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HomeMy WebLinkAbout1000-19.-1-7.5 MAILING ADDRESS: PLANNING BOARD MEMBERS aF'S�UT P.O.Box 1179 DONALD J.WILCENSIU O��` yam! Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex G 054375 State Route 25 JAMES H.RICH III A (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR liy40oun Southold, NY Telephone:631765-1938 Fax: 631765-31136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 31, 2013 Mr. Anthony Trezza c/o KPC Planning Services P.O. Box 1686 Westhampton Beach, NY 11978 Re: Sketch Approval Expiration: Proposed Clustered Standard Subdivision for Edward Latham Located at 31900 Main Road, Orient SCTM#1000-19-1-7.5 Zoning District: R-200 Dear Mr. Trezza: On December 21, 2011, you requested an Extension of Sketch Plan Approval to allow the applicant to address their pending Heath Department application. On January 9, 2012, the Planning Board granted an Extension of Sketch Plan Approval through July 9, 2012 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor, as permitted by Southold Town Code §240-14. A Preliminary Plat Application or request for an extension of time was not submitted to this office by July 9, 2012, therefore, Sketch Approval is considered expired. You may request an Extension of Sketch Plan Approval or call Alyxandra Sabatino if you have any questions regarding the information contained in this letter. Very truly yours, c �l Donald J. Wilcenski Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SO(/TP.O. Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cn 24C Town Hall Annex ellKENNETH L.EDWARDS ® �a�O� 54375 State Route 25 DONALD J WI CENSKI JAMES H.RICH 111 Ol�C0Ufm1�� (cor.Main Southold,NY Youngs Ave.) �Y Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 2012 Mr. Anthony Trezza c/o KPC Planning Services 108 Mill Road Westhampton Beach, NY 11978 Re: Sketch Approval Extension: Proposed Clustered Standard Subdivision for Edward Latham Located at 31900 Main Road, Orient SCTM#1000-19-1-7.5 Zoning District: R-200 Dear Mr. Trezza: The Southold Town Planning Board, at a meeting held on Monday, January 9, 2012, adopted the following resolution: WHEREAS, this proposed standard subdivision will subdivide a 127-acre parcel into two lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District; and WHEREAS, the Southold Town Planning Board granted Sketch Approval on July 13, 2009 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor; and WHEREAS, on January 6, 2010, the applicant submitted a request to the Southold Town Planning Board requesting a six-month Extension of Sketch Plan Approval granted on July 13, 2009 because survey work is still being prepared; and WHEREAS, Sketch Plan Approval expired on January 13, 2010; and Edward Latham Page Two January 10, 2012 WHEREAS, the Southold Town Planning Board granted a six-month Extension of Sketch Plan Approval from January 13, 2010 to July 13, 2010 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor, as permitted by Southold Town Code §240-14; and WHEREAS, Sketch Plan Approval expired on July 13, 2010; and WHEREAS, on July 11, 2011, the applicant requested an Extension of Sketch Plan Approval to allow the applicant to address Health Department regulations; and WHEREAS, on October 17, 2011, the Southold Town Planning Board granted an Extension of Sketch Plan Approval through January 13, 2012; and WHEREAS, on December 21, 2011, the applicant requested an Extension of Sketch Plan Approval to allow the applicant to address their pending Heath Department application; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an Extension of Sketch Plan Approval through July 9, 2012 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor, as permitted by Southold Town Code §240-14. A Preliminary Plat Application must be submitted to this office by July 9, 2012 unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, �) Donald J. Wilcenski Chairman "Q: 5 •,{6 F' YI f ! fl S {` e^..l'. ),-}ri? r „ ,ix .. 4dF' , 12/21/2011 15:06 FAX RPC planning copier Q0001/0001 { r �L T- 0,14 4�'� ^` ro A,✓ PLANNING SERVICES, INC. VIA FACSIMILE AND MAIL Wednesday,December,21,2011 Martin Sidor,Chairperson Town of Southold Planning Board f DEC 2 2 2011 54375 NYS Route 25, P.O.Box 1179 Southold NY 11971 I S- ;icici Ton y �I2nnin a RE: Subdivision of Edward Latham 1000-19-1-7.5 Dear Mr. Sidor: Please consider this a formal request for an extension of Sketch Plan Approval for the above- referenced application,,which was issued by the Planning Board at their meeting on July 13, '2009 and was subsequently extended until January 13, 2012. We respectfully request an extension until July 13, 2012. In order to submit a final subdivision application to the Town Planning Board, Health:Department approval is required. The Health Department application remains pending at this time and therefore the final subdivision application cannot yet be filed with your office. If you have any questions or need additional information, please feel free to contact this office. Thank you for your continued assistance this matter. Sincerer AnthoP.Trezza Principal Planner " Cc: Deborah Doty,Esq. 108 Mill Road,Westhampton Beach, NY 11978 W:631-998-3919 F:631-998-3921 E:kpcplanning@optonline.net V AILING ADDRESS: PLANNING BOARD MEMBERS ��OF So(/T�o MAILING Box 1179 MARTIN H.SIDOR h0 l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N ,c Town Hall Annex KENNETH L.EDWARDS ® COQ 54375 State Route 25 JAMES H.RICH III 0��. (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COU , Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2011 Mr. Anthony Trezza KPC Planning Services 108 Mill Road Westhampton Beach, NY 11978 Re: Sketch Approval Extension: Proposed Clustered Standard Subdivision for Edward Latham Located at 31900 Main Road, Orient SCTM# 1000-19-1-7.5 Zoning District: R-200 Dear Mr. Trezza: The Southold Town Planning Board, at a meeting held on Monday, October 17, 2011, adopted the following resolution: WHEREAS, this proposed standard subdivision will subdivide a 127-acre parcel into two lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District; and WHEREAS, the Southold Town Planning Board granted Sketch Approval on July 13, 2009 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor; and WHEREAS, on January 6, 2010, the applicant submitted a request to the Southold Town Planning Board requesting a six-month extension of Sketch Plan Approval granted on July 13, 2009 because survey work is still being prepared; and WHEREAS, Sketch Plan Approval expired on January 13, 2010; and WHEREAS, the Southold Town Planning Board granted a six-month extension of Sketch Plan Approval from January 13, 2010 to July 13, 2010 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor, as permitted by Southold Town Code §240-14; and Edward Latham Page Two October 18, 2011 WHEREAS, Sketch Plan Approval expired on July 13, 2010; and WHEREAS, on July 11, 2011, the applicant requested an extension of Sketch Plan Approval to allow the applicant to address Health Department regulations; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an Extension of Sketch Plan Approval through January 13, 2012. A Preliminary Plat Application must be submitted to this office by January 13, 2012 unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, �1 Martin H. Sidor Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, August 8, 2011 4:00 p.m. Applications Project name: j North Fork Sanitation SCTM#: 1000-83-3-4.7 i Location: �__ 18475 Cox Lane, Cutcho ue Description: I Proposal for a transfer station for construction demolition, scrap metal, i damaged cars; dismantling with shipping off site, refrigerators, stoves, I wood, aluminum; parking of sanitation trucks, trucks, cars and i dumpsters. Status: — __ _Expired Conditional Final Approval Action:__ ; Status Up- I Attachments_ I Project name: Perillo, Thomas & Edith SCTM#: 1000-145-2-17.1 & 17.2�i Location: ; Peconic Bay Boulevard, Mattituck Description: j This proposed lot line change will transfer 3,887 s.f. (the flagpole) of j SCTM#1000-145-2-17.1 to SCTM#1000-145-2-17.2. Lot 17.1 will decrease from 30,235 s.f. to 26,348 s.f., and Lot 17.2 will increase from 22,457 s.f. to 26,344 s.f. An area variance from the ZBA was granted in 12006 for Lot 17.1 to become more non-conforming in the R-40 Zone. Status: Pending -Action:_ Review for Neg. Dec. & Final Approval at Aug. 8 Public Meeting. Attachments: Staff Report; Draft Resolutions _A J Project name: I G.W. Meade Farm i SCTM#: 1000-69-5-7.1 ' Location: 1375 Ackerly Pond Lane, Southold Description: This site plan is for the proposed construction of a 5,200 s.f. horse barn i connecting to a 14,400 s.f. indoor arena for the keeping/breeding/raising j and training of horses and a riding academy with 10 parking spaces. Also; I on the property are a 1,140 s.f. single-family dwelling, a 1,965 s.f. frame _ C barn and a 700 s.f. frame building. Status: I New Site Plan 1 Action: ; Consider accepting application for review. j Attachments: Staff Report; Check List ' Pro ect name: _ ELatham,_Edward "------ I SCTM#:� Location: ; 31900 Main Road, Orient j Description: This proposed clustered standard subdivision will subdivide a 127-acre parcel into 2 lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres, and the remaining 10.05 acres will be restricted ! to agricultural use, and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District. i Status: ; Sketch Approval i Action: Extend Sketch Approval. i i Attachments: ^ ! Staff Report i PER _ .4 PLANNING SERVICES, INC. VIA FACSIMILE AND MAIL Thursday, July 07, 2011 Martin Sidor, Chairperson Town of Southold Planning Board 54375 NYS Route 25 P.O. Box 1179 Southold NY 11971 RE: Subdivision of Edward Latham 1000-19-1-7.5 Dear Mr. Sidor: Please consider this a formal request for an extension of Sketch Plan Approval for the above- referenced application, which was issued by the Planning Board at their meeting on July 13, 2009 and was subsequently extended until July 13, 2010. We respectfully request an extension until December 13, 2011. Issues relating to the survey and engineering work have delayed moving forward with project,but have since been resolved. If you have any questions or need additional information, please feel free to contact this office. Thank you for your continued assistance this matter. Sinc y Antho P. T a Principal PI er Cc: Deborah Doty, Esq. 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net 07/07/2011 14:08 FAX KPC .planning copier X00001/0001 PLANNING SERVICES, INC. VIA FACSIMILE AND MAIL Thursday,July 07,2011 Martin Sidor, Chairperson Town of Southold Planning Board 4 8 2Q11 54375 NYS Route 25 J�}1- P.O.Box 1179 ti Southold NY 11971 S�u,,o1d Zown� RE: Subdivision of Edward Latham e 1000-19-1-7.5 Dear Mr. Sidor: Please consider this a formal request for an extension of Sketch Plan Approval for the above- referenced application, which was issued by the Planning Board at their meeting on July 13, 2009 and was subsequently extended until July 13, 2010. We respectfully request an extension until December 13, 2011. Issues relating to the survey and engineering work have delayed moving forward with project,but have since been resolved. If'you have any questions or need additional information, please feel free to contact this office. Thank you for your continued assistance this matter. Sinc 4Pler tho a Principal Cc: Deborah Doty,Esq. 108 Mill Road, Westhampton Beach, NY 11978 W:631-998-3919 F:631-998-3921 E:kpcplanning@optonline.net •.r !` BOARD MEMBERS :_ �F$�(/r s' Southold Town Hall / PN Leslie Kanes Weisman, Chairperson �� y0 53095 Main Road•P.Q. Box 1179 ] ,`O !p Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning p i0 54375 Main Road(at Youngs Avenue) Ken Schneider �yCQUMy,N Southold,NY 11971 http://$outholdtown.northfork.netJ . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 NOV 19 2010 Southold Town _ _Planning Boar? { FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 16,2010 ZBA FILE: 6421 NAME OF APPLICANT: Edward Latham PROPERTY LOCATION:31900 Main Road, Orient NY SCTM#:1000-19-1-7.5 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 14, 2010, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LA`RP: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated October 13, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this .department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP.' SOUTHOLD TOWN PLANNING BOARD: This application was referred to the Town Planning Board for comments. On October 1,2010 the Planning issued its comments and stated their support in granting all of the j requested variances. SUFFOLK COUNTY SOIL AND WATER: This application was referred to the Soil and Water Conservation District and in a letter dated September,15, 2010,they found no environmental concern with the subdivision proposal. PROPERTY FACTS/DESCRIPTION: Subject parcel is 435,600 sq. ft. lot in the R200 District. It is improved with a single-family dwelling, accessory garage, numerous barns and green houses. It has 114.92 feet of frontage on Main Rd., (State Rte. 25), 905.66 feet along the east property line, 805.82 along the south property line, 866.81 ,on the west property line and 555.28 on the north property line, as shown on the survey dated July 13, 2010 prepared by John C.Ehlers,LS. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-14 (Bulk Schedule) based on an application for building permit and the Building Inspector's_July 29, 2010,Notice of Disapproval concerning proposed two lot subdivision;Parcel 1 - 1)lot size less than the code required 400,000 sq.ft.for two uses,2)side Page 2—November 16,2010 ZBA File#6421—Latham CTM- 1000-19-1-7.5 yard setback of less than the code required 30 feet, 3) lot coverage of'more than the code permitted 5%. Parcel 2— 1) lot size less than the code required 200,000 sq. ft,2)lot width less than the code required 270 feet. RELIEF REQUESTED: The applicant proposes to subdivide his property into two lots; Parcel one having two uses on 313,430 sq. ft. where the code requires 400,000 sq. ft., a side yard setback of 10 feet where the code requires 30 feet and lot coverage of 7.86% where the code permits 5%. Parcel two is proposed at 122,170 sq. ft. where the code requires 200,000 sq. ft. and lot width of 174.54 sq. ft. where the code requires 270 sq. ft. Additionally this proposal requires Planning Board approval. ADDITIONAL INFORMATION: At the hearing, a neighbor spoke in favor of the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 21, 2010,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed subdivision will result in only 1 additional residential lot to be located on a property of over 7 acres of land. The development rights of the adjoining property on all sides have been sold by the applicant to either the State of New York or County of Suffolk. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The uneven configuration of the two lots is due to the amount of wetlands on and adjoining the property. Due to the existing building on the property an area variance would be needed for this proposal. Under current zoning and Subdivision regulations, the proposed subdivision of this property into two residential lots requires a request for relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not substantial. Taking into account the dimensional characteristics of the surrounding residential lots and the amount of land that has been permanently preserved and thus protected from future residential development,the requested variances are not substantial. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has already preserved 114 acres of farmland and an additional 122 acres of wetlands/open space. Therefore, the proposed subdivision, which will result in only one additional residential structure on this already developed lot,will have minimal impacts on the physical or environmental conditions in the neighborhood. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. In so far as,the applicant is required to seek relief from the code the difficulty has been self created. Had the planning tools available today been in existence when the applicant originally proposed to preserve his land the area currently requested in this variance could have been subtracted from the total preserved land to make both lots conform to today's standards. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two lot subdivision while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member , seconded by Member , and duly carried,to GRANT, the variance as applied for, and shown on the survey prepared July 13, 2010 by John C. Ehlers, LS., subject to the following condition: • PagE 3—November 16,2010 ZBA File#6421—Latham CTM: 1000-19-1-7 5 i Condition: A common driveway access easement shall be provided from existing Lot 1 via the dirt driveway to and over northern portion of existing Lot 2 paved driveway to provide Lot 1 with access to and from Route 25, subject to review and approval by the Town of Southold Planning Board and in a form to be approved by the Southold Town Attorney. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. I The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman (Chairman), Goehringer, Dinizio, Schneider. (Member Horning by phone no voting right) This Resolution was duly adopted(4-0). rhe Leslie Kanes Weisman, Chai erson Approved for filing 1l//,/2010 i I i i i MAILING ADDRESS: PLANNING BOARD MEMBERS �QF so�Ty P.O. Box 1179 MARTIN H.SIDOR ���` Ql� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND 'Ql (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI yCQU �� Southold,NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date: October 1, 2010 Re: ZBA#6421, Request for Variances SCTM#1 000-19-1-7.5 Zoning District: R-200 Location: Orient The Planning Board has received your request for comments regarding the above referenced application requiring two lot area variances, a side-yard setback variance, a lot coverage variance and a lot width variance for the creation of a two lot subdivision on 10 acres in Orient. The Planning Board is in support of granting all of the requested variances as the landowner has preserved approximately 114 acres of farmland and 122 acres of wetlands and open space. Further, the creation of these tow lots, where one has an existing residence and existing agricultural outbuildings will not result in an undesirable change to the character of the community and neighborhood. Should you have any questions or need additional information, please contact the Planning Department. Thank you. BOARD MEMBERSSouthold Town Hall ��OF SO(/ryo l J Leslie Kanes Weisman, Chairperson � � 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G • Town Annex/First Floor,Capital One Bank George Homing 'gyp a 54375 Main Road(at Youngs Avenue) Ken Schneider �yCQO (,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson ' SEP ' ' 2010 i DATE: September 1, 2010 { Southold Town SUBJECT: Request for Comments ZBA#6421 — Latham, Edward W.Planning BoarH As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Latham, 19-1-7.5 #6421 7129/10 280-14 8/31/10 John C. Edward W. R-200 Ehlers, Zone Surveyor Your comments are appreciated by October 1, 2010. Thank you. Encls. 6811812010 10:47 7656641 BOARD OF TRUSTEES PAGE 01 r � TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: 07/29/10 TO: Deborah Doty for Ed Latham P O Box 1181 Cutcbogue, NY 11935 Please take notice that your application dated April 12, 2010 For subdivision at Location ofpropert3: 31900!Main Road, Orient,NY County Tax Map No. 1000- Scction 19 Block 1 Lot 7.5 Is returned herewith and disapproved on the following grounds: The pmpgsed subdivision of this parcel in-the.8200 Zone is not peanitted pursuant to Axticle III, Section 280-14.the Bulk Schedule: Parcel 1 is required to have 200,000 sq. ft. per use, however the plan indicates two uses with a lot size of less than 400,000 sq. ft.. In addition, the required side yard setback is 30 feet. The site plan indicates a 10' setback. Also, the required lot coverage is 5%. The proposed lot coverage is 7.86%. Parcel 2 is required to have a lot area of 200,000 sq. ft., however the plan proposes an area of 122,170 sq. ft. In addition, the required lot width is 270', while the proposed width is 174.54'. Also, per 240 of the Town Code, Planning Board approval is required. Authorized Signature CC: file,ZBA Note to Applicant: ,Any change or deviation to the above referenced application, way require further review by the Southold Town Building Department. Fee:S Fled Bp: , lfignment No_ APPLICAUON TO THE SOUTHOLD TOWN BOARD OF APPEALS House N&31900 Street Main Road Hamlet Orient SCTAI 1000 Section Z)CCZXCBIv,ck�_Lot(s 7.5 Lot Size _LQAC,,acre, zone R-200 I(WE)APPEAL THE-wVRrrTEN DETEEAM NATION OF THE BUILDWG Il'rISPELTOR DATED 7-29-2010 BASED ON S VEy{SHE PLAN DATED 7-13-2010 Applicant(s)fO uer(s): Edward W. Latham Afailing Address: 31900 Main Road Orient,NY 11957 Telephone: Fax• Email: -NOTE:In addition to the alcove.please complete below K application is signed by appnmes attorney,agent architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative:_ KPC Planning Services, Inc. forFwne>❑Q�ther: Address: 1 OR Mill Rnarl WP,thamntnn RParh,NY 1 197R Telephoner 631-998-3919 Fax: 631-98-3921 Email: Anthony-KPC@pptonline.net Fkaw check to Verify whir yruc t6sh ca regwnd ice to be mdtrr,frqoe the above names_ ❑APPlicanVOwDer(s), FX]Authorrizzed Representative,❑other Named Address below: WEMI :BY THE BUILDING INSPECTORREV'IEWW SURVEYISITE PIAN DATED 7-13-2010 and DENIED ANAPFLICATIONDATED 7-29-2010 FOR: ®Building permit Certificate of Oceupancy ( Pre-Certifit of Occupancy Change of Use Permit for As-Built Construction Other:_subdivision Provision of the wing Ordinance Appealed. (Tndicste Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection:- Type of Appeal An Appeal is made for: XQA Variance to the Zoning Code or ming hhpti Rill Variance due to lack of access required by New York Town Law=Section 280-A. F-IInterpr etation of the Town Cotte,Article Section ❑Re;mrsal or Other A prior appeal0 has,®has not been matte at ajW time with respect to this property TINDER Appeal No(s� Year(s). .1rPl=e be J=to resmwh befmv compteft this quafmorc7aHour a,,licaftrasastmce) Name ot"Owner: _ Z11 a tk RKASUIXS fMAt`PFAI,LGL&A rrti sheets mat be used vtth gMLa&s&axre AREA VARTAXCEREAS`OArS. (1) An undesirable change will not be produced in the CHM.CITR of the neighborhood or a detriment to nearby properties if granted,because: The proposed subdivision will result in only 1 additional residential lot to be located on a property of over 7 acres of land. PLEASE SEE ATTACHED PROJECT NARRATIVE FOR ADDITIONAL INFORMATION (2) The benefit sought bye the apppliont CMCT be ochioved by some metkod t'asible for the Unlg?currenP o"nog ant u%"ci v'mis on re�ga�ions,the proposed subdivision of this property into two residential lots requires the requested variances for the reasons stated in the Notice of Disapproval issued by the Building Department. PLEASE SEE ATTACHED PROJECT NARRATIVE FOR ADDITIONAL INFORMATION alt amptnnt of reWre restd is not substantial because., Talang into account the dimensional characteristics of the surrounding residential lots and the amount of land that has been permanently preserved and thus protected from future residential development, the requested variances are not substantial. PLEASE SEE ATTACHED PROJECT NARRATIVE FOR ADDITIONAL INFORMATION (4)The variance itiill NOT leave oo adverse effector ivopaet on the phy'ArAl or my ironmcutal conditions in the neighborhood or district bream: The applicant already preserved approximately 114 acres of farmland and an additional 122 acres of wetlands/opens space. Therefore,the proposed subdivision, which will result in only one additional residential lot,will not have any impacts on the physical or environmental conditions in the neighborhood. PLEASE SEE ATTACHED PROJECT (5) 116s the alleged difeulty been self created?Dyc.%or nX)No. NARRATIVE FOR ADDITIONAL INFORMATION Am there Covenants and Restrictions coacmitig this lalnd, IN No,❑Yes(yease(1rrittsh cul This is the MINMUM that is necessary and adequate,and at the same timet~preserve and protect the Character ofthe neighborhood alid the health,satety,and ivelthm of the community+. Ched this ba (Qt IF A.WE VANANC 'Z MEVG.ItE908Tli RO AU) PIZO COMAUT WE AUACUED USE VARMWE,SHEET., (Almobewre to c gar a e Signature otAppoll or Authorized Agent Cwt mint subndrwAttel Autburintlon tinm0%suet) Sworn to Mote Ime this 30-& day ttf 20LI ar Pakllc _ JEAN S.SCHWEIBISH Notary Public,State of New York No.01SC5074710 Qualified in Suffolk County Commission Expires March 17,20—h— Property of Edward W.Latham Orient,New York 1000-19-1-7.5 Proiect Description The subject property is 10 acres (435,600 square feet), is zoned CR-200 and is located on the south side of Main Road, west of Bight Road in Orient. The subject property is the remaining developable parcel of land from a previous development rights sale over 25 year ago involving approximately 114 acres of farmland, and approximately 122 acres of additional wetlands/opens space. The property is currently improved with a single-family residence and a number of agricultural buildings, including barns and greenhouses, all used in connection with the active agricultural use of the site. For the purposes of estate planning, this proposal is to subdivide the 10-acre site into two lots, where Lot 1 is 313,430 square feet (241,790 square feet of upland) and contains the existing farm structures, and Lot 2 is 122,170 square feet and contains the existing single family residence. Pursuant to the Notice of Disapproval issued by the Building Department on July 29,2010,the variances that are being requested are as follows: 1. Lot area variance of 86,570 square feet for proposed Lot 1. Lot 1 is required to have 400,000 square feet, where the lot area is only 313,430 square feet (200,000 square feet per use). In this case there is an existing agricultural use and a proposed residential use, and therefore the two uses requires 400,000 square feet, resulting in a lot area deficiency of 86,570 square feet. 2. Side yard setback variance of 20' for an existing garage on proposed Lot 1. The required side yard setback is 30',where 10' is provided. 3. Lot coverage variance of 2.86% for proposed Lot 1. The lot coverage for proposed Lot 1 is 7.68%, where 5% is the maximum required under the Zoning Code. 4. Lot area variance of 77,830 square feet for proposed Lot 2. The minimum lot area is 200,000 square feet, where proposed Lot 2 has a lot area of 122,170 square feet. 5. Lot width variance of 95.46' for proposed Lot 2. The minimum lot width requirement is 270 feet,where proposed lot 2 has a lot width of 174.54' The following information addresses the five (5) criteria the ZBA must consider when making a determination to grant the requested area variances. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance: The granting of the variances will not result in an undesirable change to the character of the neighborhood or a detriment to nearby properties. The 10 acre site that is the subject of this application is already improved with existing residential and agricultural structures 1 108 Mill Road,Westhampton Beach, NY 11978 W:631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net Property of Edward W.Latham Orient,New York 1000-19-1-7.5 that have been part of the community for many years—some more than 100 years - and, more importantly, are critical components of Mr. Latham's farm operations. Further,the rural character of the community has been largely defined by the land that Mr. Latham already preserved, including the approximately 114 acres of farmland and 122 acres of wetlands/open space. The main objective of the applicant is estate planning, which is typical of many farmers throughout the Town. Estate planning is essential in ensuring the long term sustainability of the agricultural industry, which is at the very core of Southold's efforts to preserve the rural qualities that define the communities throughout the Town. The ability to construct an additional residence on proposed Lot 2 will have no impact on the character of the community. The site is already developed with existing farm structures, which are not visible from the road and will not be as a result of granting the requested variances. Further,the potential residence will have large interior setbacks and therefore would not impact adjacent properties,which in this case is an existing residence already owned by Mr. Latham. In addition, the character of community as,it pertains to the existing residential development on both the north and south sides of Main Road is defined by lots that are substantially smaller than the lots being created as part of this subdivision. To the west of the subject site, there are a number of residential properties with lot areas.significantly smaller than the two lots being crated as part of this subdivision. The same holds true as it relates to the lots on the north side of the highway, where there is a subdivision of small lots between 1 and 2 acres in size on average. Whether the benefit sought by the applicant can be achieved by some other method, feasible for the applicant to pursue,other than an area variance: In order to subdivide the property as proposed and obtain the right to develop a residence on proposed Lot 1,the variances as outlined above are needed. Whether the requested variance is substantial: The character of community as it pertains to the existing residential development on both the north and south sides of Main Road is defined by lots that are substantially smaller than the lots being created as part of this subdivision. To the west of the subject site, there are a number of residential properties with lot areas significantly smaller than the two lots being created as part of this subdivision. The same holds true as it relates to the lots on the north side of the highway, where there is a subdivision consisting of many small lots with lot areas ranging in size between 1 and 2 acres, with structural setbacks reflecting these lot sizes. Therefore, when taking into account the existing dimensional characteristics of the neighboring lots, the proposed setbacks and lot sizes are consistent with many of the residences within the surrounding neighborhood and in that context,the variances requested are not substantial. 2 108 Mill Road,Westhampton Beach, NY 11978 W.631-998-3919 F:631-998-3921 E: kpcplanning@optonline.net Property of Edward W.Latham Orient,New York 1000-19-1-7.5 In addition,the requested variances are not substantial when taking into consideration the nature of the surrounding land uses and the restrictions associated with them. As previously stated,the subject property is adjacent to preserved farmland with no potential for future residential development. In this case, the total acreage of the site prior to the development rights sale was approximately 246 acres, of which approximately 122 acres is wetlands, leaving 124 acres of buildable land that could have been used to calculate the yield and preservation requirements under the Town's subdivision regulations. Under the 75/75 conservation subdivision requirements, the total yield would be 6 lots and the minimum amount of buildable land to be preserved is 93 acres, representing the required 75%reduction in permissible yield and the preservation of 75%of buildable lands. Under the 80/60 conservation subdivision requirements, the total yield would be 10 lots and the minimum amount of buildable land to be preserved is 99 acres, representing the required 60% reduction in permissible yield and the preservation of 80% of buildable lands. Therefore, with 114 acres of buildable land already preserved and only two lots proposed, one of which is already improved with a single family residence, this proposal would have met the criteria to be classified as a conservation subdivision under either scenario. More importantly, under a standard subdivision, the yield would have been approximately 21 lots, with only 74 acres of land preserved. This would have resulted in lots that are smaller than the required 200,000 square feet (and associated dimensional requirements) given that said lots would have been required to be clustered. In such instance, there would have been automatic relief granted for those building lots in order to accommodate the smaller lot sizes in exchange for the preserved land. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighborhood or district: The proposed action is classified as a Type II Action pursuant to SEQRA and therefore no fiuther environmental review is required. Given that the property is already developed, no additional site clearing would be needed to accommodate a potential new residence on proposed Lot 1. In addition, and most important, the subject 10 acre site is the remaining developable parcel of land from a previous development rights sale involving approximately 114 acres of farmland, and approximately 122 acres of additional wetlands/opens space. The resulting elimination of potential residential density is an important consideration with this application. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not preclude the granting of the area variance: The subdivision with the ability to construct a residence on Lot I is proposed by the applicant. However, the property has been subject to the Town's up-zoning throughout the years, as well as the amended subdivision regulations that went into effect in 2004. Said regulations have made it difficult for the property owner to conduct effective estate planning that complies with all of the zoning and subdivision regulations, despite Mr. Latham's longstanding commitment to farmland preservation. Therefore,the difficulty 3 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F:631-998-3921 E: kpcpianning@optonline.net Property of Edward W.Latham Orient,New York 1000-19-1-7.5 here is not a result of the property owner's dismissal of the Town's zoning regulations, but rather is the product of zoning regulations that have changed over time. For example, the Town eliminated the "set-off' provision of the Town Code, which was specifically designed to provide farmers a simplified way to subdivide their properties for the purposes of separating existing residences from the rest of the farmland. This option was often used by farmers as part of their estate planning but is no longer an option since all subdivisions are now classified as Conservation or Standard, neither of which accommodates farmers needs. "The creation of a board of appeals, with discretionary powers to meet specific cases of hardship or specific instances of improper classification, is not to destroy zoning as a policy, but to save it. The property of citizens cannot and ought not to be placed within a strait jacket. Not only may there be grievous injury caused by the immediate act of zoning, but time itself works changes which require adjustment. What might be reasonable today might not be reasonable tomorrow"(People v. Kerner, 125 Misc.526). 4 108 Mill Road,Westhampton Beach, NY 11978 W.631-998-3919 F:631-998-3921 E: kpcplanning@optonline.net APPLICAN'T'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Edward W. Latham Date Prepared: August 5, 2010 I.For Demolition of Existing Building Areas Please describe areas being removed: H. Nen*Construction Areas(New Dwelling or Nen Additions/Extensions): Dimensions of first floor extension: 2,000 square feet potential; no new construction proposed Dimensions of new second floor: 2,000 square feet potential;no new construction proposed Dimensions of floor above second level: n/a Leight(from finished ground to top of ridge): n/a Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Application is only to subdivide. No new construction proposed; future potential for new residence Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Lot 1: 7.78%; Lot 2: 2.61% Proposed increase of building coverage: Lot 1: 0.08%increase to 7.86% Square footage of your lot: Lit 1: 313,430 square feet; Lot 2: 122,170 square feet Percentage of coverage of your lot by building area: V. Purpose of New Construction: Potential future residence VI. Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement : Flat to gently rolling topography; significant farmland,WN some wetlands. The requested variance is due to a lack ot lotarea required in the R-200 Zoning District. The area of the wet ans gets Excluded from the lot area requirements for the purposes o establishing yield for the subject property. Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. N/A Requested variances are for the purposes to subdivide the property into 712002;Z/ZOaS; 1/2007 two (2)residential lots. No new construction proposed at this time. Potential new residence on Lot 1 will comply with applicable setback. requirements. Coverage variance being sought for a residence with a maximum footprint of 2,000 square feet. w � 7.2 6 0 23 6'Jry �R 24 TJ 3 a ua. u, u 9 ,y 2.8A(G 1.2A<cl a �'�� t V 22 m t �•(c1.� IL5 �'� S,BA 30.6 30.5 1 °D L1A B w MAW �\ 4} 21 S O\ LOA 30.3 i °° 20 1 I• 7 — L �, ✓ ua 12 19 la 6P 30 / RD. 25 1 e 20.2A(c) MAIN OLD Mq� 15 U N w 6 >a s R 1. S 14 17.2 �a b T B4lcr s toa Y000 2 5.OA a �s6'9 15 0 d' q1 • c q 15+ 17.1 ' j12.3 sr"." 44 _ m, -in L3Afcf STATE OF NEW YORK y" s LI s 1L4 ° f> m 11.5 'r 29.SA i a L9A E ITI"OF SpUfJp{D _" - sss pEYE1Q^YENf Rf,11(9 // 7.6 iva.a�u 119.SA STATE OF NEW PORK— .ry m Ju 11.6 5.01 L3 01 S.OA e Dv , a ,a ss is uo a 8.4 O75.4Afc1 b � c m, Q ttn / • Md/� 7.4 Rr-ax • ; -� CEYE(OPYENr lNGYI51 Y� OSao Lo +� k .o- n X Y 4• R mr A 5 - ` v MAILING ADDRESS: PLANNING BOARD MEMBERS OF S !/j P.O.Box 1179 MARTIN H.SIDOR O�� y�l Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS � � Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JOSEPH L.TOWNSEND (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI �lij'`+omm Southold,NY Telephone: 631765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 9, 2010 Mr. Kyle Collins c/o KPC Planning Services 106 Mill Road Westhampton Beach, NY 11978 Re: Extension of Sketch Approval: Proposed Clustered Standard Subdivision for Edward Latham Located at 31900 Main Road, Orient SCTM#1000-19-1-7.5 Zoning District: R-200 Dear Mr. Collins: The Southold Town Planning Board, at a meeting held on Monday, February 8, 2010, adopted the following resolution: WHEREAS, this proposed clustered standard subdivision will subdivide a 127-acre parcel into 2 lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres for agricultural uses only, and the remaining 10.05 acres will be restricted to agricultural use, and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District; and WHEREAS, the Southold Town Planning Board granted Sketch Approval on July 13, 2009 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor; and WHEREAS, the applicant on January 6, 2010, submitted a request to the Southold Town Planning Board requesting a six-month extension of Sketch Plan Approval granted on July 13, 2009 because survey work is still being prepared; and WHEREAS, Sketch Plan Approval expired on January 13, 2010; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a six-month extension of Sketch Plan Approval from January 13, 2010 to July 13, 2010 upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor as permitted by Southold Town Code §240- 14. Latham Page Two February 9, 2010 Sketch plan approval is valid for six months. Within six months of the date of this approval, a Preliminary Plat Application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, \-VY\0" , � 1 Martin H. Sidor Chairman Southold Town Planning Board —Work Session —2/1/10— Page Two Project name- Latham, Edward I SCTM#: 1000-19-1-7.4 & 19-1-7.5 I Location: 31900 Main Road, Orient Description: ; This proposed clustered standard subdivision will subdivide a 127-acre parcel into 2 lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres, and the remaining 10.05 acres will be restricted to agricultural use, and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District. Status: Sketch-Approval---------- Action: ; Extend Sketch Approval. i Attachments: Draft Resolution Project name: Nickart Realty TM#: 1000-52-2-13 Location- South side of CR 48, approximatel�r 900 feet west of Bayberry Lane, in Southold Description: ; Subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in_the R-40 Zoning District Status: I Conditional Sketch _ Action: Review list of proposed vegetation for buffers/landscaping; set public hearing { i Feb. 8, 2010 for Mar. 8, 2010. Attachments: , List of Recommended Vegetation, Draft Resolution Project name: i Scharf— Lot Line Change j SCTM#: ; 1000-81-3-25.1, 81-3-26 ; Location: _ Paradise Point Road, Southold Description: This proposal is to transfer 6,917 sq. ft. from Lot 2 which totals 94,446 sq. ft. (SCTM#1000-81-3-26) to Lot 1 which totals 135,332 sq. ft. (SCTM#1 000-81-3- 25.1). As a result of this transfer, Lot 2 would be reduced in overall area to 87,529 sq. ft. and Lot 1 would increase in overall area to 142,249 sq. ft. in the R-80 Zoning District. Status: Open — Action_ _ Review requested backOround/history for this project. Attachments: ! Letters from Previous File j Project name: _ — 1 Neumann, James --_ SCTM#: , 1000-107_1-1.1 & 107-1-1.2, Location: ; Mattituck Creek and Mill Road, Mattituck Description: i Proposed 5 lot standard subdivision Status: i Open —_ Action. i Review submitted plot plan & attached letter to applicant_ ft ! Attachments: I DraLetter to Applicant Project name: i Mazzaferro, Karen 1 SCTM#:_ 1000-63-1_12 Location: on the east side of Horton's Lane, in Southold ; Description: This proposed standard subdivision is to subdivide a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District. Status: ; Sketch Approval Action: _ Set public hearing Feb. 8, 2010 for Mar. 8, 2010. Attachments: ' Draft Resolution [NINO PLANNING SERVICES, INC. VIA FACSIMILE AND MAIL Monday, January 04, 2010 L Martin Sidor, Chairperson Town of Southold Planning Board 54375 NYS Route 25 P.O. Box 1179 JAN 6 2010 Southold NY 11971 RE: Subdivision of Edward Latham 0 , ' 1000-19-1-7.5 Dear Mr. Sidon Please consider this a formal request for a six (6) month extension of Sketch Plan Approval for the above-referenced application, which was issued by the Planning Board at their meeting on July 13, 2009 and is set to expire on January 13, 2009. Survey work is still being prepared and therefore additional time to submit the preliminary application is needed. If you have any questions or need additional information, please feel free to contact this office. Thank you for your continued assistance this matter. Si cer y 'c P. P. Tr Z4Anth y Tr za Principal Planner Cc: Deborah Doty, Esq. V 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net 01/04/2010 16:36 FAX KPC planning copier I910001/0001� PLANNING SERVICES, INC. VIA FACSIMILE AND MAIL Monday,January 04,2010 �� Ln Martin Sidor Chairperson Town of Southold Planning Board 54375 NYS Route 25 k -1 P.O.Box 1179 Southold NY 11971 RE: Subdivision of Edward Latham 1000-19-1-7.5 Dear Mr. Sidor: Please consider this a formal request for a six (6) month extension of Sketch Plan Approval for the above-referenced application, which was issued by the Planning Board at their meeting on July 13, 2009 and is set to expire on January 13, 2009. Survey work is stiff being prepared and therefore additional time to submit the preliminary application is needed. If you have any questions or need additional information, please feel free to contact this office. Thank you for your continued assistance this matter. Si cer y Anth y P.Tr a Principal Planner Cc: Deborah Doty,Esq. 108 Mill Road,Westhampton Beach, NY 11978 W:631-998-3919 F:631-998-3921 E: kpcplanning@optonline.net DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O BOX 118i CUTC~4OGVE, NY 11935-0876 FAX 631-734-7702 631-734-6648 July 27, 2009 Southold Town Planning Board Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 RE: Proposed cluster Standard Subdivision for Edward W. Latham 31900 Main Road, Orient, NY (SCTM # 1000-19-1-7.5) Dear Members of the Board: I represent Edward W. Latham. This is to confirm my client's request that the Town of Southold waive any additional application fee in connection with the above-referenced subdivision. This also will confirm that inasmuch as there is no increase in density, no park and recreation fee will be required. Thank you for your assistance in this matter. Respectfully submitted, Deborah Dory DD:bdr cc: Edward W. Latham KPC Planning PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND July 14, 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 01~'1,'1 CE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. Kyle Collins c/o KPC Planning Services 108 Mill Road Westhampton Beach, NY 11978 Re: Sketch Approval: Proposed Clustered Standard Subdivision for Edward Latham Located at 31900 Main Road, Orient SCTM# 1000-19-1-7.5 Zoning District: R-200 Dear Mr. Collins: The Southold Town Planning Board, at a meeting held on Monday, July 13, 2009, adopted the following resolutions: WHEREAS, this proposed standard subdivision will subdivide a 127-acre pamel into two lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage in the R-200 Zoning District; and WHEREAS, on June 4, 2009, the applicant's agent sent a letter amending the concept plan to Subdivide the 124.05-acre parcel into two lots; and WHEREAS, the Southold Town Planning Board reviewed the concept plan at their July 6, 2009 Work Session and accepted the concept; and WHEREAS the Southold Town Planning Board classifies the proposed action as a clustered standard subdivision with recognition of the past Development Rights Sale on the property and, as such, agrees to waive the following sections of the Southold Town Code: 1. §240-10, A Existing Resources and Site Analysis Plan(s) (ERSAP) Requirements except items: Latham PaRe Two July 14, 2009 (c) Water resources: [1] Wetlands pursuant to the Freshwater Wetlands Act, Environmental Conservation Law (ECL) §24-0101, et seq., the Tidal Wetlands Act, ECL §25-0101, et seq., and Chapter 275, Wetlands. and Shoreline. (d) Flood-prone areas as shown on Federal Emergency Management Agency (FEMA) maps and other information pursuant to Chapter 148 of the Town Code (Flood Damage Prevention); and WHEREAS, the Southold Town Planning Board agreed to waive §240-10 Technical Requirements, B Yield Plan of the Southold Town Code in lieu of mathematical calculations showing that the requirements of a standard subdivision have been met; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as Lead Agency for the Unlisted Action and as Lead Agency will perform an uncoordinated review of the action; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval upon the map entitled "Survey of Property Situate: Orient", dated November 19, 2006, prepared by John C. Ehlers, Land Surveyor. Note that the following will be required to proceed with Preliminary Plat review: 1. The Board will support a petition to reduce the Application and Park & Playground Fees that apply to a standard subdivision. A petition requesting the reduction in fees shall be submitted to this office for delivery to the Town Board. 2. Submission of a Preliminary Plat Application. 3. Submission of a Preliminary Plat with the following changes: a. Add name of property owner. b. Add the distance to the nearest existing or platted streets, street intersections, or other public ways within or immediately adjacent to the tract. c. Show all utilities, available and/or proposed, including easements therefore, and all streets which are existing, proposed, or shown on the Official Map, if any. d. Add the zoning district, including exact boundary lines of the district. e. Label the plat Clustered Standard Subdivision of Edward Latham. f. Change the solid lot line between the Latham Farm Property LP and Proposed Lot 1 to a dashed line indicating that the Agriculture Easement Area is a part of Lot 1 equal to 124.05 acres. g. Show the limits of wetlands on Lot 1 and regulatory setbacks. h. Label Lot 1 as "Lot 1 Agricultural Easement Area". i. Note on the Preliminary Plat "Lot 1 contains 2.04 acres of subdivision open space". Latham PaRe Three July 14, 2009 j. List the percent cover of existing buildings on Lot 1. 4. Submission of a permit or Letter of Non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. Submission of a draft Agricultural Easement for Lot 1. Specific details regarding the easement shall be negotiated with the Planning Board as the application continues to be processed. Note that the easement must refer to the 2.04 acres of subdivision open space included within Lot 1. 6. Submission of a New York State Curb-Cut Permit or waiver requiring such permit. The applicant is advised that Covenants and Restrictions and/or design changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, the Town Engineer and the Suffolk County Planning . Commission and future amendments may be necessary. Sketch plan approval is valid for six months. Within six months of the date of this approval, a Preliminary Plat Application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman 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: n' ~ 31900 Man Road Orent Locat o ......................... De~:ri'p~i'~n: ........ Ti~ ~"l~rcJp0s~d-"~0n'~ervat'~3'~ SUl~d~Ws~on of 124 acres created 2 ots. 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- ............. ,~C) p..~?!~g ~!~[icL .................................. i StamBul .................. i~pen Act on' ~ Rev ew reso ut on for Sketch P an approval Attachments [~.r~ff resQ.!.uti0~ Location: Aldrich Lane, Laurel for Town Board approval (potential future Conservation Subdivision for , three building lots and preserved farmland) AC~i'~'i .......... i"§~h~l~"~i'i~"i Hrg. for August 10 2009 at July 13 2009 Pub. Mtg. Attachments S'~f.. [~p..o. rt -..Han. d out ............................................................. ' I~Rca~ign; ....... 3800 Duf:k..PQ.nd Roa.d,.Cutchog.ue ........................ 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, restaurant, pool and pool house on a12.3 acre site split-zoned in the Resort Residential and Agricultural Conservation Zoning Districts. Status i Site P!an mview Action: ~ Review draft resolution for SEQRA determination Attachments Draft reso ut on Project'-na'me ' conki'ing Poil~t EStates .... ['sC-EM#i"" 531'-4~4~"~ ~'"~;413 ....... Location: i The property is located on the west side of Kerwin Boulevard, i approximately 575 feet west of August Lane in Greenport. 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. ff. 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 ont0 ~h.e.sq.bject pr~perty.f0.r..t, he. pq.rp0.s..e.~_0~tabl!~h.i.ng y!e!d.: ..... Status: ' Preliminary H.eadngHe!d/ C!0.~d ~. ~ct!~ ii iiii iiiiiiiiiiiii~i~i~i~er Condi'~!0na!.B!Tel m nary.,~p, pr0.va.! Attachments: Draft Resolution PLANNING SERVICES, INC. VIA FACSIMILE AND MAIL Thursday, June 04, 2009 Martin Sidor, Chairperson Town of Southold Planning Board 54375 NYS Route 25 P.O. Box 1179 Southold NY 11971 RE: Conservation Subdivision of Edward Latham · '. 1000-19-1-7.5 Dear Mr. Sidon .--- As a follow up to the discussions we had with the Planning Board at thetr W~OSk,ses~xon on May 4, 2009 regarding the above-referenced subdivision application, please be advised that,.the property owner's objective is to spilt off a 2.9516 acre lot containing the existing single-family residence from the 127 acre parcel of land. Therefore, the applicant requests to amend the previously submitted application from a three lot subdivision, including two residemial lots and one agricultural reserve, to the proposed plan as discussed herein. The property owner is seeking subdivision approval so that he may transfer the ownership of the residential lot into his wife's name for estate planning purposes. Although the Suffolk County Tax Map shows a 10 acre parcel of land with ks developmem fights intact and a separate 117-acre agricultural reserve, the property was never legally subdivided and is delineated on the tax map as such to distinguish the agricultural reserve from the unrestricted poixion of the property for tax purposes. Therefore, this proposal is a two lot clustered subdivision of the ent~ property, where Lot 2 is 2.9516 acres, which contains the existing single-family residence and garage,' andl:.qt 1 is 124.05 acres, which includes 117 acres that have been preserved through the previous sale of development fights and 7.0484 acres (5.11 of upland area, 1.94 wetlands) proposed to be.preserve~d through this subdivision. Pursuant to Article XI, Cluster Developmem, of the Southold Town Code, the proposed subdivision requires clustering with 60% of the buildable lands set aside as open space. The following calculations demonstrate compliance with this requirement: ' Total Unrestricted Area: 435,600 square feet (10 acres) Wetlands: 84,421 square feet (1.94 acres) t'~ Buildable Land: 351,179 square feet (8.06 acres) Yield: 1 lot Clustered Subdivision Open Space Requirement: 210,707.4 square feet or 4.84 acres (60O/o Proposed Clustered Subdivision Open Space: 222,606 square feet or 5.11 acres(63%)~ 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net The above calculations show that the open space being preserved exceeds the minimum required under the Town Code. In addition, when you take into consideration the 1.94 acres of wetlands, the total additional area being preserved is 7.0484 acres and represents 70% of the subject land area. When combined with the already preserved 117 acres, a total of 124.05 acres have been preserved, representing 97.67% of the subject property. This clustered subdivision open space will become parc of the existing agricultural reserve and contains all the existing farm structures used in connection with the active agricultural use of the property. The open space will be preserved through an agricultural conservation easement that will restrict the use of the property for agricultural purposes. In addition to the 124.05 acres of preserved land as noted above, the property owner also preserved approximately 117 acres of wetlands (with approximately 3.5 acres of upland area) that were transferred to New York State. When all is said and done and taking into considemtlon all of the land that has been preserved by the property owner, a total of 241 acres will have been preserved and only one residential lot created containing the existing farm house associated with the property, and therefore no increase in density W~] Occur. Please place this application on the Planning Board's next available work session for further discussion with the Board and to get staff feedback on howto proceed with this application. Given the seeminglyinnocuons nature of this proposal, we respectfully request the Planning Board take into consideration the property owners longstanding dedication to preserving nearly all of his land and approve the subdivision in an expeditions manner. If you have any questions or need additional information, please feel free to contact this office. Thank you for your prompt attention to this matter. Cc: Deborah Doty, Esq. 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 4, 2009 4:00 p.m. Applications: Road, known as 35 Cox Neck Road, n Mattituck. Description: ~his ~d~d ~i~ pi~n in~i,'J~ ~'~'l~iidin~ : the existing ~o buildings of 20,585 sq. ff. on a 3.563-acre pardi in the LB Zone Status: ~8~'8iii8~i ~i~i ~'~0vai 8~e8 ~ii ~ ~ ~b~ ~ I work shall be comp eted w thin 3 years. Action: , Review site p..an wth.{egard ~9 deli~e~ traff~ ~o ~h~ site~ Locat on 550 NYS Rt 25 Laurel Descr pt on Proposed farm stand application Status Bud ng DepaAment has requested comments. Act on Rev ew.s. te ~lan an~.DOT !~?: ................... Attachments: DOT le~er and Draft Comments Subdivisions Project name F scher D. & N. SCTM#: 1000-15-8-1.1 Location: 38765 Ma n Road Orient Description: Proposed standard subdivision of a 72,665'sq. ft. lot into two lots, where Lot 1 is 36,333 sq. ft. and Lot 2 is 36,332 sq. ft. in the R-40 Zoning District. Status ZBA..he~ ring ~.sc.hed u!ed for_June. Act on Prey de comments to ZBA. [ Attachments: Draft Comments Locat on 31900 Ma n Road, Orient 7.04 acres and Lot 2 is 2.95 acres. Status; Actj?; Attachmentsl :. ~Jme!.!.a~Sta~ Report Planning Board Work Session~?nda Page Two April 20, 2009 Projec~ npme: Owen Morrel .................................. Location: ~= 3945 Soundview Avenue, Peconic, n/o Sound View Avenue, 1700 feet e/o Diamond Lane in Peconic sq; ft. and Lot 2 totals 127,686 sq. ft. with the remaining acreage to remain as open space in the R-80 Zoning District. Status: i Open Act on Accept application. Attachments: 'Timeline Location: 3 !.9.0(~ Ma.n R(~a.d. ~rien.t ; Description: Conservation subdivision to subdivide a 10 acre parcel into 2 lots where: Lot 1 is improved and would equal 7.04 acres and Lot 2 is improved and , wou d equal 2.95 acres. . Statq~sl ~ Open .Act0n Rev ew applicati0n: , Atta~hme.~.ts.; ;: Timeline/Staff Report PLANNING SERVICES, INC. VIA FACSIMILE AND MAIL Tuesday, January 13, 2009 Jerilyn B. Woodhouse, Chairperson Town of Southold Planning Board 54375 NYS Route 25 P.O. Box 1179 Southold NY 11971 RE: Conservation Subdivision of Edward Latham 1000-19-1-7.5 Dear Ms. Woodhouse: We have been retained by the owner of the above-referenced property to obtain subdivision approval to subdivide the 10-acre parcel into two lots. A sketch application for a conservation subdivision was submitted to your office on March 7, 2007 along with an application fee of $850. At that time, no action was taken by the Planning Board and the application essentially remained inactive while a number of issues were being resolved by the property owner. We would like to reactivate the application and proceed with a conservation subdivision as originally proposed. The subject property is 10 acres (435,600 square feet), is zoned CR-200 and is located on the south side of Main Road, west of Bight Road in Orient. The subject property is the remaining developable parcel of land from a previous development rights sale involving approximately 114 acres. The property is currently improved with a single-family residence and a number of agricultural buildings, including barns and greenhouses, all used in connection with the active agricultural use of the site. In order to qualify as conservation subdivision, we would need to utilize the preserved lands for the purposes of calculating yield and the minimum open space requirement. It has been the Planning Board's policy to allow previously preserved land to be used in conservation subdivision calculations provided the proposal fully complies with either the 75/75 or 80/60 conservation subdivision criteria pursuant to Section 240-3 of the Southold Town Code. In this case, the total acreage of the site prior to the development rights sale is approximately 243.5 acres, of which approximately 122 acres is wetlands, leaving 121 acres ofbuildable land 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net that can be used to calculate the yield and preservation requirements. Under the 75/75 conservation subdivision requirements, the total yield would be 6 lots and the minimum amount of buildable land to be preserved is 91 acres, representing the required 75% reduction in permissible yield and the preservation of 75% of buildable lands. Under the 80/60 conservation subdivision requirements, the total yield would be 9 lots and the minimum amount of buildable land to be preserved is 97 acres, representing the required 60% reduction in permissible yield and the preservation of 80% of buildable lands. Therefore, with 114 acres of buildable land already preserved and only two lots proposed, one of which is already improved with a single family residence, this proposal meets the criteria to be classified as a conservation subdivision under either scenario. We respectfully request that this application be placed on the Planning Board's next available work session for discussion as there are a number of questions and/or issues that the Board is likely to have. Given that much of the land in this area is already preserved and this application will result in only one new building lot and potential residential structure, this proposal will have little or no impact on the community and meets the intent and spirit of the subdivision regulations. If you have any questions or need additional information, please feel free to contact this office. President Cc: Mark Terry, Principal Planner 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net 01/13/2009 10:26 FA~ KPC plannlng copler ~]0001/0002 PLANNING SERVICES, INC. VIA FACSIMILE AND MAlL Tuesday, January 13, 2009 Jerilyn B. Woodhouse, Chairperson Town of Southold Plann'mg Board 54375 NYS Route 25 P.O. Box 1179 Southold NY 11971 RE: Conservation Subdiv/sion of Edward Latham 1000-19-1-7.5 Dear Ms. Woodhousc: We have been retained by the owner of the above-referenced property to obtain subdivision approval to subdivide the 10-acre parcel into two lots. A sketch application for a conservation subdivision was submitted to your office on March 7, 2007 along with an application fee of $850. At that time, no action was taken by the Planning Board and the application essentially remained inactive while a number of issues were being resolved by the property owner. We would like to reactivate the application and proceed with a conservation subdivision as originally proposed. The subject property i.s 10 acres (435,600 square feet), is zoned CR-200 and is located on the south side of Main Road, west of Bight Road in Orient. The subject property is the remaining developable parcel of land from a previous development fights sale involving approximately 114 acres. The property is curreafly improved with a single-family residence and a number of agricultural buildings, including barns and greenhouses, all used in connection with the active agricultural use of the site. In order to qualify as conservation subdivision, we would need to utilize the preserved lands for the purposes of calculating yield and the minimum open space requirement. It has been the Planning Board's policy to allow previously preserved land to be used in conservation subdivision calculations provided the proposal fully complies with either the 75/75 or 80/60 conservation subdivision criteria pursuant to Section 240-3 of the Southold Town Code. In this case, the total acreage of the site prior to the development rights sale is approximately 243.5 acres, of which approximately 122 acres is wetlands, leaving 121 acres ofbuildable land 108 Mill Road, Westhampton Beach, NY 11978 W:631-998-3919 F: 631-998-3921 E: kpcplanning@optonline.net 01/13/2009 10:26 FA~ KPC plannlng copler ~0002/0002 that can be used to calculate the yield and preservation requirements. Under the 75/75 conservation subdivision requirements, the total yield would be 6 lots and the minimum mount of buildable land to be preserved is 91 acres, representing the required 75% reduction in permissible yield and the preservation of 75% of buildable lands. Under the 80/60 conservation subdivision requirements, the total yield would be 9 lots and the minimum amount of buildable land to be preserved is 97 acres, representing the required 60% reduction in permissible yield and the preservation of 80% of buildable lands. Therefore, with 114 acres of buildable land already preserved and only two lots proposed, one of which is already improved with a single family residence, this proposal meets the criteria to be classified as a conservation subdivision under either scenario. We respectfully request that this application be placed on the Planning Board's next available work session for discussion as there are a number of questions and/or issues that the Board is likely to have. Given that much of the land in this area is already preserved and this application will result in only one new building lot and potential residential structure, this proposal will have little or no impact on the community and meets the intent and spirit of the subdivision regulations. If you have any questions or need additional information, please feel fi-ge to contact this office. President Cc: Mark Terry, Principal Planner 108 Mill Road, Westhampton Beach, NY 11978 W:631-998-3919 F:631-998-3921 E: kpcplanning@optonline.net DEBORAH DOTY AT'rOI~N~aY AT LAw 679 WEST Cg, r~K AVENL~' P,O. Box 118~ 651-734~648 Septembe: 1" Antkony Trczza D~r, or'aL Dory. Esq. subdivision of 31900 Math Road, Orient, NY (SCTM # 1000-19-!-7,5) [ OTAL NUM EER O¢P ~.GES INCLUDING THIS PAGE }._~. If you do nor r~c~i~¢ all of ~ pages, pl~e MESSAGE: Dear Very. truly ~otLrs. DD:bd:' SEP ~ 8 2OO7 DEB[SF~AH DO] ",.' ESQ DEBORAH DOTY ATIORNEy AT L~w 670 '~O'K~ 'r ~REEK AVEN'U~. P.O. ~x 1181 631-734464g 2007 As w: d~scusse¢, r ~cpresem a farmer in the Town of S~old. Antony rre~a mqd 1~, ~e I980& my :lienr sold developmen: fichu oa more ~u 1~ ~res ~ S~ffolk ~5 )u !~;: }/e r~:m/ne0 ~evei(:O~;~ rights for l0 ac~ on which Ns r~iflen~, accessoD, . c:~e..I ,~e~ = dixide ~e property into ~e foll0wi~ 2 p~ce!s: (I) a 3-~re ~el -a,i~ t:~e a~hSance ~'hiclt ne ~ll to lmve to Ns wife, ~d (2) a 7-acre ~'cel wihb ~e hm build~s :;rLde* ~e previous 'TOWn C~e, ~ could have ~u~ a~rovai ora sel~ff. A~ you and ! discussed, there is co ~ ' - upp. e~iated. *{~. provision in ~e cu~uut C~e. Your msistau~ in Very [ru~y yours, ~-n,~oi~)/'~ezza at Phrmh~g Depanmem (,,ia FAX) DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 118! CUTCHOGUE, NY ! 1935-0876 FAX 631=734=7702 631-734-6648 March 7, 2007~ BY HAND Southold Town Planning Board Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971 RE: Edward W. Latham Proposed subdivision of 31900 Main Road, Orient, NY (SCTM # 1000-19-1-7.5) Dear Members of the Board: I represent Edward W. Latham who wishes to subdivide the above-referenced 10-acre parcel into two parcels. Lot #1 would retain the existing farm related structures that are located on the western part of the 10-acre parcel, and Lot #2 would be the homestead which Mr. Latham would retain for himself and his wife. Enclosed please find the following: (1) the sketch plan application form, (2) authorization letter from Mr. Latham, (3) the transactional disclosure form, (4) the last deed to the premises, (5) Part I of the Environmental Assessment Form (Long Form), (6) five copies of the sketch plan, (7) LWRP form, and (8) aerial photograph of the premises with survey superimposed. ./~"xAlso enclosed is check #6116 payable to the Southold Town Clerk in the amount of r the application fee. Respectfully submitted, Deborah Doty Encls. DD:bdr cc: Edward W. Latham DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOGUE, NY 11935-0876 Fax 631-734-7702 631-734-6648 BY HAND Anthony Trezza Southold Town Planning Department Town Hall Annex 54375 Main Road PO Box 1179 August 30, 2006 I 2606 AUG Southold, NY 11971 RE: Edward W. Latham ~'~' Proposed subdivision of 31900 Main Road, Orient, NY (SCTM # 1000-19-1-7.5) Dear Anthony: As you requested, enclosed please find the original survey dated January 17, 1984 with regard to the sale of the development rights to Suffolk County on the 117 acre parcel now known as 32200 Main Road, Orient (SCTM # 1000-19-1-7.4). Because it is the only one in my client's files, we request that this print be returned to my office when you have completed your review. Also enclosed, for your information, are copies of the recorded contract of sale dated June 25, 1982 and the February 9, 1984 deed in connection with the sale of the development rights. Thank you for your assistance. Very truly yours, Deborah Doty Encls. DD:bdr DISTRICT ].0~0 of BET~g~R E~WAR? ii. T aT,.tAM, residing 3190{) at Main Road, O:ieqt. New York 11957, par:y of the first part, A~D the COUNTY OF SUFFOLK, a municipal corporation having ............ its o-Ffiee and principal SECTION party o~ the secolxd part; Olq. O0 BLOCK 01 ,DO ~lace of business at Xiverbead, New York, that the party of th,~ first part, in consiceratio~ of SI0.O0 and other good and valuable consideration ~aid by the party o~ the seeo~d part. DOgS B~R~B¥ ~ ~qD I~ELEA~E unto the party of the seCond oar¢, its successors and assigns forever, TRE DEVI~OPMENT RX~MrS, +,y which Ls me~nt the ~ermanent le.g. al Interest and ~ight, ~ls authorized by ~§247 o~ the Mew ~ork ~tate General Munlci~al Law a~ amended, to perm!~ require, or restrict the use of the ~remlse~ excluslvei~ for a~ricultu~an produc~to~ ~hat term is nrese tqy ~eftned in }~30] mf the ;.ew York State Agriee/ to~e and Ma:'kets Laws, and Suffolk .qounty Lomal Law 16~81 and the Tf~ht to mroh~t or restrict the use of the ore~ises for any purpose othe? than agrtcultoxal production, to the property destrih,~d as fo] lows: AI~ that cerLain plot, piece or parcel ~f land, situate~ lying snd heing mt Orient, 2.wn of Southold. (ounty of Suffolk, ~nd the State of New Vo~k, bein~ more Darticularly bounded and described as follows: BB~I~G at a ooi~t on the southerly side of Maim Road 25~ wh~re the ~ame is intarseeted hv the Uestei-ly side of Lm.d now R~I~ T~gNCE along the Westerly side ~f !and now or ~ormerly of Lloyd Y~rry, the followfng (6) course~ and distances: 13 South 7~ 56' 26" East 2'~0.g3 feet; 25 South 88° 'q' 16~' East '~5,49 feet; 5) South 0° 34' 54" l~est 2066.72 feet: 13~ North 33° ~6' 97" We~t 76.32 feet L5' ~nrth 3~ 3A' 35" East g0.16 feet; qoutb 2~{° 3%' 5'~" West 27.36 feet; North 0~ 05' 15" East 24~.72 feet; 523 South 87° 54' 53) South 2~° 43' 54) North 15 553 North 3 57~ South l° ~&' 58% South 5 59) South 2q 60% NO~th R1~ 56~ ~ North 51° 05' 6!% North 70 635 South 62 64% South 23 6q) South 3~° 26' 76) South ~3° ~' O&" East 23?.54 feat; 17" East 266.~6 feet; 25" East &B.2] fee~; 5%" r~st 720,87 feiet; 15" East 4~7.61 refit; O7" V~st 357.69 feet; 23: West 1B3.62 feet; 54" West 247.94 feet; 47~' ~Jest ]52.~2 feet 30" West 145,33 feet lg" West '97.l~ feet 19" West 51.54 f~et; ~7' East 89.R8 feet; 35" Ues~ 32.02 feet Soutk 60° 35' 56" %4est ~n&.25 feet North 16° 5I' 30" West !74.52 feec North 50 42' 3R" West 150.75 feet North 5c 26' 25" East 105.48 feet North 9° (~' AA" East 157.OO feet North 3° 48' 5l" East 150,33 feet North 16~ 4! 57" West 5!,20 feet North 26° 33' ~6" East 33.54 feet North ~e 21' 59" %;est 255.44 feet ~O,'. Ilorth --° ?~' 55" East 65.19 feet: gl) North 6° %g~' 2~ Nest 175,40 feet; 95~ Nort~" 6g~ ~ 32" East ¢67.6] q~) ~]ortb ql° 56' 53" ~lest 247.43 feet: '~'% North 73~ lg" Q~'~ East t~4.40 feet 9P,) North ~5:~ qA' 52" East 70.]8 feet: 9~ Sou~h ~&o 4g' 2~" East K5.9~ feet, lfll~ gout~ gg° '~4~ '~2" East ]~,~7 feet: 102) South 75° =~' 50" E~s[ 41.85 feet; 1~3~ qouth 61° 4[' 57" East 142,65 {eet; 10~,' South 71° %3' =6" East 63.25 feet; 107) South 83° xg' ~5" Eaat 45,2g feet: 1~8] South 71° %~' q' Fast %7.A3 fmet~ 1~9~ So~t~h 59° 32~ P~f' [~st 98,~? feet; IlO) South 75° 15 2'1" East qR.23 feet; 11t) Mort% 71° 33' 5/~' East AT.&% [eet 112% Nort~ 55'* 2q' lq't East q7,0R 113' South 59~ fl2' 11'" Ernst 2q~15 feeti 114) SOUth lq° ~a. rig" East %I.R2 feet: 1151 South 36~: Ky' 12'~ West 50,o~ Feet; ll6~ South lB® 26~ 06" West a7 ~13 feet; 117~ eouth 33° glt 2id' East 54.~g feet. t!g) Sou~ q° {%7' %8" West 35.36 feet, 119% South iq~ 3g~ 28" TJ~st lg.qq feet: 120) Sour-: qB: 43' 52" ~ast 207.B1 feet: 1~1~ South ~ r%;" 13" East 212.0~ Feet: 122) b.~ortl~ ~o 30, I7" East 47.69 feet; 123' ,~]o£cn R2~ RI' 4~ West 174.22 feet; i24~ ~!orth l&~ 2(~' 20" Uest 11~.45 feet: 125] ~orth 73- 14' ~ West g~,64 feet; 127~ ~lorth 7° ~ 22" East 5~.14 feet; 1%1~ B0~th 89e 25' 06" Eas.t 268.07 feet 135) North ~o ~' ~6" West 197.65 feet: 1T73 71orth M8~ i9' 16" West B9.89 f~et: IN ~ll~gS$ #~,~OF, the p~rr, y of the first part has duly executed ~"hfs deed the day and year ~trst mbove wi"itt:eh. ~w~Yi ~?. Latham r STATE O? COU~"Y OF SUFFC~I On the ~_ d~y of ~~19~ before ~e personal~y the ~oregolng im~trumemt, and acknowledged that ];~ executed the same. t Party of the Firsg part to COUNTY OF MLFEOLK, ~ DEED of DEVELOPMENT t~lqllTS SUFFOLK COl' '~Y %EP!RTMENT mf REk£ ESTATE OId Di~trlc~ Court Building tlauppauge, NY 11788 C [ RECORD & RE;URN TO llqe prryZerty Cuvcrc~'~,'y t~is r~Oil~;ag--~-is or _%L Suffolk ~..o~ty Recerdm~ & E~adorsem~,~ ~,~ 'Vhds pa~.e fo~s prm of ~x: a~ch~d ~ ~ ~2.~ L~' / / / , (SPECIFY ~"YPE OF ~NSI:gUMEN'F~ ......................... SUi~:OLK Cr)UNTY, NEW ......... oI HAMLET o~ EI)%~,'A~[U:~ ~,'i. ILATt-iIA!~,I mdl.,idualb, residing al 3190~) Main R(~ad, Orient. New Ynrk L,qCIC}[A'),? FAP~S P[I;O~RTy, L~'., a Ne~. York Lumm~d Partnership. '~:id~ ils )ri~tcipal office k~calcd al :q1900 Main Rdad. Orienl Nt:9, Vork 11957. par~ 10re":r ALI~ 'II~AT CErTAiN [~LOT, I*IECE OR PARCEL OF LAND, WI[T~ THE BtT~LD~NGS AND IMPROVE~ ~EN" ~' :' ~ ' .... FS ~ ~E~O l E~C FED, SITUA~, l. YING ~ND g g~NG the }tamiel o,f (h'~,:nt. T{~n of :S~hh~d Suflblk Cotmty. Ney. Yosk~ as more pa~x/ctdarly descril~d 5,xk by deed reco~ed :,~ thee Office of the C~erk of Suffolk Ccmnty at Dber 1~74 of ~eds. Pa~e 203 pln2 of the obEgalion of se:mSng all~ ~essa~, approvals of any covering,total agency having jmSsdiction. shall remain m I~,r,'~ arid I~ m effect fin' so lm~g as ~ lanes con~eyed hereby (subject Io an easement owned by the C~nD~ of Sull~)lk meow{led ia the office of tt~: Clerk of SutTolk Coumv in Libel 9378 of Deeds at Page 34733;hall ~ wholl3 ~or ~rtialb usm for agriculture! purposes and practices as ~[1'~ same ~11 as shown on a cenan m~[ emitle6 Map of Lands to be acqimred ~u'suam to Section 3~03,05 of thc Enviro~len~al Conservation Law, Prcicct Q-TWL Su(~olk 13~ Lone Beach Bay Tidal Wet~ands. s~mate m Orienl. Fown of Southold Counl r~f Snffolk. Stme of New Yor~, date~ 1 IJ22188 b~,' Howard . , . ~.~j:, No. 45893 and filed in ~he off]cc of tl~e Depatlmen[ oJ' Em'iromnemal Conserval:m~ at Albans. New 5'orr as Map No. 1~6 Sheets 2, 3.4 8 & ~ of t6 ~11~ and intended m conveb *ho$e same lands sabject to SuflbB~ CourtD, Development Rights Easemen L 45fi~' C.P. 566 t'cmsi$~ing of l i7 acres, more er less. and also idem/fled as tax map the appur~eaartces and alt thc es'ate and righls of the part],, of the first par'. ~ s indenture so require..,. ~lhis deed is sabiect 90 the trust .... dui5 e, ~.cut.~d th~s d~xd the day and EDWAI.2D 9,'. LATHAM to be t~.~ sa~m individual described in arid who executed the foregoing [nstramenL and he :~[4et'l'nmn'~l ar ~ g~mt fc r~ed by the intersecthm c~t' the somberly line of Main Roac~i with th.e westerly, lil~ of t~e lands n~ party of tlte 15rs,: pm't. the' coordinates in li~e New York Stale Plane Ctmrt{ nltion Swte~ Long Is aI d Zone I[~ing, more or less N. 34l ,762, E. 2.475,918~ thence from said prom of hesitating the' following nine courses arid 6istances 1 S 8fl :2T 55'~ I5 50,00 lket, more or less, to a ,:otxzretc mtmument~ 2 S T' 56' 26" E 28t.47 ~el, .~ ~ 88 19 16 E 39:89 l~et, 0 ~, 36" E I9'~.65 feet. 6 S O® 34' 54" N 105 ~ f~xt, 7 N. 89= 25' ~" W 450,~, ~eet, 8. N O= 3~ ~' E ~',~, f~t to a cortcrele monumem, 9 N. 89' 25' 0~5" *¢,' 2680? feet to n concrete monument wimessmg a point in tl-e Nmn lary of an easeim:m g,r~m;~ ~o t[~e County of Surf ink: r ur~ng ~ence along the said ease~mm I §. 1 ' 1 [' 51" W 290.18 fi:et, 2 S. 44: 58' 26" W 167.'311 feet, 3 S. 20: 49' 0T' W. 102.2:1 ~ S. 7 = 5T 22' W. 59.14 ~eet. 5 ,~.5i' 19' ~"E 4825 6. S. 73: t,1' 3" E 84.~ ~t, 7. S, 14 20' 2(}" E 11046 feel 8 S, 82 - 46~ E 174.22 l~et. 9 S. g . 17' W 47,159 fe,:~ m ~ concrete monument. 10 N, ~" (~J' 13" W 21209 feet. Il. N. g: * 43' 52" W 20T31 feet. 12. N [9:' 38' 28" W 0T 48' E. 35.36 feet, i4. N. 33:' 4,1' 24" W. 5408 feet. 15 N 18:' 2:6' (~' E 47 43 feel ~6. N. 3~:' 52' 12~ E. 50.00 17 N. tS' 26' ~i" W 3I .62 feet. 18. N 59'02'11"W 2':,L!6f~t 19 S. 5Y: 29' 29" W 97.08 feet, 20 S,. 71 = 33' 54" W. 4..43, 2l. :I. 75= t5' 23' W 9g.23 22 N 59" 32' 04' W 98.62: feet. ~o 1~ 71" 33' 54" W. 4? 43 feet, 24 N g3* 39" 35' W 45.28 fteL 25. S. 77= 28' i[6" W 92.20 ~. Sch~:duk-"'A" P;~ge 2 ..( N 90' 0C' (~,Y W 60,00 feel 27 N. 71 ~ 3? 54' W 63.25 28. N. fil: 41' 57~ W 147.65 feet, 29 N 7? 57~ 50" W 61 85 [eel 3i N 81 ~ ]5' 14" W 6577 f~t. -'~ N. ~* :' 48' 20" W. 3.-5 ~ ~ 33, 5. 87 5W 5. V,' 70 18 feet. 34 S. 7? ,T 03" yr 104.40 leel to a co.fete II'lo~ellL 35 S 3I: 56' ~*' ~: _~ 7' 35' 41' E 75.66 :lg Si O" ~' 0(}" '¢¢ 3000 39 S; 4~ 41' 5_ ~ .*~.23 ~1 S 4* 34' 26" E. ~&*.40 feel 41 Si. ~'23' 55' W. 65 ]9t~e, -12 S;. 3:2~' 59' E. .~ ~o S. z0 33 ~" W ~3.54 feet, 4,I S !6= 4V W" E 52.20feet, 4i5 S. 3=,~' :i' W. 46 S 3: (~' 44" W [57a0 feet, 47 % 5': 26' 25" W 105.48 ~. S. 5= 42'38'E I50 75 49 $ 16: 51' 30' E '7 ~ 50 N 69~ ~ ' 56" E 10&25 feel 5l N. 8I: 26' I9" r: l~l~ feet ao 52 S. 37 = 28' (~' ~i 231 ~ feel: [o a c~nmrele ~numem. '~3 N. ~ = 30' 31' E. 30~ feet, .= l. 1g !25.~ii:et. ~/ 4~ F 49.24t~1, 56 N. 5' 42' 38' E 50.25 feet. 57 N. 15= 31i' 27" E 9341 feet. 58 N. 38:' 39' 21;5' E :~ 59 N ~ ~8' 05~ ~ ', ~ 33t 8 feet 60 N15= '~'L~ I g" E 57.01 feet, 61 N. JO:' 0t' 3'9" W G.~L00 feel 62. N 38= 26' 5? W 5t 82 fc~t, 65. N ' =' ~'" "W ~0 ~8 ,,O 230.07 feet. 66 N. ~)' 23' 02" W 291.97 67 :q.~.3 .~ 17" W ~ ' 68 N. 62TM 59~ 05;" 60 ~ 70' 2,~3' 19~ 70 $ 5i~ 05 15'~ 7'. S. 81' 513' 39" 72. N 29'0Y 47" 7g '~ 5 58' 54" 74. N. 75 ~ ~¢~* 3B~ 07" J6 ~; 3 ~ 25' ~5" 77 S. 15: 56' 52F 78 ~q 19' 4~' 25' 79 N. g7~ 54' [{9. S. ?~ 54' 04;' g~ S !6* 40' 07 82 ~ 33* 58' 21" 83. ~. 7~ !9' IJS" ~ S. 27* 44' 56;' 85 S. 0°,35' 150 86 S, 58~ 43' ;' x" 87. S, 53~ 21' 02" 88. N. ~D' 54' 4T' 89. N 39' 22' ~). N 3" 35' 58" 91 N 15" 4.4' 41" 92. N 20'4~ ;)3 N. ,45~ 1(7 57 94. N 45~ lq' 16 95 N 53* ~' 17" 96. N. 58~' ~4' 26" 97 N. 27~ 08' 98 N. 52~ 38' ~ ~ N. 26" 53' 1~ N. a~ ~5' 49" ~0~ N. 26~ 33' 102. N. 2' 5~'45 103 N. 67' 22~ 49" 1~ S. 77" 2g' 16 105 N. 5~* 51' t~ N 28~ ~8' 03 107 N 36' 3~' 05 [0~ N. 4~ 45' 49~ 109. N. 2g: t5' ~2" 78 99 l~et. I97,]b4 14533 f*2t, 152.02 feet. 247.94 ~et, 183.62 fi:et to a co,qerexe monurnem, 357.69 feet m a concrete moaume,m, 497.61 feet, 720.87 feet ;o a cont:mte mon.ument, ~8.21 feel 26646 feet to a concrete monamenL 23254 19334 lket, ~75(B 117.g3 [eel 243.72 ~3.19 ~eet, 115.85 151.59 feet, 292.93 feet. 267.79 ~et. 210.5~ feel;, 157.53 feel;, 91 .,~) fee,' t23,49 fmi 87.~ 69.20 feet 1~.62 120.42 feet 2236 f~t 40.05 f~t 52.~ feet Ig829 feel 55¢~ feet, !47 65 62.20 feel 602! Sc~edu1~ "A' Page 4 II0 N 3," 59' 35' E Z~.IX~ leer, 111 S i6° 22'q'7" E 532¢~feet, tt2 S 9~ .1,W 5~ ~ W. 5586 1~3 S. -~7:' 3Y 5~L)" W 47.42 (ket. ll.q S .~)~: 15' ~8' W 8062 feet. 115 S 34[* 59' 31" W 61.03 leek t16 S. 3' 34'37 W 80 16 feet. t1'7 S 53' 44' 46" V? 186.01 k:et, 118 S .3tm 36' 27" E 76.32 feet, 119, S. 26:' 3Y 54" W 78,26 l~et, 120 S 36:' 52' IT' W 50,~ 121 S 15* 56' 4Y' W 3,6.40 122. S 63' 26' (k/ E 3.354 feet. 123. S 90' 00' ~," E 40.~ feet. i24. N 6? 5Y 52" ~ 208.15 ~25. N 87i~ 39' 35' E ~5.28 feet, 126 S. 74*' [~Y 17" E 36.4¢ feet, 127. S 71 = 28*25"E 2579 128. S. 9" 34' 50' E. 4.3.80 129. N. 6[" 51' D" ~ 133.95 feet,, 130. S. 4? ¢~' 40' E i7.'74 iket m a :oncrete monumenL 131. N. 39~' 14' 54'r E 95.78 feet 1o a cormre~e monument, 132. N, 0° X4' 54" E 2(~6.72 feet to a comrele momnnent. 133. N. (}= ~' 36" W 198.27 i~et 1o a coscr~e monument. 134. N (~ 50' 50" W. 329 86 l~e~ m a concrete mo~mment. I35. N. ~¢~ 19' 16" W 45.~9 [~t to a concrete rmmumem. ~36. N. 7= 56' 26" W 230 83 Feet ~o a concrete monumem wimessing the ~int and place of N imling ~[g as t. iiown on a certair rn;;p emill,xd "Map of ]Lands to be acquired Purstm~/to Semtioa 3-0305 of the Environm~n*al Cortse. rvafion Law. Pr~cc~ Q-I~NIL Suflb[k 13. Long [leach B,ay Fi[cial Wetland,, situate in ~rient. Town ol Smtflaold. Comity of Suffolk, State of New York, dat(y.d A. Young. licensed land surve~ --' N.Y. Reg No. 45593 and flied in tl~e office of ~e Dczpanmen1: of Environmental. Cn~servation at .~many, New Zork as Map No. 11~&:16, Sheets 2.3, the ~-~ da~ o£ ~r~; , havin~ i~ o[[tce ~ pr~ci~t place ~ork. hereina~ ~e~e~ed to as ALL ~ ~~~ xxxxx ~neral ~c~l praises e~cl~ lvely ~a~keta ~, and the SUFFOLK COUNTY FARMLAND DEVELOPMENT RIGHTS ACE*UISITION p'tOGRA!M PHASE II TAA MAP:DISTRICT TOWNSHIP ~OMT~O~.O SECTIOH !q ~ BLOC,K /,__LOT 7 OWNER E~3~IA~D ~z / A TIdA~ 3) The power at~J purpose o£ the purchaser is llm~ced acq~r[n~ ::he Developnent ~o ~ ~nd presently ~ed o~ suitable for a~riculcural p~oduc~lon an~ ~be pur~ser ~h~ rl~h~, u~ obtaining a survey and [nspee~ln~ the re[ation chereco co hold a ~u~llc hear~ on sa~ p~r~a~e ang production or co accept ~ha~ ~r~on o~ ~he p~es ~ch ~s suitable for a~riculturat production. ~ hezein one,ned. ~e ~e price ~ill be ~j~ted in proportion ~ ~e area su~able unite the unit price as herein se~ [crch. i) ~e price ls/'~ree Hmdred Slxty-Sev~n Thousand, Hundred D~lla:5 (~367,100), bas~ upon ~he :epresentaiion oi the' seller ~at ~e premises ~ucain Il&.2 acrea~~ The ~[ce ~fll ad'us~ co ~h~ actual acreage ~ per the epecifica~io~ in ~"- herein. Purchaser ~lt~ na~e ~e premises surveye~ a proiessional ~lneer c~ ~lcens~ land surveyor of its choice~ at its ~pense, to determine ~e actual acreage o~ ~e area suitable for a~ricultu~al produccion~ If the seller ia dissaCi~fied with ~e purchaser's survey, seller ~y have the pr~ise~ surve~ bi a licensed lend surveyor cf his choice, at his expense. If ~here is a subs~ncial w~iatios ~w~en the surveys, ~e acreage for the purpose ~ this co~ ~rac~ shall be decermine~ bF a ~ird surveyor ~o ~ ~elected by the fl~e~ The dete~lnati~ of th~ thl~ e~r~e~o~ ~ose c~st shall eqt~l!y by ~e seller and purchaser, shall ~ bi. dinE. I~a de~in~.p~rchase ~rice shall non i~clude land con~aine~ bed o~ a~..~sement, public road~ private road~ o~ o~ acres cc ~b~ch ~n~ ocher person or ~e public ma~ ~ave an~ s~ller ~y ~ve shall, ~verCheless, be co~veyed ~o C~ shtiX ~ ~yable by S~ffolk County ~eck a~ c~e c~e 5) The deed shall ~ tn the fo~ ap~rov~ by the Sufiol a ~otal of assistant secretary o£ th~ corporation certifytng such and setttn§ forth facts sho~ing that the conveyance is in conforeit) with the requirements of Sag09 o[ the ~usiness Corporation Law. The deed In such case shall contain a recital sufficient to establish compliance with said sec:ion. 6) At the closing of the title the se~ler to the purchaser a certified cheek to the order o~ the :e¢ordin officer of the County £o~ the amount of the &ocument~ry be a£~lxed thereto in accordance with Article ~1 o~ the Tax 7) Any sums paid on account of this contract smd the ~easonahle expenses of the examination of t~e ti:lc to eai~ premises and of the survey, if any, made in connection therewith ere hereb7 ~ade lie~s on said premises but such liens shall continue a~ter default by the purchaser under this contract. 8) The seller agrees that the underlying f~e title retained by the seller may not be subdivided into plots b~ the filing of s subdivision map pursuant to SS276 and !77 of the T~ Law and/or ~35 o~ the ~esl Property ~aw. The underlying ~ee be divided by conveyancs of parts thereof to heirs and next ~ kin, b~ will or by operation of law, or with the w~itten renordable consent of the purchaser, Subdivision shall als0 ~e defined to include the division of the Isn~ coveted by the development rights into two or more parcels i~ whole or in part. T~e provisions of this section shal! ~u=vive delivery of the instrument of conveyance. 9) Said premises are sold a ~ a~e to b~ con. e) ~d subject to: NO EXC~TIONS. 10) The purchaser may ~ake ito determination of whether t~e premises are free from ~ll encumbrances, except as stated, as set ~o:tb in paragraph §. on tke basis of its ow~. examination of th~ title, or that ef its agents, or ~ title tegort of a member company of the New York ~oard of Title Unde~r~.t~rs0 an~ r~uire the seller to cleat tit~e exceFtiuns rsi~ed to the ~a:tsfaction of,the purchasers smd, if an> L~ involved, the tit~e company. ll) If at the dat(~ of closing there m~y he a~,y %isms or encumbrances which the seller ~ ob)igated Eo pay discharge, the se~ler ma? u~e any portion of the bala~c~ ?' the pu~cha~ price to satia~y :he ~ame, provided the ~elle~ shall sl~ultaneoue!y either deliver ~o the purchas~ at the c!o~ing of title instruments in recordable form and su£~icl~.nt to suc~ liens a~ encumbrances o~ ~eco~ to~e~e~ ~i~ the ~o~t recording o: filinR said inst~me~ta. ~e seller ~ra~ to such proper vouchers /or tbs closing check(s) as ~ay . e by the Suffolk County Comptroller ad Suffolk County T~easurer least ~o weeks prior ~o :he date fix~ for clos~Dg. The purchaser, if r¢quest ts ~de within a reasonable t{~e prior to t~ date of closing of title, street ~ p~ovide at :{~e closing separate checks as req~sted, ~:'egatlng the ~otmt of the purchase price. C~ facilitate the sacisfacgi~ of a~ su~ liens or enc~brances. ~e existence of any such taxes or other liens and encumbrances shall not ~ demm~ obJec:to~ :c title if the seller shall comply with the foregoing requirements. 12) If a search of the title discloses bank~ptcies or other reruns against other persons ~ving the sa~ or similar ~o that of the seller, the seller will, on request deliver to ~e purchaser an a~ftdavl~ showing :hat such Ju~ents, ba~:uptctea or other retur~ are not against the 1~) In ~e ~en: ~at the seller ia ~able to convey liability of ~he seller will be :o pay ~e cost of ~am[nlng title, by ~e put.assr, the purchaser's age~t~, or th ~ purchaser's title c~mpany, ~ich cost ts ~t to ~ceed the fi~ by the N~ Yo-~ Board of Title ~de~riters, a~ the any sudsy ~e lm c~nec:to:: cherewith inc{lrted b7 a~ up~ su~ pa~emt being made. this co. treat shall he ~na ldered ~ncelled. 14) %~e seller, simul:aneou~/ with ~e axecu~i~n delive~ of this agreement, h~ al~ daltvera~ t~ required verifSed ~blic disclosure s:a:ement f~r fLling with ~ Comptroller; a co~ of that ata:emen~ is attache. At the d~te of ~ts agreement. Any ~tdenc~ of a ~nfl/et of ~terest p~-~,hlbi:~ contractual relaclonahLp ~hal~ requEre approval of c~..~:ract ~d sale by the Supreme Court of :he Scarce og b'ew York 15) ~e de~ shal1 ~ delivered upo~ :he r::ei.~: of ~<mn~ Center, Veterans' Memorial Highway, H~uppauge~ i~e~ Yc~k, at ~uch other place ~ may ~ agreed upor~ by ~he par<i~ . M~BRgD ~}{B ~EN~ DAY~ A~ER APPROVAL S' ~ECT TO TRM I~LLIC MEAKING ~E~U~ED ~DFR FA~G~; 3 OF Tills -4- BX}{I~I~ ANNEXED T~ C0NT~ACT FOR YE PURCHASE OF DEVELOPMENT Deed of Development Ri§htd Public Disclosure Affidavit Mandatory Contract Clause - Local Law 32-1980 COpy o~ Loca~ L~ 16-81 Area C~mputation Sheet Of£eria~ Letter Be_script[on o~ Property I. Sp~c~al Te~m. DEED of D~VE~OI~.~ R~GHTS TlS INDEI~I~, ~DE ~e __ day of ~__. 19B2, party of the first part, and the County of Suffolk, s municipal corporation having its office and principal place of business at Riverhead, New York, party of the second part; SAMPLE DEED ATTACHED TO CONTRACT WITNE$SgTH that the party of the first parC, in consideration of $10.00 amo other good and valuable consideration paid by the party o~ the second part, DOF~ HEREBY GF~d~T ~ RELEA~ u~Co the par~ of tt~e second ~r~, %ts ~ccessors and assigns forever, ~E ~LOP~NT BIGM~, by wht~ Is meant the pe~anenc legal lmtere~t and rlghc, as authorized by ~247 of ~e New York Sta~e General Muni([pal as amended, ~o perm[t, require or restrlc~ the uae of the exclusively for ~r[cultural producti~-, aa ~at ze~ is 2re~entl~ agrtcultura~ production, to ~he. property ,desc~'tbe~ aa follows: b~ing la ~e Ram]et of , Tow~ of ..... , C~un~ of Suffolk, more particularly de~crib~ im Exhtb~ "H", S~Z-~LE DEED A':~ACI{ED ~O CONTgY~C.f TO IIAV~ANDTO ROLD :be said Development Ri&bls in the p:eniaes herei~ &ran:ed ~nto th~ parW of the second part, ~ the ~tty of the first part covenants that the pa:ty of the first par: has not done or suffered anything whereby the premises have been encumbered Ln any way whatever, e~cept as aforesaid- The party of the first part, as a c0venen: r~n~tng parer of the f~rst part. and the keire, leEal representatives, ~ccc~sora amd asel§ns of the party of :he firs: part, :o use the premlmc~ on a~ aftez the date of this ins,ruin, ~o~e~7 for the l~pose of agricultural production. Tb~ develoFment rights conveyed herein are subject to the fu~[he~ recorded in the office of the Suffolk County Clerk in L cp_____, po:ti,ns of ~hie.% aa contained herein have and will survive the delivery of this instrument of ~onveyance. Thc worn -V.:ty" !.hall be construed aa if it read "partie~" I~ MITWF~ %l~OF, U~e party of ~he firs: par: ~a~ doll' ezecuted this deed ~he day ~d yea~ fi,st above ~rritte~ SAI~PLE DEED ATT&C~I) .qAP~PLE DEEB A_TTACHE9 TO CONTRACT before me personal~ly , (CorporaCe Ackno~led&ement . Seller) ) ~ OF $~) ~ 19~, 5efo~e ~ Pe~oaal~y, -' ' ~g Y ~ - u y ~o~, i ;epose~d re~ id~ a~ ._~ :ha: he ~ the ~be.· ~ ~. .. ~_ ~. , rpora~ion; ~ha~ t~ _ . E~hib~ A-3 ~ovemher ]3, John (. Btvona, Esq. As:s:£eta~ County Att. o=ney DePa~t~nt of ~ Re: Fa~nd Phase SHO 196 - M~ham I have conferred with my client, Edward W. Lathan, with regard to the proposed chan~es in the contract previously submitted to the County of Suffolk. Hr. Latham is agreeable to de',etlng from to the pump house for lzrl§ation pumps. aCtacbed to th~ affidavit. kindly so advise, (Mrs. g. ,J. Ae~t~r) ?lH:ejp Encs. sccosu : PROPO$£D' SAIE OF DEVELOPMENT ~I~HTS ~e~ee~, holders o~ ~cumb~ances ~d concracC bo~de~8 o~ b~ces. The ~u~pose of ~hi8 affidavit is Co insure ~sclosure of any in=area= oa ~y ua=ute or form. ~e~he~ orat or ~i~en. held by shy individual, par=nershlp, rim o~ corporation. "a" THeiR "ia S~ BE DEFINITIVELY ~VE~E~. In ~1~ tns~ance~ the rcqulreg information should be furuL';hed, ~qd Il ~he re~uir~ '~u~ Applicable," i= should eo sca~e in response and in answer ~o ~e question. Do hoc leave any blankm. (~cepUlou,~ Len~in~ lum~lcu~io~ l~cena~ or franchZsed by State of Ney Yo~k ~d public ~rporaCions ~d lm.ees are hOC ~equl~ ~ akecuCe ~his ~ffidaviC.) '. As ~ all mignaCori of chis affidavl~ as speci~l~ above: a~es[ ~d ~t~ ~rope~ty vas a~qui~ed, Edward '~. lmt~am, (no n~mBer) }~in Roa~, Orienc, }l~ York i1957 b, Iii siSuato~ lb a par~ership, ~tate .~ ~e, streee addgel~, ~e ~e ~ p~ceutage o~ interest o~ ~ch pazt~e~, and data t~ pcaper~ ~ acquired{ ~t A~l~able addresl of ~m officer, director ~d stockholder ~d ~e · .of s~u~ held n~ ,~ by ea~ stockholder; llot Applicable d, If sil~naCor is a corporation and mcock has ~ of al~ pe~so~ Co'vhom etak has been pledged o= wl~h whom agree~u~ ~s ~en ~de ~o pledge ~h~ stoc ~. If noua~ so e'. ~a~ ~hs name and ad'dress of all per~ous, indivldualo, auah ~cc~bra~ce; ~ng If ~he holder of such eacumbrance % a cor~,~ra~i~ {see ~xceptlon] state the name~ of all dirccto:: and s{:ock~older~ of such corporation; f. Scate Che InCeresC cf che 6ignator in ~'he-proper~ and parW ia a cozpoza:~on, partnership or firm. state a~l o[g~ce:~, d~recto:s. ~areholdets. pat:nets' ot su~ entity. uad~ herein ts correct an~ accurate.) h. State uhe:he~* any person whose name e~p~o~ee or o~tee: o~ · s~ecta~ o: achoo~ d corporation ~ ~y ~e~es~, ~ de[tned in respect ~ ~e ~bJect proper~ ~ does hoc a~ resets sod na~e o~ tn:eros: a~ data so j. Ail eignatore hereby agree that in the event there ' chan~e in a~y manner est ~o:th ~e--~ ~ .... ~ .... [8 any ann aur~ c~ ~e~ oE cna lea~e, th~ ehal~ ~i[e ~ the Count- s ~pplenenCal ~dav~ ~nta~n/u8 ~e d~,at[s o~ ~ ~anae " within [Ave (5) days o~ 8u~ chanse. .' "- ~ ' k. This d£~cl~u~e etaeoenC shall be incorporated by'*' reference into the ·-veloi~menc Rights Agreement~y ~a terms established therein. De,orient ~akes this a£fidavlt to induce Suffolk County co enter into an agreement to acquire the Dave. pment R~-~as hi .esl prop~rtT for County pu:posea, with ~ull knowledge that the County will rely upon the statements made herein. Edward W,Lath,~m D]SCLOSUF~ STATENEI,~ WI~d E~SF~CT TO'A ... PROPOSED gALE OF DEVELOPMEKT RIGET$ IN. ~ REAL PROPER~ TO SUFFOLK COUNTY "'' This affidauit must be signed by a~l owners of record, contract lessees, holders of encumbrances and contract holders of brances. The purpose of this affidawtt ts to {.nsure dis¢l=;ure any interest of any nature or form, whether ora% or ~cit:en, hsl~ by any individual, partnership, firm or corporation. "a" THKOUGH "j" SHALL BE DEFINITIVELY A~$WE~ED. In &ll instances the required [nformatio~ sho~!d be furnished, and if the an~w~r requires "Not Applicable," it should so state in response and in answer to the question. Do not leave any blanks. (Exception: Lending t~tttutions licensed or franc, hisi~ by S=are of New York ~nd public corporations a~d lessees are net required to execute this affidavit.) As tm all signators of this affidavit as speci£ie9 above: address and dace property was acquired; No~ Applicable b. If signator i~: a partnership, sta~e .the name, street adaress, the nature an~ percentase of interest of each partner, and da:e the properL7 was acquired; Not Appllcab le e. If sl~nstor is a corporatton~ state name attd address of each office~, director and s:ockh0Lder m~d ~he o. of stock he~d and ow-ed b~ each stockholder; Edward W. Latham, Pres:oeht d. If signat~r £s a corporation and stock has been pledg~!d or agreement made to p~edge steok, state na~e and street addre of all persons :o whom stock h~s been pledged o:: with whom agreement has been made ~o pledge the stock, If none so ~. State the name and address of al~ persons0 [ndlvidual~, partnerships amd/or corporations ~ho are holderM of any instramen~ crearin§ am ~ncumhrance upon the property: state the ~tule of such encumbrance; and if the ~older of such eneumbran~. Is a corpoYa%ton (see Ezcep:ion) state the names c.f ali. officers, directors and stockholders Of suo%l corporation; ~or Applicable f. 3~ate tko iuterest of the signator £~ ~he property and date so acquired: ' _ --* p_~.?er .y the nature of ~nei: in~eres~ ~d date so acqutre~ If ~y suc~ ~i! ~,fftcers. directors, ~hareholders, ~:tners' or proprietors of aide herein i~ correct and acc:ate.) e=ployee or office: of a t.. State ~hether a~ person, par~lrsh[p, ft~ et . Ali ~Ignetor~ hereby agree that i~ the Cve~t therm ~ auy dar~ ~ t~ ~ ~ t~se, ~ sh~ file wt~ the five (5) da~ ~ ~ chugs. k. ~his disclorure a~aem~t shall be lncotpo:ata4 by' '' reference La:o the Development Rtibte Agteememt by tho temt e~ ca~ 1 ts*b~d therein. ~ep~ent make~ ~his affidavit to luduee Suffolk Count7 to rely uF.~n the statements ~e heTe/n. depose= ~.~.d says ~ deponen~ ~s ~e signa~o u~ ~e above s=~te~en~; that ~e~ne~t h~ =ead the ~o~ego~n~ stage.cut ~d k~s =ge con~ents ~e~eo~; that ~e s~e Is t~ · to clay l~ota~y Publ. tc (Fo~ Co~poratlou) ) 00b94~-i OF SUFFOLK) co~ar~i~ ~:cfl in the gbove sta~emeu~ and ~no~Ts the content ~he~eo~; an~ :ka: ~e ~a~.e is ~e to deponeu~s c~;~ kn~ed&e, To~m of Sou$~old, Suffolk County, ~e~ York party of~ ~ ~, ~ ~ F~5, I~C., a do~s$ic co~oration c~ the ~tate. o~ ~ York, havin~ an office and principal place et business at 31900 ~ain Ro~d, Orienl', To~ of Soulhold. $uf~ol~ ~un~y, Ne~ ~ork. Orient, To~n of $ou~hold~ Ne~ York, co~r'siag app~i~ately 100 acres ~ar~ing opera,ions on the abo-e fle~aribed wi~ the pritdle.~e$ an~ apl, rcrte~ottees /bt w~4 during th~, t:rm five {5) years from t/~ 1st da~j of J~nuary ~er~r~ w/~ ~nd on I~cember 51, 19g4 ~l~Ld t[,t .~id ~vrt y of the ~exand po. rt cownant ~atitX~ ug~l ~Y ~0 t3,~ I~trty '4' ~e ~t ~ Ib~ ~ :~ Of sa~ ~mi~e~, gh~ annuaI an a~ounI equal to the party of the /irlt p~r~"; ~n~oa~I Pederal Lar~d Baak pa ~nents. · rt y o~ the ~d~ard ~',' La~ha~ Sec?ela~ , DEPA~ME~T OF RF2~L ~$TATE ~RND~TO~' COn,ACT CLAUS£ - ~OC~ LA%~ 32~'~g80 ~n cons~-~erat:~_oa of t~ con:racts t~ which this hereby appen4~ and In ~forml=y vitn ~caL Law 32-~980, the ~ha~ t~ par~ executi~ th~s ag~eemen~ about ~ b~ entered tn~o ~th ~e ~ ~ SUFFOLK, has not o~f'ere~ gratuity ~ a~ o~ftcial, employee o: agent of .~UF~LK CO~ ~W ~RK ~ATE~ or any ~ltttcal ~a:ty for th~ put,se of securing favorable treatment i~ ~s~ct .~ the ~aTdi~ or amefldi~ ~ ~ agreement or the mak~ ~ any ~et~na~lon ~th r~ct to ~ ~r~o~anc~ 0~ ~ntrac~. That the m~dersi~ne~ has read th~ copies of the ~c.al Law and ~$ familiar' w~th the provisions of the same. ~auppaug~, I~Y Zxhibl~ ~ · ~ ble s rlcultural land. ~and hiphly soitabte for ...Vi~_ -g----~u~tion and which viii co,tinge 'to ~ e~np~i~al~y p~oxia[ty oi ~ban an~ ~elate~ ~nagrtcultural development i ~ a~ irreplaceable apricultural land. ~ whi~ 2. On_q '- ~ ~-- ~e -ro6uetion of hioh value crops~ unique~y.~u}[~ ~'~uit~ veoetables aM ao~icuttural specialties. ~ M~ us~ la ~gricultural pr~ucCion; ~?~ livest~ o~ livesto~ priucts. ~a~ 9 . ~uctton shall ~so include: , of ~lan~ ~uc~S~ ~tch does not t~d~pe~d~n~l~ s~sf~ _ ~n~unction ~th l~l ~ich ~alifies iora ~icultu~al Added~ L ( r~ used ia su~ o~ a farm opera,ion o~ l~nd used c..~-~ _~, --~-,~tton cons~ltuti~ a portion oi a ps,ceA, ~ ldentifi~ on the ~sment ~11, which :lso ~atains 4. e~, ltvesto~ a~ }ives~ock p~ducts incl=de but a~e no~ limi%~ ~, ~e ~ollOW~ng* c. V~e~ab~es, lncludir~ ~o~a~oes, snap beans, d. ~orti~ltural specialties, in~ludin9 nursery stOCk e. Livestock a~ livestock p~o~uct~, [nclud[~ ca~tle, w~la~ pr~uctm, lnclu~in9 l~$, lumbe['~ posts, ~rew~, ~d ~ple syrup, if such ~roducts are prod,;ced on P--r~--- _ .... ~undr~ [ire a~ three hunc~re~ aix o~ tn~ article, ~e sale of woodland prpduc~=.m~y_~e ~ncludad u~ to Exhibit D LOCA~ LAw RELATING TO THE ACQUISITION RIGHTS IN AGRICULTUPAL LANDS WHEREAS, there was duly presented and introduced to this co .t ,.egis at re, at a swtar ?ting re sed local law entitled, A LOCA~ La, ~y ~CQU~ISITION OF DEVELOPMENT RIGHTS IN AGRI .ULTURAL LANDS, and said local law in final form is the same as when presented introduced; now, therefore, be it RESOLVED, that said local law be enacted in form as f{>llows: LOCAL LAW NO. ~6 YEAR 1981, SUFFOLK COUNTY, NEW YORK LOCAL LAW RELATING TO THS ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS BE IT ENACTED BY THE COUNTY LDGISLATURE 6F SUFFOLK ss fol~ows~ Section 1. ~ Local Law No. 19-1974, Local Law No. ~-1976, ~ections through 5, and b~cal No. 2-1978 ar~ hereby repesle~. ' Section 2. Le~islative Findln~ a} The State of New York, by various legislative enactments has eutphatically stated it to be a ~st ~mportant state ool~cv to conserve and protect and to encouh. 'e th? ~mprpv~m~nt_gf preservation of such 1anus as v~ueu _na~urat_??u =~ ~ resources. It has further stated that the expen~%ure o: funds to acquire legal interests and rights in such lands is tn furtherance of such policy and is a proper e~penditure og public funds for public purposes. b) The County is La complete accord with such policy this local law is intended to indicate qeneral!y the a~ : . · t nrgce&oze~ which will be employed by the County, in its pursui o Its 9oal to ~rotect ~d conserve agricultural .ands, open spaces Section 3. Definitions al' "Agricultural Lands' shall mean lands u~ed in bona f[de agricultural production. b) 'A~ricultural ~roductfon" shall me~ ~he ~-~%]n d in N.Y S. A~rieulture and ~arketa Law, section t0~ ~n~'~f~ff~ on t~, .~feotive d~te ne:eot. · ~ ~ N." $~'Gene-~af-~lcipa!-~aw, as amende~, shall me=n ~h~ ........ D trict ~uricolture an/~ Mar~kets law, and the right to proh~ i~ or.res ~e uae of the premises for any purposes other than agrl~ltu:al produ¢~.fon. d) "Interest or right~ i~ real pro~)ert¥ shall in:lude all legally recognized interests and righ:s zn rea! proptr~Y other th~n fee simple. . . g!..und including f} ~A!iena=t~a' ~hall mean the tr.nsfe'~ ¢= any ~xhibit T a) W½en authorize~ by th? . Suf[olk Leaislatut'e, the County £xecutive shall soil, git offer3 ~r sale of development rights in agricultural l~nds to the ~,ade. After a ~r% oN %he matter by t~e County Executive Co ~e offecs. Said hearinq shell ~ held u~n such ~tfce given in such bi In de~ermin9 %,hether to reco~en4 the ~ienation. f 4e~.lo ent rights, ~he Co~ittee zhall take illto ~nsideration o - ~ [ ~ fee of County. {1) such factors as ~e u~es ~ which ~a~nt lends have been ~ut, and [ 1) the aece~sity for the ug~ of the lands S~ction 6. ~e suffolk County Farmlar~d Co.il tee a) The Committee is hereby constitu~e4 as b) It shall ~nsist ,~f 19 me.erst 9 of whom ~ ~p~nted ~ %he County ~ecu.ive ~ith 'the ~proval of Count ~isla~ure, and serve at ~be pleasure of the County Executive{ an4 ~e o~her 10 shal% ~ d~slgna~e4 ~ ~rom such vi%hin the ~unty, ~d serve at ~e pleasuret of the respective the Clezk of ~e ~unty ~qislatur~ by t2e io~ Clerk of the aoricul~ural e~no~y in 9e~ral, {t) to serv~ as a~review ~ard and [5) tO pr~u~ghte such r~les an~ reg,~laticn~ as may neces~a~ %o ~rry out ~e intent of ~is local law ~d tc govern adminl~l~atio~ a~ functions of th~ S~ff~lk Couaty Section 7. Co~flicts SUFFOLa COUNTY FARMLAND DEYELOPMEItT RIG,HTS ACOUI$1TI(~N PHASE MAlE ORIENT. NE'I4/ DEED LIBER ~5G4 PAGE Total Ar~a ( f~,~/~AP ) A~oa ~o be Retained by Owner Pondo SCALE IN FEET as ~me~ded ~y agreement between Seller and Purchase~ and a~ma-~ particulaz'l~ sh~;m on the ae:ial photo initia'ed by the par,ies hereto and at~.e~d to the original c(~ntlact. COUNTY OF SUFFOLK Mr, gdwar(1 W. La.ham Main Road Orient, NY 11957 RE: Suffolk County Farmland Development Rights Acquisition Program, Tax Map No. 1000-19-1-7, Town of $outhold, County File No. SH0~195 Deal' Hr. Lathala: In accordance with Resolution No. 285-19g~, authorizing the County · of Suffolk to acquire Development Rights to Farmlands, Phase the Department of P, eal ~state has secured the r. eo~.esary appraisals ~e hereby cake chis meaaa of offering you [[~e ~ of $367,100, full ~en~ of ~he Develo~ent Righ~a to ,,our property under ~he above file n~b~r. To assisu you further, we brhak do~ our va .ae as Develop=en[ a~rease Price Far Acre Offer' S~ 114.2 $3,210 $~67,~00 the Proart, please li~n the e~closed extra cop~ of uht~ letter and check ch9 ~o~ accepting ~he offer and thac ~,u wlah us t, ~o cone ~ct, /? . If there Is any f~rcher IDfo~at~o~ ~hat like conc~rnin~ thi~ offer, please do po~ h~sltate to cont~ :~,is office, Very SLM:mjm ~//Cor~ ~onPr Exhibit u AL the: certain plo:, piece or parcel of land Situate tyin and being in the Hamle: of Orient, To~ of Southold, C~ty o~ Suffolk, N~ York. hereinafter described as follows: Tax Map No. 1000-19-1-.7 The aforesaid parcel is described by :ax ~p ~mber only. lc is understood and agreed :haC the deacttp:ton tn chis Ri/et is for :he purpose o~ :he con:rac~. The: a ~nal descr~p:ion {or conveyance purposes shall be a more par:tcular description ~o be de~ermtned by ~eana of ~ae ~urveya ~equt~ed un, er the ConCrac: aforesaid co vhiah this Rider ia hereby appended · Exhtbt, t H It is understood and agreed by and between the parties to this ~ontract that the seller has retain¢=d or will retain certain [~rtion~ of his property asd exclude said portions [rom th'~ ~sle to ~he County of SufEolk. The Purchaser acknowledges and agrees that the Seller shall have the right to erect any structure Of any z~ature on said retaiaed areas and also i:hat the purchaser sba.1 Tke Seller acknowledges and agrees that no application for the ~will be mde to the buyer by himself, his heirs, successors 2he development tights are to ~ ~nveyed to the County o~ Suffolk. Said ~venan% shall ~un wi[h ~he [and in perpetui[y and ~he provisions of ~is paragraph shall survive the ~elive~y of ~y IN WITNE~OF, this a~ree~qat has ~e. duly executed bY ~--~ompt rO 1 let 16) The parties agree that no broker brought about this sale. 17) it is understood and agreed ~hat all understandings and agreements had between the parties hereto are merged in this contract, which, with the exhibits, fully and completely their agreement, and that the same is entered ii~to a~ter ~ull investigation, neither party relying upcn any statement or representation, not embodied in this contract, made %y :he 0:her. 18) The a~reement may not be cha~ged 6r terminated orally, The stipulations aforesaid are to apply to amd bind the heirs, executors, administrators, succe~sors and assigns of ~he respective parties. 19) If two or more persons eonstitu;:e the seller, the word "seller" shall be construed as if it read "sellers" whenever the sense of this agreement so requires. ~0) Attached here:o is a copy of Local Law 16-81 whlc~ ia incor~ozated b7 reference herein and made a parc hereof; amd the seller a~rees and acknowled§es that his/her/its s~csesaor(s) in lsterest, Eramteea, heirs and assignees shall be oozed thereby by all its terms, provisions and conditions, IN WITNESS U~EREOF, this agreement has been duly executed by the perties hereto the day a~d year first above written. ~ ~ ,: ~ :: geller(s) 'S ~ i~ Y for Enc~abrances~ '~¥d~~ ~l~ividual Acknowledgement - Seller) ~ OF S~FFOIX) On ~he ~ day of Co me ~ to ~he [or~otn~ tnscr~en~, and acknowledged ~ha~ 19 ~? , before me personally (Corporate Acknowled&esen~ - Seller) ~ the __ day of 19__, before me p~rsonall co ~e kno~. who, being by me duly s~rn, &Id depose and s~y he re~tdes a~ ~ha~ he Is th~ ~f described in".nO w~'ch executed the ~ore§~§---fnstrument; that he knows the seal of said corporation; that the seal affixed :o :~aid insurgent is such corporate seal; that it was so affixed b~ order of the board of directors of Sa~d corporation, and that he ~l~ned h name thereto by like order, Notary' Fublic SUFFOLK Subject Parcel of the 2 Lot Subdivision Request (10 acres) Purchase of Development Right Parcel (117 acres) Wetland Parcel donated New York State (117 acres) Upland Areas of the Wetland Parcel (3.5 acres) PLANNING SERVICES, INC. 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 E: kylec@optonline.net B-Llatham ~ "l,,,, as shown 5/04/09 KPC 1 OF 1 Conservation Subdivision of Edward Latham 31900 Main Road Orient, NY 11960 1000-19-1-7.5 Conservation Subdivision of Edward Latham 31900 Main Road Orient, NY 11960 1000-19-t-7.5 Upland Area #1 - represents approximately 1 acre of upland area associated with the 117 acres donated to the State of New York. Upland Area #2 - represents approximately 2.5 acres of upland area associated with the 1 l 7 acres donated to the State of New York. 29/2009 09:47 632-' -7702 DEBORAH PAGE 04 £ ~ IO0. Od ~ ,~ 0005 84/29/2889 09:47 631- -7782 DEBORAFI PA~3E 03 / I ~ 'f"]; ] ~--' :] ................... ..................... [Bi ~ J Tax Service Agency el::/ . ' ....... ,, ., .:.~ .,,-,.~ ed Property Project Status Report for Standard Subdivisions Sketch Application Dates Pre-Submission Conference Sketch Application Received Application Fees Paid ERSAP Submitted Yield Plan Submitted Concept Design Determined Fire Department Comments SEQRA Coordination Landscape Plan Soil Conservation Plan SEQRA Determination SC Planninq Commission Referral SC Planninq Commission Comments Fire Department Referral Fire Department Comments Enqineer Conference Sketch Plan Submission Conditional Sketch Approval Sketch Approval Preliminary Plat Application Dates ($ months after Sketch Plan Approval) Preliminary Application Received Application Fees Paid Referral of Road and Drainage Plans Engineer Conference Comments from Town Enqineer Draft Performance Estimate Draft Covenants and Restrictions Draft Homeowner's Association Aqreemenl Draft Road Maintenance Aqreement Scopin.q Session DEIS Submission Referral of Legal Documents to Town Attorney Comments from Leqal Department Received FEIS Submission Preliminary Headng Set Preliminary Hearinq Held Preliminary Hearinq Closed Conditional Preliminary Approval Preliminary Approval Final Plat Application Dates (6 months after Preliminary Plat Approval) Final Application Received Application Fees Paid Mylars Received (5) Paper Prints Received (8) Final Road and Drainaqe Plans Performance Guarantee Received Performance Guarantee to Town Board Final Covenants and Restrictions Final Homeowner's Agreement Final Road Maintenance Agreement Park and Playground Fee Paid Conservation Agreement Affordable Housinq Fee Paid Administrative Fee Paid NYSDEC Wetlands Permit Received NYSDOT/DPW Permit Received Trustee Permit Received Final Hearing Set Final Hearinq Held/Closed Filed Leqal Documents Conditional Final Approval Final Approval Map Endorsed by Chair LWRP Consistency Review Final Map Routin~l: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: F Soutlibid Planning Department Staf report Subdivision Application Work Session Review Date 08/08/11 Prepared By: Alyxandra Sabatino I. Application Information Project Title: Edward Latham Applicant: Edward Latham Date of Submission: 03/07/07 Tax Map Number: 1000- 19-1-7.5 Project Location: 31900 Main Road Hamlet: Orient Zoning District: R-200 II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site: 10 # of Lots Proposed: 2 III: Action to review Extend Sketch Approval IV: Analysis This is a clustered standard two lot subdivision which went to the ZBA for approval and the following was granted on November 19, 2010, Parcel 1 • Lot size less than the code required 400,000 sq. ft. for two uses • Side yard setback of less than the code required 30 feet • Lot coverage of more than the code permitted 5% Parcel 2 • Lot size less than the code required 200, 000 sq. ft. • Lotwidth less than the code required 270 ft. This parcel is the remaining developable parcel of land from a previous 117 acre development rights sale. Also, through this subdivision 7.02 acres are proposed to be preserved and the applicant is preserving 3% more open space than-the required amount. Sketch Approval was issued on July 13, 2009 Sketch Approval extended to July 13, 2010 South oid Planning Department Staff .,port V: Staff Recommendations Extend Sketch Approval until December 13, 2011, to allow the applicant to work to address Health Department regulations. 2 Project: SCTM#: Location: STAFF REPORT Standard Subdivision of Edward Latham 1000- 19-1-7.5 31900 Main Road, Orient Description: This proposed clustered standard subdivision will subdivide a 124 acre parcel into 2 lots; where lot 1 equals 124.05 acres and include a 7.04 acre agriculture structure reserve area and a 114 acre area upon which development rights have been sold. Lot 2 would equal 2.95 acres. The parcel is located in the R-200 Zoning District. 2007 March 7, 2007: Application for Sketch approval submitted. No action taken. Application remained inactive while a number of issues were being resolved by the property owner. 2009 · January 15, 2009: Letter submitted to Planning Board from applicant requesting that application be scheduled for work session to discuss issues and questions which e.xist. · April 20, 2009: Briefly discussed at Planning Board post-work session. Application tentatively denied by Planning Board due to inability to establish yield required by R-200 Zoning. · June 4, 2009: Applicant agent sent a letter amending the concept plan to subdivide the 124.05 acre parcel into two lots. (See Above) Analysis/Recommendations Zoning Compliance: The subdivision is proposed to be clustered. In a June 24, 2009 conversation with Mike Verity, Chief Building Inspector he determined that all buildings are principal agriculture buildings and the line proposed by the subdivision would render the Steel Barn and Frame Garage nonconforming to the required 30' side yard setbacks. However, the Planning Board has the ability to establish setbacks on a lot pursuant to: ARTICLE Xl, Cluster Developme0t § 240-42 Authority and purpose. A. Authority is hereby granted to the Planning Board pursuant to New York State Town Law § 278 to modify applicable provisions of Chapter 280, Zoning, of this Code, as to layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping, to enable and encourage flexibility of design and development of land in such manner as to preserve the natural and scenic qualities of open space lands. Any subdivision designed under this article shall indicate on the final plat that it is a cluster subdivision. 2. Subdivision Classification: The Development rights were sold on the. parcel in 1984. The total remaining yield on the parcel is 1 (the ten acre does not contain enough buildable lands to achieve a 2 lot yield.) In order to be classified as a Conservation Subdivision; the applicant must meet two parameters; total percent preserved and density reduction. In this case, due to the historic development rights sale, there is no ability to meet the density redUction parameter. It is recommended that the subdivision be classified as a Clustered Standard Subdivision and that the Planning Board expedite the application recognizing the past development right sale. Application Fee: The applicant submitted a fee based upon the Conservation Subdivision fee schedule; The fee for submittal of a Standard Subdivision is $1750.00; a difference of $900.00 is due 4. As a standard subdivision, the $7000.00 Park and Playground fee applies. However in the past the Planning Board has recommended to the Town Board a reduction in the park and playground fee for applicant's whom have sold development rights prior to the 'enactment of the new subdivision code which meet the minimum percentages. It is recommended that the Board support the reduction of a park and playground fee for the creation of the lot. The fee would be reduced to 3500.00. Chicanowicz was such a subdivision. 5. Open Space Ownership: The action will create a 7.04 acre agricultural reserve area. No residential units are proposed within this area and the applicant has agreed to extinguish residential uses on the area. It is recommended that the Board require an Agricultural Easement on the area to define ownership and use. 6. Access: The parcels are accessed from NYS Route 25. It is unclear if the access to Lot 1 will be achieved over Lot 2. If so, an access easement needs to be established over Lot 2. Additionally, if agricultural access is proposed to be established from Lot 1, then a Curb- Cut permit will be required. Road specifications need to be established (Common driveway?) Clearing limits: The sketch plat does not show clearing limits. It is recommended that due to the agricultural use of the parcel that clearing limits be waived. Rather it is recommended that a vegetated buffer be required to delineate the agricultural and residential uses. Recommendations: 1. Require that applicant resubmit application for sketch plan approval. 2. Accept concept plan Waive yield plan requirement, ERSAP plan requirements (except wetland mapping requirements) and primary and secondary conservation area mapping requirements. 4. Start SEQRA Lead Agency process at June 29th worksession.. Establish SEQRA Lead Agency, uncoordinated review and issue conditional sketch plan approval at the July public meeting. The proposed conditions include: 1. Submission of $900.00 application fee difference. 2. Submission of a Preliminary Plat application. 3. Submission of a Preliminary Plat with the following changes: a) Add name of property owner b) Add the distance to the nearest existing or platted streets, street intersections, or other public ways within or immediately adjacent to the tract. c) Show ail utilities, available and/or proposed, including easements therefor, and all streets which are either existing, proposed, or shown on the Official Map, if any. d) Add the zoning district, including exact boundary lines of the district. e) Label the plat Clustered Standard Subdivision of Edward Latham. f) Change the solid lot line between the Latham Farm Property LP and Proposed Lot 1 to a dashed line indicating that the Agriculture Easement area is apart of Lot 1 equal to 124.05 acres. g) Show the limits of wetlands on the Lot 1 h) Label Lot 1 as "Lot 1 Agricultural Easement Area" i) Note on the Preliminary Plat"Lot 1 contains 2.04 acres of subdivision open space" 4. Submission of a permit or letter of non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. Submission of a draft Agricultural Easement for Lot 1. Specific details regarding the easement shall be negotiated with the Planning Board as the application continues to be processed. Note that the easement must refer to the 2.04 acres of subdivision open space. 6. Submission of a New York State Curb-Cut permit. PLANNING BOARD MEMBERS JERILSFN B. WOODHOUSE Chair RI CH-iRD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Sketch Approval, ! APPLICATION IS HEREBY MPd)E to the Town of S0uthold Planning Board for SKETCH APPROVAL for the subdivision described herein. MAILING ADDRESS: P.O. Box 1179 Southold, N-Y 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-~8' Fax: 631 765-3136 1. Name of Subdivision Edward W. Latham Subdivision Suffolk County Tax Map # 1000-19-1-7.5 Type of Subdivision Standard ~/Conservation Hamlet Orient 5. Street Address/ Project Location 31900 Main Road 6. Acreage of Site 10 2 2 R-200 7. Proposed Yield 8. Number of Lots Proposed 9. Zoning District I0. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Edward W. Latham 31900 Main Road Orient, NY 11957 631-323-2593 Agent: See attorney Property Owner(s): Applicant £ngineer: John C. Ehlers 6 East Main Street Riverhead, NY 11901 631-396-8288 N/A Attorney: Deborah Doty, Esq. 670 West Creek Ave, PO Box 1181 Cutchogue, NY 11935 631-734-6648 12. Has an application for subdivision ever been filed for this prope~y? If so, please indicate when and whether or not approval was granted by the Plarming Bom& No, except that 117 acres were split off ±n I984 in connection with development rights sale to Suffolk County, and 1±9 acres were sold to NYS in 1989 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. 1 / 10/2007 14. Has the owner/applicant met with Land Preservation? If so, provide date. No 15. Is any part of the property in agricultural use? yes 16. Is there an existing or proposed sale of development rights on the property? see #12 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#, No. #1000-19-1-7.4 is owned by Latham Farm Property, LP 18. Arethereany building pemfitscu~ently pending onthisprope~y? Ifyes, please provide permit number(s). Expired permits #9823 for replacement of damaged labor camp building & #10526 ~or construciton of farm equipment buildiug 19.The site will be serviced by the following special districts or utility companies: Fire District Orient Post Office Orient School District Orient V~ater Well 20. Has LIPA or Keyspan been notified of tlk~proposed subdJ, visiola? Ifso,nlease provide proof that service will be provided, t~o; service azrea~I~r' prov~_nea no both of rah proposed lots 21. Please indicate the type of open space proposed and how it will be managed? None ' 22. Arethereany existing structures on the prope~y? Ifso, pleaseindicatethetype of structure andits use(s). Will these structuresrem~n, beremoved or altered9 Lot #1: Farm bu±l±dngs - 1 frame barn, 2 steel barns, 3 greefl houses (hoop), 5 frame buildings, 1 concrete building, ! frame garage, 1 ~afle~ (office), I metal shed, 2 fuel cribs; Lot #2: fram= SFD & franc garage 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. ~/^ 24. Application completed by [ ] owner [~] agent [ ] other Signature of Preparer ~~ Date 02/16/2007 Edward W. Latham 31900 Main Road Orient, NY 11957 December, 2006 Deborah Doty, Esq. 670 West Creek Avenue P.O. Box 1181 Cutchogue, NY 11935 RE: 31900 Main Rd, Orient, NY (SCTM # 1000-19-1-7.5) Dear Deborah: I, the owner of the ahove-referenced premises, hereby authorize you to sign all applications and other documents required by the Town of Southold and/or other governmental authorities in connection with building permits, certificates of occupancy, variances, waivers of merger, subdivisions, lot line changes, site plans, etc. with respect to said property. Very truly yours, Edward W. Latham 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 cao alert the toxvn of possiblc conflicts of interest and allow it to take whatever action is necessary to avoid samc. Your Name: Edward h/. Latham 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 Trustee Special Exception Coastal Erosion -- Change of zone Mooring Subdivision Plat x Planmng Site Plan Other (Please name other activity) Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a parmership, in ~vhich the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes No x If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant) and the town officer or employee. Either check the appropriate line 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 16t~yof February , 2007 PnntName Rttw~rd W. Latham, 1~7 Deborah Doty, as attorney Appendix A ~, ~ , State Environmental Quality Review ~ " i ii{ FULL ENVIRONMENTAL ASSESSMENT F~ ;-~ Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly n~anner, whether e project or action mayI be significant. The question of whether an action may be significant is not always easy to ~nswer. Frequently, there ,a~ ~_~eects o! a project that are subjective or unmeasurable. It is also understood that those who deter~ine~nffican~ ~'h~ I~; or n0 formal knowledge of the environment or may not be technically expe~ in environmental anal~is,~.~,.addifio~ man~ who-hav~ knowledge The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts; Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that taLes place in Parts 2 and 3. Part Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important, THIS AREA FOR LEAD AGENCy USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: DPart 1 DPart 2 [~]Part 3 Upon review of the information recorded on this EAF tParts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: DA. The project will not result in any large and important impact{s) and, therefore, is one which will not have a DB, significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) websits Date Page 1 of 21 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 of the application for approval and may be subject to further verification and public review. Provide any additional information you bell eve will be needed to complete Pads 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 ioformation requiring such additional work Is unavailable, so indicate and specify each instance. Edward W. Latham Subdivision Name of Action Location of Action (include Street Address, Municipality and County) 31900 Main Road, Orient, NY Name of Applicant/Sponsor Edward W. Latham, by Deborah Doty, Esq. Address 670 West Creek Ave, PO Box 1181 Cib//PO Cutchogue State NY Zip Code 11935 Business Telephone FAX: 631-734-7702 Name of Owner (if different) 631-734-6648 EdCard W. L. atham Address 31900 Main Road c~ty / PO Business Telephone Orient State NY 1195/ Zip Code __/ Description of Action: Subdivision of 10-acre parcel: proposed Lot #1 improved by farm buildings, and proposed Lot #2 improved by single family dwelling and detached garage 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 Lend Use: [] Urban [] Industrial [] Commercial D Forest D Residential )suburban) DAgriculture DOther ~in~l. fm~il.v dwellin£ r'~ Rural (non-farm) 2. Total acreage of project area: 10 acres. APPROXIMATE ACREAGE Meadow or Brushlaod (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 Farm, Ag, SFD Other (~ndicate type) PRESENTLY AFTER COMPLETION acres acres __ acres acres __ acres acres 1.9+ acres 1.9+- acres 8.1+ 8.1+- 6 7 8. 9 What is predominant soil type(s) on project site? a. Soil drainage: ['~Well drained 100+-% of site ~Poody drained __% of site r'~ Moderately well drained % of site. 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? acres (see 1 NYCRR 370). Are there bedrock outcroppings onproiect site? ] ] Yes ~ No a. What is depth to bedrock (in feet) Approximate percentage of proposed project site with slopes: [~0-10% % ~10- 15%__% [] 15% or greater % Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic P~aces? ~ Yes ~ No Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes ]Yes [] No OYes ~No What is the depth of the water table? (in feet) Is site located over a primary, principal, or sole sourqe aquifer? 10, Do hunting, fishing or shell fishing opporturfities presently exis~ in the prolect area? Page 3 of 21 Does project'site contain any species of plant or animal life that is identified as threatened or endangered? I lyes I-z INo According to: Identify each species: 1 2. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ~¥es ["'~ No Describe: 1 3. Is the project site presently used by ti~e community or neighborhood as an open space or recreation area? E]Yes E~No If yes, explain: 1 4. Does the present site i~ciude scenic views known to be important to the community? E]Yes F~No 1 5. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary unknown 16. Lakes, ponds, wedsnd areas within or contiguous to project area: Lot #7.6 = wetlands owned by NYS b. Size jin acres): 119+ acres Page 4 of 21 17. 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? r~No no change in connection Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? BYes ElNa Is the site located in or substantiaIl~_ontiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 b~Yes r~-'] N o 20. Has the site ever been used for the disposal of solid or hazardous wastes? L--~Yes E]No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor; 10 10 b. Project acreage to be developed: acres initially; 0 c. Proiect acreage to remain undeveloped; acres. d. Length of project, in miles: n/a (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed, n/a f. Number of off-street parking spaces existing . n/a ; proposed n/a #7.4 owned by Latham Farm Property LP Maximum vehicular trips generated per hour: n/c (upon/completion of project)? h. If residential: Number and type of housing units: Initially Ultimately Ome Family Two Family Multiple Family 1 p o ed none h Dimensions (in feet) of largest proposed structure: j. Linear feet of frontage along a public thoroughfare project will occupy is? 114-+ 2. How much nature~ material (i.e. rock, earth, etc.) will be removed from the site? 0 3. Wil, disturbed areas be reclaimed BYes []No QN/A Condominium width; length. ft. tons/cubic yards. yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No How many acres of vegetation }trees, shrubs, ground coversl wi][ be removed from site? n/a Page 5 of 21 5 Will any mature forest (over 100 years old) or other Iocally-importent vegetation be rernoved by this project? C~Yes [] No If single phase project: Anticipated period of construction: __ If multi-phased: a Total number of phases anticipated ~l./a (number( b. Anticipated date of commencement phase 1; __ month __ c. Approximate completion date of final phase: __ month __ 0 months, (including demolition) year, (including demolition) year. d. ~s phase 1 functionally dependent on subsequent phases? [] Yes [] No Will blasting occur during construction7 [] Yes [] No Number of iobs generated: during construction ~_/a ; after project is cempletp 10. Number of iobs eliminated by this project Tt/a 1 1. Will project require relocation of any projects or facilities? ~ Yes If yes, exptain: 12. Is surface liquid waste disposal involved? [] Yes ~No e. If yes, indicate type of waste (sewage, industriai, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~ Yes [] No Type 14. Will surface area of an existing water body increase or decrease by proposal? [] Yes ~ No If yes, explain; 15. Is project or any portion of project located in a 100 year flood plain? [] Yes [] No 16. Will the project generate solid waste? []Yes []No e. If yes, what is the amount per month? __tens b. If yes, will an existing solid waste facility be used7 [] Yes [] 14o c. If yes, give name ; location d. Will eny wastes not go into a sewa§edisposal system or into a sanitarylandfi~l? []Yes E~No Page 6 of 21 e. If yes, explain: 17, Will the project involve the disposal of solid waste? L-"~lYes F~lNo a. If yes, what is the anticipated rate of disposal? .-- tons/month. b, If yes, what is the anticipated sit~ life? -- years. 18. Will proiect use herbicides or pesticides? E~Yes [] No 19. Will project routinely produce odors {more than one hour per day)? DYes r~No 20. Wilt project produce operating noise exceeding the local ambient noise levels? []Yes []No ras ,t in an i.c ease in energy u a? ¥es [].o If yes, indicate type(s) 22. It water supply is from wells, indicate pumping capacity P-/C gallons/minule. 23, Total anticipated water usage per day ~_/c ga~(ons/day. 24. Does project involve Local, State or Federal funding? []Yes [] No if yes, explain: Page 7 of 21 25, Approvals Required: City, Town, Village Board [~Yes [] No Type Submittsl Data City, Town, Village Planning Board []Yes ~ No City, Town Zoning Board []Yes [] No City, County Health Department [] Yes r~ No Other Local Agencies []Yes [] No state Agencies []Yes ~ No Federal Agencies r~Yes C. Zoning and Planning Inforrnation 1. Does proposed action involve a planning orzonlng decision? r~Yes H Yes, indicate decision required: .~ []Zoning amendment ~Site plan DNa E"'] Zoning variance D Spe6ia[ use permit r~ New/revision of master plan E~ Resource m~nagement plan ["~Subdivision E~Other Page 8 of 21 2. What is the zoning classification(s( of the site? 3. What is the maximum potential development o4 the site if developed as permitted by the present zoning? What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes I Residential & agricultural ? Whet ere the predominant ~and use(s) and zoning classifications Within a Y4 rhine radius o~/proposed action? Is the proposed action compatible with adjoining/surrounding land uses with a ¼ mile? []Yes 2 ff the proposed action is the subdivision of land, how many lots are proposed? a What is the minimum lot s~s~ proposed? 2. 9516 acres E]No Page 9 o[ 21 1 0, Will proposed action require any authorization(s) for the formation of sewer r~Yes [] Ho Will the proposed action create a demand for any community provided services IrecreaUon, education, police, fire protection? DYes a. if yes, is existing capacity sufficient to handle projected demand? [] Yes [] No ]Yes [] No r No 1 2. 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. []Yes D. Informational Details / Attach any additional information as may b%/~aeded to clarify your project, if there are or may be any adverse impacts associated with your proposal, please discuss ~uch impacts and the measures which you propose to mitigate or avoid [hem. E. Verification / t certify that the information provided above is true to the best of my knowledn~. / 02/16/2007 Applicant/Sponsor Name Edward W. Latham, by Deborah Dory, Esq. Date Signature Title 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 10of 21 &£cu~,e the ~2-. ~ day of October, j¥ineteen Hu,ndred and 1" lfty- eight J{ *tll m r. rUA CnINOEN, residing at YoungS }~oad, Orient, St folk County, New York. one of the distributeem of Wanny b. Latham, parity of the first part, and EoWgt~tD W. LATH^M, residing'at Orient, Suffolk County, New party of the second part, t he ,art y of the first part, in consideration of Dollar ()NE ............... la~wf~l money of th~ United St~es, and other good and ($1. oo paid by ~he party of the second part., ~aluable considerations does hereb~t remise, release, ~nd q~ite~i~ ~n~ t~ pa~ y of t~ second P~, and assi~s forever, ~lg of the right, title and interest of the ~i8 heirs )ar~y of the first part, of, in and ro all that certain tract or parcel of land, with the vuildings and improve moms thereon erected, situate, lying and being ar Orient Poinl ~n ~he Town of qouthold. County of Suffolk and State of New york, and branded and ,descri cd ffencrally as follows:- Northerly by the Main Road or State Highway; easterly by lands of Lloyd Terry; southerly by the waters of Ilallocks Bay and westerly by the stream or' creek knowu as Narrow River, and by Broad Meadows, so-ealled. Together with all of the right, title and interest of the party of the first part of, in and ~c the lands under the waters,~of Hallocks Bay and Narrow [~iver adjacent to said premises. ...... J3~eigR and intended to be the premises devised by Addie M. Latham to Fann} [~. ] a~harn ~nd Dxniel~F. Latharn, .alld of~_ ~whiqh !he said Fanny L. I~atham ~nd Daniel T. Latham died seized and possessed. k?,,'O~{~_.~i!~H? wi~h the appu, rtenanees and agl the r~/? ~h~ /7r,~'~ pctr~ i~ and to sa, i~ premise,~, o~ th~ sccon,d ptsrl, his heirs Blanche Lafham CHngen Fill, y- eight day of October, ~V~eteen Ht*ndred and before me, the s~bscriber, personally appeared BLANCHE LATHAM CLINGEN ~o me personally known ~,nd known to me to be the same person in eez~(t who execrated the ~thi~ Instr~en~, and ~ descr~ba~ RECORDED ALEX JA~I~R Date: 03/15/07 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Receipt~: 6116 Transaction(s): 1 1 Application Fees Reference Subtotal 19-1-7.5 $850.00 Check~:6116 Total Paid: $850.00 Name: Clerk ID: Latham, Subdivision C/o Deborah Ooty P O Box 1811 Cutchogue, NY 11935 LINDAC Internal ID: 19-1-7.5 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM 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 To: Elizabeth Neville, Town Clerk From: Planning Department Date: March 14, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tax ~Aap Amount bate of ¢~ Check A. biPietro subdiv. 74-3-16 $Z,500 app 2/25/07 Latham subdiv. 19-1-7.5 $850 app 3/7/07 5outhview Preserve subd 87-5-21.7 $500 app 2/7/07 LR encs. /~UR'VF_.,Y OF ?~O?~,TY /~ITUATF_,: OI;L~,NT TOWN: SOUTHOLD SUFFOLK, COUNTY, 5,5q °25'06"F 555.25' Q 600.00' N&q°25 06"~ ~ ~55.82' / PROPOSED nl Z N&q °25'06 "~ 555°2~'55'' NSq°Oq'2 5~5°1q'16,,~ ~q.Sq' PROPOSED LOT 2 N 174.54' 450.OO' NOTE5: · ~4ONUHENT FOUND O PIPE FOUND OVERALL AP. lEA = 4B5,~'OO 5xq.. Fl:. OR I0.0000 Acres ®RAPHIC, SC, ALE I "=~20' O ~,O 120 18,O JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 ~, N.Y. 11901 369-8288 Fax 369-8287 REF:\\Compaqserver\pros\06~06-272.pro