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
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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
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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.
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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