by general or special rule. Such approval shall be by resolution. E. The approved map shall be signed by the Town Supervisor within 10 days of the adoption of the approving resolution. F. The following filing procedures shall be implemented for an approved ODA: (1) The Mylar maps shall be filed by the applicant with the County Clerk's Office as a miscellaneous map within 62 days of the date of approval. (2) Three paper copies shall be filed with the Town Clerk's Office, of which one copy will be returned to the applicant and one copy shall be sent to the Planning Board office for its records. (3) Failure to file the approved map within 62 days of the date of approval shall result in an expiration of such approval. § 240-30. Creation of lots. A. In order to create any lot(s) within a filed ODA subdivision, the property owner shall submit the following items to the Planning Board office: (1) Petition to implement the ODA. (2) Twelve paper copies of the ODA showing the location and dimensions of the proposed lot(s), in accordance with the approved ODA map. (3) Five paper copies of preliminary road and drainage plans. (4) Fee. 240:35 05.01-z00~ § 240-30 B. SOUTHOLD CODE § 240-32 Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to the Town Engineering Office for an estimate of the required improvements. C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said estimate. D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act (SEQRA). E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code. F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office of the County Clerk, the Town Clerk and the Planning Board office within 62 days after approval. ARTICLE IX Bonds and Other Security § 240-31. Purpose of performance bond. A performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat and, further, that the construction shall be completed within a reasonable period of time. § 240-32. Performance bond. A. Performance bond estimate. The amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, including but not limited to road cleating, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. B. The Planning Board shall pass a resolution either approving or modifying the performance bond estimate as recommended by the Superintendent of Highways. C. The Town Board shall approve or disapprove the performance bond, subject to the review and approval of the Town Attorney. If the performance bond is approved, it shall be filed with the Town Clerk, and the Town Clerk shall notify the Planning Board, in writing, of the Town Board's action. D. The Chair of the Planning Board shall not sign a final plat until notification by the Town Clerk of the Town Board's approval of the performance bond. E. After construction of the public improvements covered by the performance bond and prior to the release of the bond, the developer shall prepare a set of the approved drainage plans and street profiles amended to indicate as-constructed information. The developer then may apply to the Town Engineering Office and/or Superintendent of 240:36 o5- the than 796, here ~ ~ucture to :be the applica~t e adminishra- the board of >lied to such ff appeals on ndment was s intent, the appeal from for "(a) an require the ~ts or high- n two hun- existing or .Y.S.2d 74 iermit the :ess to an rip with a annulled. mt under als' argu- at actual ['he relief ] not an applicant the 1oca- 772, 371 t22, 382 ision dj- ss to an -of-way. pLANNING § 280-a an amendment to § 280-a, which author- development areas (§ 280-a(4)), discussed below, a Judge Hopkins asserted that "the legislative intent this amendment was that in the absence of an open area no power to grant a variance for a right of way in a zoning board of appeals." 49 A.D.2d at 573, 371 25 (Hopkins, J., dissenting). Based on these decisions d other decisions granting variances from local zoning regula- permitting various methods of access, the Attorney General s opined that [ ] number of courts have construed this provi- liberally." 82 Op. Att'y Gen. 281 (1982). See also Conley v. 40 N.Y.2d 309, 386 681, 353 N.E.2d 594 (1976); Spano v. Baldwin, 214 (Sup. Ct. Nassau Co. 1961). If a zoning board of grants a variance from the requirements of Town Law 280-a, the building inspector must issue building permits and not deny the same because of purported non-compliance of ~ road with town specifications. See Charter Land Development 2orp. v. Hartmann, 170 A.D.2d 600, 566 N.Y.S.2d 375 (2d Dept. 1991), lv. denied, 78 N.Y.2d 857, 574 N.Y.S.2d 938, 580 N.E.2d 410(1991). On the other hand, if a road is clearly inadequate to ensure safe access to a structure, the denial of a variance will be sustained. For example, in Lund v. Town Board of the Town of Philipstown, 162 A.D.2d 798, 557 N.Y.S.2d 712 (3d Dept. 1990), the denial of a variance for a private road which did not comply with the town's regulations for access roads was sustained. The proposed private road was only partially paved, possessed sharp curves, steep grades and insufficient drainage facilities and was too narrow. The court applied the area variance criteria of Friendly Ice Cream Corp. v. Barrett, 106 A.D.2d 748, 483 Ni.Y.S.2d 782 (3d Dept. 1984), analysis which is similar to the subsequently adopted statutory considerations for area variances, and concluded that the deficiencies were substantial, that granting relief would exac- erbate the provision of emergency services and existing drainage problems and that the applicant had failed to demonstrate the lack of feasible alternatives, such as the posting of a bond. The municipality, on the other hand, possessed a legitimate interest in ensuring safe and adequate access. See also Joseph v. Romano, 208 A.D.2d 926, 617 N.Y.S.2d 868 (2d Dept. 1994). In Brock Properties v. Bockman, 166 A.D.2d 525, 560 N.Y.S.2d 807 (2d Dept. 1990), the denial of a variance to permit a 16-foot wide access for three homes was sustained because of evidence sub- stantiating the existence of difficulties in fighting a fire at such location. As an alternative to the access requirements of Town Law § 280-a(1) and (2), a town board may, by resolution, establish 163 § 280-a ZONING AND one or more open development areas pursuant to § 280-a(4) wherein permits may be issued for structures to which access is provided by a right-of-way or easement. Prior to establishing an open development area, a town board is required to refer the question to the planning board for its recommendation. Town Law § 280-a(4) provides that an open development area estab- lished by a town board is subject to "such limitations as may be prescribed by general or special rule of the planning board..." Once it has created an open development area, the imposition of restrictions, [imitations or conditions is solely within the jurisdic- tion of the planning board and a town board may not further limit or condition its establishment of an open development area. See Worthington v. Planning Board of the Town of Carmel, 131 A.D.2d 466. 515 N.Y.S.2d 880 (2d Dept. 1987). In Worthington, for example, after the submission of an application for a five-lot subdivision of a 54-acre parcel the town board established an open development area for the property and the planning board thereafter unconditionally approved the five-lot subdivision. Thereafter, the town board issued a "clarification" of its earlier resolution and prohibited further subdivision of the open develop- ment area. Based upon the "clarification," the planning board denied an application to subdivide one of the parcels. The plan- ning board's denial was unauthorized because the town board's "clarification" "was a usurpation of the authority of the planning board to impose conditions and limitations upon the open devel- opment area, as well as the authority of the planning board to approve or disapprove subdivision plats." Id. at 468, 515 N.Y.S.2d at 881. The fact that property possesses frontage on an improved street does not preclude approval of an open development area for the property and use of other means of access by right of way or easement. See Wiederspiel v. Leifeld, 197 A.D.2d 781, 602 N.Y.S.2d 712 (3d Dept. 1993). Town Law section 280~a does not prefer one type of access over another, but simply defines the minimum acceptable access to a piece of property in order to obtain a building permit. Put another way, its provisions do not require a particular form of access, but rather are applied to the access as given to' determine if it is sufficient to permit the erection of a building. * * * the subject of whether the access for the subdivision lots as proposed,by the subdivider is sufficient for subdivision purposes is a distinct inquiry and involves a determination to be considered by the municipal planning ~ board in deciding whether to approve the proposed subdivi- sion. /d. at 782-83, 602 N.Y.S.2d at 714. 164 LNG AND PL/k~ L. 1997, c. 458: For ~ this law, see th New York. Zoning and planning C.J.S: Zoning and Lan la a caselaw databas related to Zoni~ NY Jut., 2d, Building and facilities, a NY Jar., 2d, Building of building pen NY Jar., 2d, Buildin[ bond. NY Jur., 2d, BuildLng NY Jut., 2d, Building NY Jut., 2d, Building NY Jttr., 2d, Counties Forms M~Kitmey's Forms, } lng a Subdivisi McKinney's Forms. Declaratory Jc a Condition to McKinney's Fonas, l Article 78 pro ing Permit am McKinney's Forms,' ~ proceeding to and Variance. McKinney!s Forms, proceeding to on Ground of Treatl~ and practice A Anderson's Am. Lax~ Anderson's Am. Lax tion of impro, Anderson's Am. Lay NY Zoning Law & F NY Zoning Law & F ~ Zoning Law & t NY Zoning Law & t N / \ / \ / TOTAL ~O/&O C, ON..GtERVATION 5UtDDIVISION DN~INEEI~,'5 GE~,TIt=IGATION .GUt~.VE¥Ot~.'~ CERTIt=IGATION ~O/&O C. ONSE~.VATION 51J~IVISION DETER HA E5 ~ L~ur~l, To~n of 5ouLhold Tax Hap Dletrlct I000 ~ti~. 120 Block O~ Lot Il. Il ~cord of ~vl~lons