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HomeMy WebLinkAbout1000-84.-1-11III HAP TOY4N E~AF~D GEt~,TII=IGATION ///~ll / ¥- \ \ / / / / / \ if. / 0 \ / / \ X x C, ONSE~.VATION A~.tEA 1,1~1,~21. CP 28.&"TI"/ AC., DATA TOTAL AKEA = 3~.q~O AG. OR 1,41~o~o 5F= NOTICE Thi~ document · NOT a fl~ ~u~ivision map pu~ant ~ ~ 8~ ' he Real Pmpe~ L~. It ~ fl~ FILE l FILED JAN 07 2011 Judith A. pascste CLERK OF SUFFOLK COUNI~ ¢::Ot~VE¥OR.'~ GERTIFIGATION MIGHAFI ODA MAP .. DEHGt-IAK 41 MARIA DEHC,,HAK, ot Gut, chocjue, Tovqn of ~oul;holcl ~uFFolk Oounb~, Nev~ 'dock OPEN DEVELOPMENT AfaEA j TOI~N E~:DAI~.D GI=tR. TIFIGATION / / / / II I ~ / I j/ ,.,._/ ~ \ / ~ / / / 51TE DATA TOTAL AFtrA = ~.~O AC. OF~ 1,44~O~2 ~F ~CE ~ ~nt ~ ~Ta ~ su~ivisl~ map pumuant ~ ~ ~ er the ~eal Pmpe~ L~. It is fl~ FILE No./}.? 1 5 FILED JAti O? 2011 FILED JAN 07 2011 Judith A Pascale CLERK OF SUFFOLK COUN~ .%U~VE¥Of~ ~ GER. TIFIC, ATION ODA MAP MIGHAIe-L DEHCHAK ~ MARIA DEMGHAK. at, Out:c, hogue, To~n of~ ~oul:hold 5uF~olk C, ount:~, Ne~ York OPt=N DEVELOPMENT A~Ai JAN lO00 &4 om II Mop OI,tr,ct lO00 s,=u~n &4 s,~:k om ~ot {2.1 JOHN P, TAGGART, ESQ. LAW OFFICES PETER S. DANOWSKI, dR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E Mail: pdanowski@danowskilaw.com jtaggart@danowskilaw.com January 13,2011 Southold Town Planning Department 54375 State Route 25 Southold, NY 11971-0959 Re: Maria and Michael Demchak - property in Southold Town Dear Sir or Madam: Enclosed please find proof of filing of ODA Map. The map was filed in A-715 on January 7, 2010. Very truly yours, Peter S. Danowski, Jr. Enc. cc: Mr. and Mrs. Michael Demchak MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (63 l ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: ~ ~c, ~ Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Southold Town Clerk Land Preservation Department December 28, 2010 DEMCHAK Open Development Area (ODA) Part of SCTM #1000-84-1-11 & 12.1 In compliance with Town Code Section 240-28(C) and the Town Board's adoption of Resolution No. 2010-944 on November 30, 2010, regarding the approval of an Open Development Area (ODA} for Michael & Maria Demchak, 1 am submitting a copy of the recorded Grant of Development Rights Easement dated December 8, 2010, between Maria Demchak and Michael Demchak, and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on December 23, 2010, in Liber D00012646, at page 798. /md enc. cc: Peter S. Danowski, Jr., Esq. w/enc. Michael & Maria Demchak w/enc. Planning Board w/enc. RESOLUTION 2010-944 ADOPTED DOC ID: 6442 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-944 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 30, 2010: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Peter Danowski, Esq. on behalf of Michael Demchak, to establish an open development area pursuant to Chapter 240 of the Town Code; and WHEREAS, pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold held a public hearing on the establishment of an open development area on property owned by Michael Demchak on November 30, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York; and WHEREAS, the proposed open development area is located on 7.231_+ acres of the 33.9890_+ acre parcel and consists of 4 residential lots; and. WHEREAS, the development rights of the remaining 26.67+__acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement, in accordance with Resolution No. 2010-332; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and be it further Resolution 2010-944 Board Mee~ng of November 30, 2010 RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action and has determined that the action is consistent with the LWRP; and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes an open development area consisting of 4 residential lots on approximately 7.231_+ acres of the 33.9890_+ acre parcel owned by Michael Demchak and hereby authorizes and directs Supervisor Scott A. Russell to execute the approved Open Development Area Map prepared by Howard W. Young, L.S., dated September 27, 2010, within l 0 days of the date of this resolution and further directs the applicant to file said Map with the Suffolk County Clerk and the Town Clerk within 62 days, in accordance with §240-29(F) of the Town Code. Elizabeth A. Neville Sonthold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/30/2010 4:13 PM by Lynda Rudder Page 2 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C10-46405 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 1212312010 under Liber D00012646 and Page 798 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12123120'10 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL J,,,, DEC 2 8 2010 D£P[ OF LAND PRES£RVATI01~ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT ~,mher of Pages: 29 Receipt Number : 10-0148160 TRANS~R TAX NUMBER: 10-10870 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 084.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $1,733,660.50 12/23/2010 11:50:16 AM D00012646 798 Lot: 011. 002 Received the Following Fees For Above Instrument Exempt Page/Filing $145.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $18.85 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 10-10870 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $0.00 NO $50.00 NO $0.00 NO $258.85 JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Deed / Mortgage Tax Stamp · FEES Page / Filing Fee SS~lV (Co.nty)X, E~-5217 (State)~) C o mm% f-~ff. NYS Surcharge Other 4 [ Dist. 20. 00 Sub Total. 5. O0 ~ 15. 00 Sub Total 6-. . .,, 1000 08400 0100 011002 1000 08400 0100 012004 Real Property Tax Service Agency Verification Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 ~ RECORD & RETURN TO: RECORDED 2010 Dec 23 1t:50:16 JUDITH ~. p~SCALE CLERK OF SUFFOLK cOUHTY L D00012646 P 798 DT% 10-10870 Reco/ding / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County.__ Held for Appointme~5;::~ Transfer Tax ~"-..-'~ Mansion Tax The property covered by this mortgage is or will be impi'oved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on Community Preservation Fund Oons deration ^mount CPF Tax Due /$ 'Improved VacanlLir~· TD P, O, Soi 117q ~ TD ~a~, ~g J~ · . Mail to: dudith A. ~ascale, Suffolk County Clerk ~ 7 ~ ~tle Company Information 3~ o Ge~er Dr ye; R verh~d ~Y ~90J ~. Nam ~ ~ ~ ~ www. suffolkcountyny, gov/clerk I Title ~ ~T/O ~¢~&~ Suffolk County Recording & Endorsement Page This page forms part of the attached (sv~cwy TYP~. OF msamtnvm~rr) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the TOWN of In the VILLAGE or HAMLET of GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~'~ day of December, 2010 at Southold, New York. The parties are MARIA DEMCHAK and MICHAEL DEMCHAK, 3206 Carnoustie Court, Riverhead, New York 11901 (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee") and the United States of America ("United States") by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service ("NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein. INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-84-1-11 and part of SCTM #1000- 84-1-12.1, more fully.described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by Young & Young, dated November 16, 2010 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation, has provided EIGHT HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($870,000.00) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as sod crop in rotation with other specialty crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible ' values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SEVEN HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED SIXTY AND 50/100 DOLLARS ($:[,733,660.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, 2 which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.0! Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule "A", free of any mortgages or liens, as set forth in Stewart Title ~[nsurance Company Title Report No. ST:~0-07862 and possesses the right to grant this easement. .0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other' contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, conservation and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This inst~'ument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, conservation and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoqnition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, conservation, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property'and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated November 16, 2010 prepared by Young & Young, and a Phase I Environmental Site Assessment dated May 26, 2010 by Cashin Associates, P.C. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forDearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. AR'I'~CLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now or as ....... ~er-70 may be ame~de~ and in¢luding~he~roduction of crops, - livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No .future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries .of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 'Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION SEVEN HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED SIXTY AND 50/100 DOLLARS ($1,733,660.50) good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS 6 From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: .3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitatiOn, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed, except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the property or reconfigure lot lines, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. The United States Secretary of Agriculture shall be notified prior to such division or conveyance. 3.04 Dumpinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for ' any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301 (2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, and shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP will assure that selected conservation practice alternatives will prevent 9 sheet and rill erosion from exceeding the current published soil loss tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3~10 Conservation Compliance Provisions of the Conservation Plan As required by Section 1238! of the Food Security Act of 1985, as amended, the Grantor, its heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan (the "Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may deve,!op and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technidal Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. !n the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. !f the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to ]0 affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan and in order to control flooding or soil erosion on the Property. 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except' for the right to use the Property for agricultural production as set forth in Article Four below and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Granl~or shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. 12 Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited, except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other conservation instrument, including but not limited to farmstands. 4:06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as may be permitted by the Town Code, now or'as may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Construction of new structures, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "structure" in Section 1.02. Lot coverage of impervious surface areas shall be limited to 10% of the Property. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent~ with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage~ resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable Size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, 14 specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee and the United States of America, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject to or incur relating to the Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws, as defined below. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulat!ons, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to defend and indemnify the Grantee and hold harmless and indemnify the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by Grantee. 5.03 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic, conservation and agricultural values of the Property. In the event Grantor fails to cOmply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.0! Entry and Inspection Grantee shall have the right to enter upon the ProPerty at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall l? also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Property by the public. · 6.02 Restoration In addition to Grantee's remedies under Section 5.03, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' written notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in the Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 10 days. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Nailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, 19 recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Where notice is required to the United. States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York :[3202-2450. Notice to the NRCS shall be deemed notice to the United States of America. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date Of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this AR~CLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee and the United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, approved in advance by the United States Department of Agriculture NRCS, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the 2o Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in prOportion to the value attributable to the development rights transferred hereby, in accordance with Section 7.12 herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and with the written approval of the Secretary of the United States Department of Agriculture, and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter 2! the limitations, placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 6.03 (Enforcement Rights of Grantee) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the .United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or' unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interj~retation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because 22 it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be 'subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.:].0 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee and the United States, which, for purposes of calculating proceeds from a sale or other disposition of the 23 Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, as reflected in an appraisal obtained by Grantee dated January 6, 2010. The Proportionate Share is 69.3%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). If any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are 49.8%, and 50.2%, respectively, representing the proPortion each party contributed to the purchase price of the Easement. IN w~'rNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: MARIA DEMCHAK, Grantor MICHAEL DEMCHAK, Grantor ACKNOWLEDGED AND ACCEPTED: 24 Acceptance of Property :Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on b I of t.~,/Unite tares of America. ¢'/'A~th o ri~ed S ig n a~- f~'j~h e-~-~CS ASTON F. BOOZER, State Conservationist STATE OF NEW YORK ) COUNTY OF ~N~/Y~) SS: On this ~'t~day of b~'~-.~'~, in the year 2010 before me, the undemigned, pemonally appeared Astor Boozer, pemonally known to' me or proved to me on the basis of satisfacto~ evidence to be the individual~ whose name~(are) sub.bed to the within instrum~and acknowledg~to me th~ h~/sh~ey executed the same in ~her/their capacity(ies)~ and t~t by.her/their signature(s) on the instrument, the individual(s), or the person upon beh~ of which ~ejndividual(s) a~ed, execute~~~t~S0~ - ' ' - Nom Pub c No. 01ST5089 2 of MaSson, S te of N.Y. STATE OF NEW YORK ) ~ssion COUNW OF SUFFOLK ), SS: De mberS, On the ~ day of ~ in the year 20~0 before me, the undemigned, pemonally appeared Haria Demchak, pemonally known to me or proved to me on the basis of satisfacto~ evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capaci~ (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the pemon upon behalf of which the individual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement PATRICIA L FALLON Nota~ Public, State Of New York No. 01FA4950146 Qualified In Suffolk Coun~ 25 Commission ~pires April 24, ~/I STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this ~ day of ~-' in the year 2010 before me, the undersigned, personally appeared Michael Demchak, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: PATRICIA L. FALLON Notary Public, State Of New Yore No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, ~ On this ~day of ~)et~-~.r~}~xe~.~}lO before me, the undersigned, personally appeared ~1, persOnally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~otary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qual f ed In Suffolk County Commission Exp res April 24, ~.g// 26 _stewaK title insurance company NEW YORK METRO 800-853H803 212-922-1593 fax stewaflnewyork.com SCHEDULE A - DESCRIPTION Title No.: ST10-07862 (AMENDED 11/29/2010) ALL that cefadn plot, piece or parcel of land, situate, lying and being at Cutehogue, in the Town of Southold, County of Suffolk and State of New York, bounded and descfiSed more particularly as follows: BEGINNING at a point on the southesstedy side of Oregon Road distant the following four (4) courses and distances from the comer formed by the intersection of the southesstedy Side of Oregon Road and the northerly side of Cox's Lane: (1) (2) O) '(4) North 32 degrees 10 minutes 52 seconds East, 222.47 feet to a point; North 30 degrees 59 minutes 42 seconds East, 569.34 feet to a monument; North 45 degrees 27 minutes 32 seconds F. ast, 106.75 feet to a monument; Notlh 45 degre~ 27 minutes 32 seconds East, 251.67 feet to the a'ue point or place of beginning; RUNNING THENCE still along the southeasterly side of Oregon Road North 49 degrees 10 minutes 32 seconds East, 404.49 feet to a monument and land now or formerly of Lieb Vineyard LLC; THENCE along said land South 60 degrees 32 minutes 14 seconds East, 1889.20 feet to a monument and land now or formerly of Steven Dubner; THENCE along said land South 57 degrees 10 minutes 09 seconds West, 452.16 feet to a monument and land now or formerly of Robert fi_ Graeb and Phylis fi- Graeb; THENCE along smd land arid land now or formerly of Michael Demchak and Maria Demchak (Retained Parcel "B") South 57 degrees 09 m'nntes 59 seCOnds West, 403.23 feet to a point;, THENCE along other land now or formerly of Michael Demchak and Maria Dcmchak North 60 degrees 35 minutes 58 seconds West, 491.77 feet to a monument and Other land now or formerly of Lieb Vineyard LLC; THENCE along said land North 61 degrees 07 minutes 28 seconds West, 572.69 feet to other land now or formerly of Michael Demehak and Maria Demohak (Retained Parcel "A"); THENCE along said land the following two (2) courses and distances: -(1) North 28 degrees 52 minutes 32 seconds East, 334.15 fcet; (2) North 55 degrees 33 minutes 29 seconds West, 562.23 feet to the southeasterly side of Oregon Road, the point or place of BEGINNING. JOHN P. TAGGART, ESQ. LAW OFFICES PETER S. DANOWSKI, ,.,IR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-Maih pdanowski@danowskilaw.com jtaggart@danowskilaw.com September 28, 2010 RECEIVED Southold Town Board 5437S State Route 25 Southold, NY 11971-0959 8EP 2 8 2010 eu!hold Town Cled Re: Maria and Michael Demchak - Sale of Development Rights to Town of Southold and Creation of Open Development Area SCTM #1000 - 84 - 01 - 11 and 1000 - 84 - 01 - 12.2 Dear Sir or Madam: As your Board knows, the Town is now under contract to purchase development rights from the greater portion of the agricultural land with regard to the above identified parcels. After a good deal of discussions with Town Planning Staff and the office of the Land Preservation, a sketch plan is being submitted to the Southold Town Planning Board. I am advised that the within Petition should be filed to keep the Town Board apprised of the fact that once sketch plan approval has been granted, that the Town Board can then promptly act on the Petition to create the open development area. My client would then like to close on the sale of development rights, hopefully before the end of this year. Very truly yours, PETER S. DANOWSKI, IR. PSD:gsg Encl. cc: Maria and Michael Demchak Young & Young PETITION The undersigned do hereby petition the Southold Town Board to establish an open development area as proposed on the enclosed plans prepared by the office of Young and Young. MARIA DEMCHAK MICHAEL DEMCHAK STATE OF NEW YORK ) ) SS.: COUNTY OF SIJFFOLK ) MARIA DEMCHAK and MICHAEL DEMCHAK, each being duly sworn, say: We are the Petitioners herein; we have read the foregoing Petition and know the contents thereof; the same is true to our own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters we believe it to be true. MARIA DEMCHAK MICHAEL DEMCHAK Sworn to before me this ~tV' dayofSeptember, 2010 ~l%tary Public ELIZABETH ,~.FALLO~ KEY~I'?AP ~E~TAIN A~EA~ LOT TOTAL POLt= I~ULK 4 114,450 rP NA 114,450 SF ~ 1,1~1,~1 5~ NA NA TOT 1,4~0,~0 ~ ~0~.~2 ~P 80,000 I D,2q'2 DI 24,440 NA NA OPEN 5pAC,~ 'A' (PART OF' LOT TOI~IN I~OAIi~2 C.,ERTII=Id. ATION 0 Df= 0 8f= 44,'"ti 8 DF 44,%88 5~ I / / F X \ LOTD I,'~ ~ D O~t=N I:2EYELOPh'IENT At~EA 20.4,28'~. D~= OR 4.~8q8 AZ ~prnent OONSE~"/ATION 1,1~1,82L 8F 28.6~["1 AC, ¢1 i JJ 12ATA TOTAL "/5,/"f,5 ~,OND~=RVATION 5UBDIVI¢ION ¢U~VBYO~'¢ C,.t~t~,TI:PIC, ATION CLU5t~t~ 5UB~IVISION HAP HIC, HAEL ~I=NIcSHAi~ ~J HA~IA o~ ~u~cho~u~, to~n o~ ~ou~hold Suffolk Coun~, N~ York OPEN DEVELOPMENT OI B~oo~ OI ~0t 12.1 Kt~MAP LOT TOTAL POLE EUL~ ~ 60,219 O~ 5,15~ O~ ~,0~0 O~ 5 1,1~1,821 5~ NA NA TOT 1,480,~0 ~ ~0~.~82 ~ < 80,000 Ot= OPEN 5PACE I9,"V'Tv SF 0 Of= NA 44,~68 O~ NA 1,161,021 S~ OPEN 8PAGE 'A' (PART OF LOT 4) TOI~IN EkDAW. D CEt~.TIFIGATION THIS lB TO CERTIFY THAT THIB OPEN DEYELOPNIENT AP4~A NAS 44,~68 SF Z LOT 4 DEVELOPMENT At~<EA 114,4B0. 8F 0~. 2.62?4 AC B31 65 \ \ \ D~ Ar~ / / I//i / i / ~ I ~////I / ~7 u/ ~ ///¢/ ,' , IIII ,'~ , I ~ /11 // / / /I ~'/ I / / / / / / o.¢2' I OlTE DATA TOTAL A~IEA = ~.q~O 't5/'/5 CON..~,VATION 5UBDIVI¢ION OU~',/E'fOI~.'O GER, TI~IGATION I000 84 OI II Oount~ Tox Mop 0i,~r,ct I000 $,c[lon 54 Block OI ~ot I1.1 lO0 0 50 I00 Ocol¢: I" = I00' RESOLUTION 2010-944 ADOPTED DOC ID: 6442 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-944 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 30, 2010: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Peter Danowski, Esq. on behalf of Michael Demchak, to establish an open development area pursuant to Chapter 240 of the Town Code; and WHEREAS, pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold held a public hearing on the establishment of an open development area on property owned by Michael Demchak on November 30, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south side of oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York; and WHEREAS, the proposed open development area is located on 7.231_+_ acres of the 33.9890+ acre parcel and consists of 4 residential lots; and. WHEREAS, the development rights of the remaining 26.67+acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement, in accordance with Resolution No. 2010-332; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form Resolution 2010-944 Board IVffi~ng of November 30, 2010 prepared for this project is accepted and attached hereto; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action and has determined that the action is consistent with the LWRP; and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes an open development area consisting of 4 residential lots on approximately 7.231 + acres of the 33.9890+ acre parcel owned by Michael Demchak and hereby authorizes and directs Supervisor Scott A. Russell to execute the approved Open Development Area Map prepared by Howard W. Young, L.S., dated September 27, 2010, withinl0 days of the date of this resolution and further directs the applicant to file said Map with the Suffolk County Clerk and the Town Clerk within 62 days, in accordance with §240-29(F) of the Town Code. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/30/2010 4:13 PM by Lynda Rudder Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Michael Demehak to establish open development area as eomplete~ and hereby sets Tuesday, November 30~ 2010~ at 7:37 p.m, Southold Town glall~ 53095 Main Road~ Sonthold~ New York~ as the time and place for a public hearing for the establishment of an open development area on properS, owned by Michael Demehak~ said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at Oregon Road, Cutchogae. The property is located in the A-C Zoning District and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The proposed open development area is located on 7.231+ acres of the 33.9890+ acre parcel. The open development area consists of 4 lots on approximately 7.231 +acres to include 4 residential lots. The development fights of the remaining 26.67+aeres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: November 16, 2010 BY ORDER OF THE TOWN BOARD OFTHETOWNOFSOUTHOLD Eliz~ethNeville Town Clerk PLEASE PUBLISH ON November 24~ 2010 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Planning Dept Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board RESOLUTION 2010-913 ADOPTED DOC ID: 6374 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-913 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2010: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Peter Danowski, Esq. on behalf o£ Michael Demchak to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Michael Demchak to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:37 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New Yorl~ as the time and place for a public hearing for the establishment of an open development area on property, owned by Michael Demchak~ said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The proposed open development area is located on 7.231_+ acres of the 33.9890_+ acre parcel. The open development area consists of 4 lots on approximately 7.23 l-+_aeres to include 4 residential lots. The development rights of the remaining 26.67+acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hofl Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 16, 2010 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue Riverhead, NY 11901 Re: Sketch Approval: Proposed Conservation Subdivision for Michael and Maria Demchak Located on Oregon Road, Cutchogue SCTM#:1000-84-1-11 &12.1 Zoning District: A-C Dear Mr. Danowski: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 15, 2010: The public hearing was closed. WHEREAS, this is a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District as the first step in creating an Open Development Area (ODA). Lot 1 totals 66,728 square feet, Lot 2 totals 77,348 square feet, Lot 3 totals 60,213 square feet, and Lot 4 totals 111,450 square feet where 44,768 square feet of Lot 4 are clustered subdivision open space. Lot 5 which totals 1,161,821 square feet will have the Development Rights sold to the Town of Southold in December 2010; and WHEREAS, an application for sketch approval was submitted on September 29, 2010, including the sketch plan prepared by Howard W. Young, L.S., dated July 20, 2010 and last revised on November 2, 2010; and WHEREAS, on October 4, 2010, the Southold Town Planning Board, reviewed and accepted the application for formal review; and WHEREAS, this proposed conservation subdivision has 44,768 square feet of clustered subdivision open space located within Lot 4 which shall remain unbuildable pursuant to Southold Town Code {}240-42; and Michael & Maria Demchak Pa.qe Two November 16, 2010 WHEREAS, on October 5, 2010, referrals were sent to the following agencies for comment on the above-referenced project: · Town of Southold Engineer · Cutchogue Fire District · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; and WHEREAS, on October 20, 2010, the Cutchogue Fire District submitted comments on the above-referenced application; and WHEREAS, the Suffolk County Planning Commission deemed the application a matter of local determination; and WHEREAS, on November 1, 2010, the Southold Town LWRP Coordinator submitted comments on the above-referenced application; and WHEREAS, on November 8, 2010, the applicant submitted revised sketch plans and a draft access easement allowing for access from Cox Lane to Lot 4; and WHEREAS, on November 10, 2010 the Southold Town Engineer submitted comments on the above-referenced application; and WHEREAS, those comments have been considered and accepted by the Southold Town Planning Board and have been incorporated into the sketch plan for the above- referenced application; and WHEREAS, the submitted application and revised maps meet all of the requirements for sketch approval; and WHEREAS, on November 15, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, initiated the SEQRA lead agency process for this Unlisted Action; and WHEREAS, on November 15, 2010, a public hearing for the above-referenced application was held and closed; be it therefore RESOLVED, that the Southold Town Planning Board acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board determines this action to be consistent under the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further Michael & Maria Demchak PaRe Three November 16, 2010 RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated July 20, 2010 and last revised on November 2, 2010. Sketch Plan Approval is valid for six months from the date of issuance, unless extended by resolution of the Planning Board. Enclosed please find a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. V~_ t, ruly yours, Martin H. Sidor Chairman Encl. CC; Suffolk County Planning Commission Suffolk County Department of Health Services PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 15, 2010 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Open Development Area Conservation Subdivision for Michael and Maria Demchak SCTM#: 1000-84-1-11 & 12.1 Location: Oregon Road, Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes No (X) Description of Action: This Open Development Area Conservation Subdivision is a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District. Proposed Lot 1 will total 66,728 square feet, Proposed Lot 2 will total 77,348 square, Proposed Lot 3 will total 60,213 square feet, Proposed Lot 4 will total 111,450 square feet where 44,768 square feet are clustered subdivision open space & Proposed Lot 5 will total 1,161,821 square feet where the Development Rights will be sold to the Town of Southold in December 2010 for the purpose of farmland preservation. Pursuant to Article VIII of the Southold Town Code, the Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection (~ructures to which access is given ht-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the Open Development Area. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: It is estimated that the proposed 4 residential lots will use approximately 1,200 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydregeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: SINGLE FAMILY DWELLING: 300 .qpd x 4 dwellin,qs = 1200 .qpd Therefore, the proposed application will conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, nor are a substantial increase in solid waste production, flooding, leaching or drainage problems expected to occur if the proposed action is implemented as planned. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. This conservation subdivision will preserve 75% of the buildable lands of the pamel. The parcel is currently in agricultural production with an existing residential lot. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of the proposed action. The Planning Board is requiring that eac~sidential lot contain a vegetative I~r on the lot to minimize user conflicts of the residential and agricultural properties. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. To the contrary, this proposal meets the Town's goal of preserving active agricultural lands. The proposed action will not significantly impair the character or quality of important historical, amhaeological, architectural, or aesthetic resources or of existing community or neighborhood character. The parcel is located in an area comprised of residential and agricultural land uses. The location of the lots are similar in design and configuration of existing lots within the proximity. No known occurrence of archaeological resources have been identified. No major change in the use of either the quantity or type of energy will occur. The lots being created are not expected to have an over-all impact on energy resources. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The standard subdivision will commit 80 percent of the buildable lands to perpetual open space. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Tamara Sadoo, Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 CC: Suffolk County Planning Commission Suffolk County Department of Health Services 11/15/2010 i6:05 631727' PETER S DANOWSK PAGE 01/04 JOHN P. TAGGART, ESQ. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-49OO FAX (631) 727-7451 E-mall: pdanow~l@danowskllaw.eom Jt aggar~danowskllaw,~om y~LECOMMUNICATIONEOVER SHEET _ CHARGEABLE TIME SLIP '~*~. ............ ~M~ C,H~, ~C~- eOD~ ,, , ' ' "' , , REMARKS:~: ~__ ELEC~ONtC TRAI~SMITTA~. THIS TRANSMISSION MAY CONTAIN INFORMATION WHICH IS PRIVILEGED AND CONFIDENTIAL AND SUBJECT TO LEGAL RESTRICTIONS AND PENALTIES REGAROING IT$ OI$CLOSURE OR OTHER USE* YOU AEE PROHIBITED FROM COPYING, DISTRIBUTING OR OTHERWISE USING THIS INFORMATION IF YOU ARE NOT THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, PLEASE NOTIFY US IMMEDIA TEL YAND RETURN THE ORIGINAL TO US BY SECURE MEANS WITHOUT MAKING A CGPY. THANK YOU. 11/16/2010 PETER S DANOWSKi PAGE 02/04 JOHN P. TAQGAR% ESQ, LAW OFFICES PETER S. DANOWSKi, ~IR, 616 ROANOKE AVENUE RIVERHEAD. NY 11901 ~631) 727~4900 FAX (631; 727-7'451 E-Mai(: Ddanowakl~danowsktlaw,vom Jtaggart'~danowakllaw.com September 28, 2010 Southold Town Board 54.375 State Route 25 Southold, NY 11971-0959 Re: Maria and Mid~ael'Demchak - Sale of Development Right.~ to Town of S0uthold and Creation of Opml DeVelopment Area SCTM #1000 - 84 - 01 - 11 and 1000 - 04 ~ 01 - 12.2 Dear Sir or Madam: As ~,our Board knows, the Town is now urlder contract to purchase development rights from the greater portion of the agricultural land with regard to the above identified parcels. After a good deal of discussions with Town.Planning Staff and the office of the Land Preservation, a sketch plan ts being submitted to the Southold Town Planning Board. I am advised that the within Petition should be filed to keep the Town Board apprised of the fact .that once sketch plan approval has been granted, that the Town Board can then promptly act on the Petition to create the open development area. My client would then like to close on the sale of development rights. hopefully before the end of this year, Very truly yours, PETER $, DANOWSKI, IR, PSD:gsg Encl. cc: Maria and Michael Demchak Young & Young 0,% PETER S PAGE 03/04 The undersigned do hereby petition the Southold ToWn Board to establish an open development area as proposed oil I~he enclosed plans prepared by I~he office of YoUngand Young. MAR1A DEMCHAK MICHAEI, Dl~MCHAK 11/1G/2818 16:85 G31727 STATE OF NEWYORK ] ) SS.: COUNTY OF SUFFOLK) PETER PAGE MARIA DEMCHAK alld MICHAEL, DEMCHAK, each being duly sworn, say: We are the Petitiol~ers herein; we have read the foregoing Petition and know the contentS thereof; the same is tl'ue to our own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters we believe it to be tTUe. MARIA DEMCBAK MICHAEL DEMCHAK Sworn to before me this ~_~__ d ay 0f September, 2010 ~Iotary Pubhc DEPARTMENT OF PLANNING Town of Southold Planning Board Office P.O. Box 1179 Southold, N.Y. 11971 Att: Ms. Tamara Sadoo, Planner COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 12, 2010 THOMAS a. ISLES, A.I.C.P DIRECTOR OF PLANNING Re: Michael + Maria Dcmchak Suffolk County Tax Map No.: 1000-84-1-11 + 12.1 Suffolk County Planning File No.: S-SD-10-06 Dear Ms. Sadoo: Pursuant to the requirements of Section A14-24, Article X IV of the Suffolk County Administrative Code, the above referenced subdivision that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: · Prior to final subdivision approval Town conforming legal access should be insured for Proposed Lot 4. · All prospective owners of the residential lots in this subdivision should be informed by means of an advisory covenant and a note on the development map, of the location of the active farmland and that the occupants may be subject to the noise, dust, odors and spraying applications normally associated with agricultural activities. JHC:jc Sincerely, Thomas Isles, AICP Director of Planning Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P, O, BOX 6100 (631) 853-5191 :100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Oregon Road, Cutchogue, NY (SCTM #1000 - 84 - 1 - 11 & 12.1) by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on November 1~', 2010 I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and everyproperty which is across on October 25, 2010 on Oregon Road and on Nov. 8 on Cox Lane Peter S. Danowski, Jr. Yo ~i~n~ri~t)~ '~ 616 Roanoke Ave., ~verhead, Address November 1'~, 2010 NY 11901 Date Notary Public GNL S, GOSS PLEASE RETURN rn,S AFFIDAVIT, CER~'fF[~ MAIL REC-~'IPT'S-~ GREEN RETURN RECEIPT CARDS e',': ,~a~l~gJ],~~~ Re: Proposed Conservation Subdivision of Michael & Maria Demchak SCTM#s: 1000~ 84-1-11 & 12.1 Date of Hearing: Monday, November 15, 2010, 6:02 p.m. L US'E ~ OFFIC ~tituck Gun Club, Inc. o ,: ~, c, ^:L..3 s E ,~ 5.54 o~POeoxNo. 660 Matthews Lane C~AL USE $ 5.54 S"nt~%ter J. Filiberto ~Yr~";C.~.~.' ~67 ....................................................................... o~PO'~xNo. 40 - 54 61St Street ~i~ 14/~/;; 2t't~;:¢ '"".' .............................................................. Woodslde, NY 11377 OFF C~AL USE $5.54 Q?F CIAL USE nj Lq Total Postage & Fees $5.54 ~ ]se~omas Thompson ~cm:~a:~ ....................................................................... mm [orPO~~o. 22845 Route 48 a~i-----rr~' ..................................................................... l ' ~bfchogue, NY 11935 ;5.54 ., OFFICl L USE iS 5.54 item 4 if Resblcted Deilvery is desired. · Print your name and addmso on the reveme so that we can return the card to you.j · Attach this card to the back of thrall]piece, or on the front if space permits."' Thomas Thompson 22845 Route 48 Cutchogue, NY 11935 2. A~ Number 7008 [] Agent ~-15~'~el~ by (P) ~ted Name) . iiv D. ts delivery a~'d~ from If YES, ente~ daliv%ry address below: [] No 3. Se~vk:e Type [] Certified Mall [] Express Mall [] Registered ~ Return Receipt for Merchandise [] Insured Mall [] C.O.D. 0500 0000 9525 6692 · P~ Form 381 1, February 2004 Domestic Return Rece;pt 102595-02-M-1540 · Complete Items 1,2, end 3, ~ complete Item 4 if Restricted Delivery Is desired. · print your name end address on the reveme so that we c,~ tatum the cad to you. Attach this c~ to the back of the mailplece, or on the~fr°~if space permits. Michael and MariaDs~chak 3205 CazncustieCourt Riverhe~ NY 11901 X [] Addressee ~ Certified Mall [] Express Mall Registered ~ Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? ~ Fee) [] Yes 2. A zticloNumberfT;.ensfe?~msendce~7008 0500 0000 9525 6722 PS Form 381 1, Dom~Uc Return R 10259~-02-M-1540 February 2004 __ · Compiste Items 1, 2, end 3~ Nso ~mplate · ~ur ~ ~d~ ~ ~ ~ ~m~ to~. a ~ ~la ~ to ~ ~k of ~ ~lpi~, 1. ~to: 660 ~t~ ~e, ~ 11935 2, ~ Number (r, ar~ from ser~e/a~0 n Ageat [] No [] Registered [] Ream Receipt for Memhendlse [] Insured Mall [] C.O.D. Restricted De{Ive~ (Ex'tm Fee) I-1 yes ~00~:~13 0 9525 6753 7008 po { PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Complete items T, 2, and 3. AJso complete item 4 if Restricted Delivery is desired./ Print your name and address on the ~eme so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addmaeed to: Mattituck Gun Club, Inc. P.O. Box 700 Cutchogue, NY 11935 PS Form 3811, February D. Is delivery address different from item 1 ? If YES, enter delivery address below: [] No 3. Se~ice Type ! ~ Mai [] Express Ma~l [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. I:~,~ffHeted Delivery? (Extra Fee) [] Yes -500 0000 9525 6715 Domestic Return Receipt · Complete Iteer~~ item 4 if Restricted Delivery Is desired. · PHnt your name and address on the reverse SO that we can ,re~*~:~b,'~.~ (,%. :~'~ · Attacl~this card to the back of the maJlpiece;~ or ont~e front if space permits. 1. Ariicle ~ddressed fo: Joseph Kcnchahski Kathleen Messina P.O. Box 606 New Suffolk, NY 11956 2. Article / ~No ~ C~Ufied M~lI [] Ex~ IVl~ll 7008 0500 0000 9525 6746 · Complete Rems 1, 2, and 3. Also complete item 4 if Res'atoted DeliverY IS desired. Print your name and address on the revame so that v~[e can return the card to you. . Attach this card to the back of the mailplece, or on ..th.th..~nt if space permits. I As~cle Addr~ to: : Lieb Vines, LLC 1499 Orego~ Road, B~x 907 Cutchogue, NY 11935 PS Form 3811, February 2004 ~6"0'~00 0000 9525 .6739 Domestic Return Receipt Thomas Thompson 22845 Route 48 Cutchogue, NY 11935 Peter J. Filiberto 40 - 54 61st Street Woodside, NY 11377 Mattituck Gun Club, Inc. P.O. Box 700 Cutchogue, NY 11935 Michael and Maria Demchak 3206 Carnoustie Court Riverhead, NY 11901 Lieb Vines, LLC 1499 Oregon Road, Box 907 Cutchogue, NY 11935 Joseph Konchahski Kathleen Messina P.O. Box 606 New Suffol~ NY 11956 Joseph and Sharon Schoenstein 660 Matthews Lane Cutchogue, NY 11935 SCTM #1000-84-1-25.3 SCTM #1000-83- 2-9.3 SCTM #1000-84-1-24 SCTM #1000-84-1-13 SCTM #1000- 83- 3- 2.2 SCTM #1000-84-1-18 SCTM #1000-84-1-19 DEPARTMENT OF PLANNING S C PLAHING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE Novemberl2,2010 PAGE 82 THOMAS A, ISLES, A,I,C.P DiRFCTOR OF PLANNING Town of South old Planning Board Office P.O. Box 1179 $outhold, N.Y. I 197 l Alt: Ms. Tamara Sadoo, Planner Re: Michael + Maria Demchak Suffolk County. Tax Map No.: 1000-84- I - 11 + ] 2.1 Suffolk Count~ Planning File No.: S-SD-10-06 Dear Ms. Sadoo: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code. the above referenced subdivision that has been re ferrcd to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: , Prior to final subdivision approval Town conforming legal access should be insured for Proposed Lot 4. · All prospective owners of the residential Jots in this subdNriSion should be informed by means of an advisory covenant and a note on the development map, of the location of the active farmland and that the occupants ma)' be subject to the noiso, dust~ odors and spraying applications normally associated with agricultural activities. lHC:jc Sincerely, Thomas Isles. AICP Director of Planning H. Corral Planner LOCATION MAILING ADDRESS H, LEE DENNISON EILDG -4TH FLOOR P, O. BOX 6100 l$31) 853.5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE NY 11788-0099 TELECOPIER (631) 853-4044 631-853 ~44 S C PLANIHG Suffolk County Department of Planning Thomas A. Isles, Director P.O, Box 6'100 Hauppauge, New York ~1788 (63f-853-5~90) Fax: (63~.853-4044) FAX TRANSMISSION COVER SHEET PAGE To: Tamara Fax #: 765-3136 From: John Corral Date: 11/12/2010 Subject: SCPC Decision Letters YOU SHOULD RECEIVE 3 PAGE(S), INCLUDING THIS COl'ER SHEET. IF YOU DO NOT RECEIFE ALL THE PAGES, PLEASE C4LL (631) 853-5190, Message: Dear Tamara, Please find the discussed SuffOlk County Planning Commission decision letters. Hard copies of these letters are being sent in today's mail. Please feel free to contact me if you have any questions. Sincerely, John JOHN P. TAGGART, ESQ. LAW OFFICES PETER $. DANOWSKI, JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-mail: pdanowski@danowskilaw.com jtaggart@danowskilaw.com November 8, 2010 Southold Town Planning Board 54375 State Route 25 Southold, NY 11971-0959 Re: Maria and Michael Demchak to Town of $outhold Location: 14380 Oregon Road and 22867 CR48, Cutchogue, NY Dear Sir or Madam: ,¢ I enclose a~ended plans consistent with the work session discussions recently held by the Planning Board and staff. Mr. Howard Young, who was in attendance, has amended the plan as noted, to pull the building envelope on proposed Lot 1, the improved parcel, outside the area of the frame house and barn. The surveyor's certification notes the set back requirements for this lot pursuant to cluster zoning requirements. I have highlighted the surveyor's paragraph. I understand the Town Board is scheduling a public hearing and should be in a position to adopt the open development area by the end of the month. A December closing on the sale of the development rights is anticipated. If my clients close on the sale of development rights, they may wish to move forward to complete the subdivision process. In the meantime, it is anticipated that the current agricultural user will remain. At the final stage of the subdivision process easement agreements with regard to the irrigation well can be finalized if all parties deem such an agreement necessary. Very truly yours, PETER S. DANOWSKI, IR. PSD:gsg Ends. HAND DELIVERED cc: Maria and Michael Demchak Howard Young RIGHT OF WAY AGREEMENT THIS INDENTURE made this day of November, 2010 by MICHAEL DEMCHAK and MARIA DEMCHAK, residing at 3206 Carnoustie Court, Riverhead, NY 11901, party of the first part; and MICHAEL DEMCHAK and MARIA DEMCHAK, residing at 3206 Carnoustie Court, Riverhead, NY 11901, party of the second part; WHEREAS, the party of the first part are the owners in fee simple, free and clear of all encumbrances, of that certain piece of land in Cutchogue, New York, and more particularly bounded and described on 'SCHEDULE A" annexed hereto; and WHEREAS, the party of the second part is the owner in fee simple, free and clear of all encumbrances, of that certain piece of land in Cutchogue, New York, and more particularly bounded and described on "SCHEDULE B" annexed hereto; and WHEREAS, the two pieces of land are adjoining properties along a portion of their boundary lines; and WHEREAS, for the more convenient enjoyment of their respective pieces of land, the parties have agreed to create a right of way as herein set forth. NOW, THEREFORE, in pursuance of this Agreement, the party of the first part hereby grants and conveys to the party of the second part, his heirs and assigns, as an appurtenance to the piece of land of the second party, but in common, nevertheless, with the owners and occupants of the piece of land of the first party, an easement or right of way over the part of the parcel known as Suffolk County Tax Map No. 0600 - 84 - 1 - 13, as described in "SCHEDULE A" annexed hereto. Said right of way shall provide access to Suffolk County Tax Map Number part off 0600 - 84 - 1 - 12.1 as depicted on "SCHEDULE B" and allow for vehicular and pedestrian traffic and the installation and maintenance of utilities, including but not limited to LIPA, Keyspan, Telco, Cable TV, Suffolk County Water Authority. The party of the second part shall have the right to construct and maintain roadway improvements. MICHAEL DEMCHAK, Party of the First Part MARIA DEMCHAK, Party of the First Part MICHAEL DEMCHAK, Party of the Second Part MARIA DEMCHAK, Party of the Second Part STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss.: On the __ day of November, in the year 2010, before me, the undersigned, personally appeared Michael Demchak and Maria Demchak personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public Michael Demchak & Maria Demchak at Cutchogue, Town of Southold Suffolk County, New York S.C.T.M. No.: 0600-84-1-P/O 13 SCHEDULE A Surveyor's Desc~ription PropoSed Right of Way Cluster Subdivision Map, "Michael Demchak & Maria Demchak" 75/75 Conservation Sketch Plan ALL that certain plot, piece Or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, known and designated as a Proposed Right of Way as shown on Cluster Subdivision Map, "Michael Demchak & Maria Demchak" 75/75 Conservation Sketch Plan last dated November 2, 2010, more particularly bounded and described as follows: BEGINNING at a point marked by a monument found on the northeasterly side of Cox's Lane, where said northeasterly side of Cox's Lane is intersected by the northwesterly line of Subdivision, "Map of Northwoods" Suffolk County File No. 5469: RUNNING thence from said point of beginning North 61 deg. 33 min. 08 sec. Wes.t along the northeasterly side of Cox's Lane 27.78 feet to a point; RUNNING thence North 54 deg. 17 min. 08 sec. East through land of the party of the first part 851.18 feet to Lot 4, Cluster Subdivision Map, "Michael Demchak & Maria Demchak"; RUNNING thence South 60 deg. 35 min. 58 sec. East along Lot 4, Cluster Subdivision Map, "Michael Demchak & Maria Demchak" 27.56 feet to a monument found and Subdivision, "Map of Northwoods"; RUNNING thence South 54 deg. 17 min. 08 sec. West along Subdivision, "Map of Northwoods" 850.67 feet to the monument found at the point or place of Beginning. Michael Demchak & Maria Demchak at Cutchogue, Town of Southold Suffolk County, New York S.C.T.M. No.: 0600-84-1-P/0 12.1 SCHEDULE B Surveyor's Description Lot 4, Cluster Subdivision Map, "Michael Demchak & Maria Demchak" 75/75 Conservation Sketch Plan ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, known and designated as Lot 4, as shown on Cluster Subdivision Map, "Michael Demchak & Maria Demchak" 75/75 Conservation Sketch Plan last dated November 2, 2010, more particularly bounded and described as follows: BEGINNING at a point marked by a monument found on the westerly line of Lot 4, Cluster Subdivision Map, "Michael Demchak & Maria Demchak", where same is intersected by the northwesterly line of Subdivision, "Map of Northwoods" Suffolk County File No. 5469, said point being situate North 54 deg. 17 min. 08 sec. East as measured along the northwesterly line of Subdivision, "Map of Northwoods" 850.67 feet from the monument found on the northeasterly side of Cox's Lane; RUNNING thence from said point of beginning North 60 deg. 35 min. 58 sec. West along land of the party of the first part 450.00 feet more or less to Lot 5, Cluster Subdivision Map, "Michael Demchak & Maria Demchak"; RUNNING thence North 57 deg. 09 min. 59 sec. East through Lot 5, Cluster Subdivision Map, "Michael Demchak & Maria Demchak" 116.00 feet more or less to land now or formerly Robert A. Graeb & Phylis A. Graeb; RUNNING thence along land now or formerly Robert A. Graeb & Phylis A. Graeb, along land now or formerly Thomas Graeb & Diane Graeb and along land now or formerly De Art of Nature LLC the following two (2) courses and distances: South 60 deg. 31 min .21 sec. East 1,127.91 feet, South 62 deg. 25 min. 31 sec. East 0.82 feet to a monument found and land now or formerly Thomas Thompson; Page 2 RUNNING thence South 54 deg. 16 min. 48 sec. West along land now or formerly Thomas Thompson 108.34 feet to land now or formerly Mattituck Gun Club, Inc. RUNNING thence North 60 deg. 50 min. 32 sec. West along land now or formerly Mattituck Gun Club, Inc. and along Subdivision, "Map of Northwoods" 687.38 feet to the monument found at the point or place of Beginning. CONTAINING an area of 2.6274 acres. Page I of 1 Sadoo, Tamara From: Lanza, Heather Sent: Friday, November 05, 2010 1:29 PM To: Bill Cremers (billcre@optonline.net); Don Wiicenski (don@briarcliffsod.com); Joseph Townsend (E-mail); Kenneth Edwards (E-mail); Martin $idor (E-mail) Cc: Sadoo, Tamara; Terry, Mark Subject: Demchak access & ODA Requirement See Section 240-27 C. "Access to the ODA shall be provided by a right of way or easement" The Town Board is not allowed by code to create an ODA without meeting that requirement. The Planning Board must require that Demchaks' file the r.o.w, easement prior to the Town Board ODA approval. This needs to be a condition of our sketch approval. The back lot will not have any legal access if this isn't done. Our code doesn't allow the ODA to be created without legal access. Remember that easements run with the land, not the owner. You can give an easement to yourself, but it is then attached to the land and ail future owners. The easement can state that it is only in effect when the lots of the ODA are created by future Planning Board approval of a t'mal plat that is recorded in the County Clerk's office. Heather Lanza, AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Phone: (631)765-1938 E-mail: heather, lanza~town.southold, ny.us 11/8/2010 PLANNING- BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 3, 2010 Mr. Peter S. Danowski, Jr. Esq. 616 Roanoke Avenue Riverhead, NY 11901 Re: Conservation Subdivision/ODA for Michael and Maria Demchak Located on Oregon Road, Cutchogue, NY 11935 SCTM#: 1000-84-1-11 & 12.1 Zoning District: AC Dear Mr. Danowski: The Southold Town Planning Board has reviewed the above referenced application at their November 1,2010 Work Session. Based upon this review please include the following upon the Sketch Plan previously submitted on September 29, 2010: 1) A table indicating all setbacks for each individual residential lot proposed. Lastly, please submit an access easement to allow for continued access from Cox Lane to Proposed Lot 4. This access agreement is required to establish an ODA. Please submit these items by Wednesday November 10, 2010 for Southold Town Planning Board review prior to the scheduled Southold Town Planning Board Public Headng to be held for this application on November 15, 2010. If you have any questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner Cc: Howard Young SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)- 765- 9015 JAMES A. RICHTER, R.AY ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.RICHTER~TOWN.SOUTHOLD,N Y.US OFFICE OF THE ENGINEER TOWN OF $OUTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Dear Mr. Sidor: Re~ November 1,2010 Michael and Maria Demchak Oregon Road, Cutchogue SCTM #: 1000-84-1- (11 & 12.1) As per a request from your office, I have reviewed the Site Plan, dated 7/20/10 with a revision date of 9/7/10 for the proposed conservation Subdivision referenced above. This site plan has been prepared bythe office of Young & Young, Howard W. Young, L.S. Please consider the following: 1. The site plan, as proposed, appears to meet the minimum requirements of Town Code. All new construction, now or in the future, will require compliance with Town Code Chapter 236 for Storm Water Management. 2. Flag Access proposed for lots 2 & 3 are indicated as 20' wide. To be consistent with Town Highway Specification for lot access, it is recommended that these Flag portions of the lots be a minimum of 25' wide. Minor adjustments can be made to the remaining lot lines to maintain the overall size of each proposed lot. It is also recommended that consideration be given to providing one 25' wide access for both lots to minimize the number of access points along Oregon Road. 3. Future disturbance resulting from construction activities and grading of this site that is not related to farming activities and which will be cumulatively greater than one (1) acre in area will require coverage from New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. At that time, the Developer must submit a Notice of Intent (NOI) and obtain coverage under the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES from the DEC. Coverage under this CONSTRUCTION ACTIVITY Permit #: GP-0-10-001 is required prior to the initiation of any work. Please note, the Town of Southold is a regulated, traditional land use control MS4. Therefore and at that time, the applicant must submit an MS4 SWPPP Plan & Acceptance Form to the Town of Southold for review and approval pdor to submission of the NOI to the DEC. 4. Construction of the access Driveway for lot # 4 will be required to meet the minimum requirements listed in the Town Highway Specifications. If you have any questions regarding this reviewj..0,1ease contact my office. l///James A. Ricl'Iter, R.A. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Martin Sidor, Chair Town of Southold Planning Board From: Mark Terry, Principal Planner ,t~ LWRP Coordinator k'OV - 1 2010 Date: November 1, 2010 Re: Conservation Subdivision Open Development Area for Michael & Maria Demcheck SCTM# 1000-84.-1-11 & 12.1 This review applies to the establishment of the open development areas on the parcels. A separate review will be performed if and when the action is implemented pursuant to § 240-30. Creation of lots. This is a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District as the first step in creating an Open Development Area (ODA). Lot 1= 66,728 s.f., Lot 2=77,348 s.f., Lot 3=60,213 s.f., Lot 4--111,450 s.f. where 44,768 s.f. are clustered subdivision open space & Lot 5--1,161,821 s.f. where the Development Rights will be sold to the Town of Southold. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Tamara Sadoo, Planner Southold Board Work Session - Paae Two - P"-mber 1. 2010 Pr?.ject name: Colony. Pond [ SCTM~: ~[ 1000-52-5-60.3 [...L~.t.!~n.: ................................ on the s/s/o Colony R..?~ad, a~-[-~xi--m-at-e-~7--~--e/-~--Bayvie~w-~Av-~e~n~u~!~n~-~-~t~. Description: This proposal is for a standard subdivision to subdivide a 13.540 acre parcel into five lots where Lot 1 equals 35,567 sq. ft.; Lot 2 equals 336,916 sq. ft., inclusive of a 41,424 sq. ft. building envelope and 295,492 sq. ft. of subdivision open space; Lot 3 equals 30,471 sq. ft.; Lot 4 equals 30,029 sq. ft.; and Lot 5 .e_q_u.~!S_~_, _35~8_s_q.~ ff_:_!._n_!he R - 8_0_ _Z_o_ _n_i_.n_g _ _D.[~_t! !~_. Atta~h~n~S.i ....................... _s_t_a?_R_e po_r~ Project name: Sawicki, Edward- Conservation t SCTM#: I 1000-125-3-4.1 Description: This is a 3-lot proposed 80~60 conservation subdivision as the first step of an Open Development Area (ODA) on a total of 13.0464 acres in the A-C Zoning District. Proposed Lot 1 will total 21,288 sq. ft. (.4887 acres). Proposed Lot 2 i will total 62,401 sq. ft. (1.4325 acres) and Proposed Lot 3 will have a Reserved Area which will total 27,635 sq. ft. (.6344 acres) and a Preserved Area with the Development Rights sold which will total 456,977 sq. ft. (10.4908 acres) in the Status: L~a_i. t..i. ~ g_ ~ _ke_tg_h~A p p,.~rRv_ a_!" ........................................................................................................................................ Action: ................................................ L...R_e.y..!..e._w__~o_ m m~_n.t s fJ'_o.~_r_e_f_e_r.d_n_A_ag_~._n_c!.~: ....................................................................................................... ........................................................ ..S._u__b_dLv. L~?~nZOD_A_ ...................................... i ...................... 1 ............................................................................ Description: This is a proposed 5~lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District as the flint step in creating an Open Development Area ~ (ODA). Lot 1= 66,728 s.f., Lot 2=77,348 s.f., Lot 3=60,213 s.f., Lot 4=111,450 ~ s.f. where 44,768 s.f. are clustered subdivision open space & Lot 5=1,161,821 ......................... [~-? :. ~e[e_~ .h_e__ ~e_v.~!_O P_m_e_n.~....R.!g.h~ ~, ~!_~.!_. b~.~!d_t~t_h~Z~wn_~:_S~Jt_h~!~ ..................... Status: i Awaitin Sketch Approva Act!~n; '..~!~W..~._m_m.~. ~ t.~. f_ro_~ ~re~e_r r_i_n ~_ ~_g ~_n_c!_e._s_: ........................................................................................ For Discussion: · Comprehensive Plan Process 9995 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 4th dayof November1 2010. \ Principal Clerk Sworn to before me this NOTA!'2¥ P~]~L~C-STATE OF NEW YORK ;go. 01-V06105050 Q~:,-"t~I~erj, in SUffolk COunty PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. M~n Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the lSth day of November, 20t0 on the question of the following: 6:00 p.m. Proposed Conservation Subdivision of Edward Sawicki located at 2700 NYS Route 25, Laurel, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-125-3-4.1 6:02 p.m. Proposed Conservation Subdivision of Michael & Maria Demchak located on Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-84-1-11 & 12.1 6:04 p.m. Proposed Standard Subdivision Bayberry Estates located on the w/s/o Laurel Avenue, approximately 150' s/o Yennecott Drive, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-55-6-35 & 36 and 56-1-1 6:06 p.m. Proposed Amended Site Plan for Peconic Bay Winery located at 31320 NYS Route 25, Cutchogue, Town of Southold, Couhty of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-103-1-19.12 Dated: 10/27/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 4, 2010 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Legals [legals@timesreview.com] Sent: Wednesday, October 27, 2010 12:04 PM To: Kalin, Carol Subject: RE: The attachment for 11.4 edition!!I Hi Carol, I have received the notice and we are good to go for the 11/4 issue. Thanks and have a great afternoon! Candice From: Kalin, Carol [mailto:CamI.Kalin@town.southold.ny. us] Sent: Wednesday, October 27, 2010 11:31 AH To: Legals Subject: The attachment for 11.4 ediUoni!! Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol. Kalin~town.southold.ny.us 10/27/2010 Page 1 of 1 Kalin, Carol From: Kalin, Carol Sent: Wednesday, October 27, 2010 11:28 AM To: 'Legals' Subject: Legal Ad for 11/4 edition of Suffolk Times Please print the attached legal ad for the November 15th Planning Board Public Hearings regarding the Sawicki Conservation Subdivision, Demchak Conservation Subdivision, Bayberry Estates Standard Subdivision and the Peconic Bay Winery Site Plan in the November 4th edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765 - 1938 Fax: (631)765-3136 Carol.Kalin~town.southold.ny.us 10/27/2010 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the lSth day of November, 2010 on the question of the following: 6:00 p.m. Proposed Conservation Subdivision of Edward Sawicki located at 2700 NYS Route 25, Laurel, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-125-3-4.1 6:02 p.m. Proposed Conservation Subdivision of Michael & Maria Demchak located on Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-84-1~11 & 12.1 6:04 p.m. Proposed Standard Subdivision Bayberry Estates located on the w/s/o Laurel Avenue, approximately 150' s/o Yennecott Drive, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-55-6-35 & 36 and 56-1-1 6:06 p.m. Proposed Amended Site Plan for Peconic Bay Winery located at 31320 NYS Route 25, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-103-1-19.12 Dated: 10/27/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 27th day of October, 2010 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board~ Southold Town Hall, 53095 Main Road~ Southold, New York 11/15/10 Regular Meetint:l: 6:00 p.m. 6:02 p.m. 6:04 p.m. 6:06 p.m. Public Hearing for the proposed Conservation Subdivision of Edward Sawicki, SCTM#1000-125-3~4.1 Public Hearing for the proposed Conservation Subdivision of Michael & Maria Demchak, SCTM#1000-84-1-11 & 12.1 Public Hearing for the proposed Standard Subdivision Bayberry Estates, SCTM#1000-55-6-35 & 36 and 56-1-1 Public Hearing for the proposed Amended Site Plan for Peconic Bay Winery, SCTM#1000-103-1-19.12 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this c~day of 00~[,j~.,~/', 20, 0. Notary Public MELAN[E DOROSK1 NOTARY PUBLIC, State of New York No. 01D04634870 C Qualified in Suffolk County ommission Expires September 300 PLANNING BOARD MEMBERS MARTIN H. SIDOR Ch~ir WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI October 19, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Peter S. Danowski, Jr., Esq. 616 Roanoke Avenue Riverhead, NY 11901 Re: Set Hearing for Sketch Plan/Open Development Area: Proposed Conservation Subdivision of Michael & Maria Demchak Located on Oregon Road, Cutchogue SCTM#1000~84-1-11 & 12.1 Zoning District: R-80 Dear Mr. Danowski: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 18, 2010: RESOLVED, that the Southold Town Planning Board sets Monday, November 16, 2010 at 6:02 p.m. for a Final Public Headng at the Southold Town Hall regarding the map entitled "Cluster Subdivision Map for Michael Demchak and Maria Demchak", prepared by Howard W. Young, L.S., dated July 20, 2010 and last revised on September 7, 2010. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of PosfinR alonfl with the certifie,~ mailinfl receipts AND the si;ined ;Ireen return receiot cai'ds before 12:00 ..... noon on r,oay., November 12th. The s,fln and the post need to be returned to ~ Planning Board OffiCe after the public hearinfl If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Ve[y truly yours, ,., Martin H. Sidor Chairman Encls. Southold Town Planninfl Board Not!ce to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of $outhold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-84-1-11 & 12.1; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is for a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District as the first step in creating an Open Development Area (ODA). Lot 1=66,728 s.f., Lot 2=77,348 s.f., Lot 3=60,213 s.f., Lot 4=111,450 s.f. where 44,768 s.f. are clustered subdivision open space & Lot 5=1,161,821 s.f. where the Development Rights will be sold to the Town of Southold. The property is located on Oregon Road, Cutchogue; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol. Kalin@town.southold.ny.us; The Planning Board Office will be closed on Tuesday, November 2nd and Thursday, November 11th. That a public hearing will be held on the matter by the Planning Board on Monday, November 15, 2010 at 6:02 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Michael & Maria Demchak Date: 10/21/10 AFFIDAVIT OF POSTING This is to serve notice that I pemonally posted the property known as by placing the Town's official poster notice(a) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon~ Fri., 11/12/10 Re: Proposed Conservation Subdivision of Michael & Maria Demchak SCTM#s: 1000- 84-1-11 & 12.1 Data of Hearing: Monday, November 15, 2010, 6:02 p.m. Town of Southold PC/Codebook for Windows §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public heating this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any pubhc or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area ofth~ subject property, nature of relief or approval involved, and date, time and place of heating. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. MICHAEL & MARIA DEMCHAK eOEMCHAK CONSERVATION SUBDIVISION 1000-84-1-11 & 12.1 Proposal for a 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District as the first step in creating an Open Development Area (ODA). Lot 1-- 66,728 s.f., Lot 2=77,348 s.f., Lot 3=60,213 s.f., Lot 4=111,450 s.f. where 44,768 s.f. are clustered subdivision open space & Lot 5=1,161,821 s.f. where the Development Rights will be sold to the Town of Southold. ~/IONDAY - NOV. 15, 2010 - 6:02 P.M. , .// ~ ~ COUNTY OF SUFFOLK ~ ~-,~ ,,, I~ ...... '~" SOUTHOLD SECT~NO Re~ Property Tax Service A~y ~ ~ 084 Page 1 of I Sadoo, Tamara From: Sadoo, Tamara Sent: Wednesday, October 13, 2010 10:52 AM To: pdanowski@danowskilaw.com Subject: Demchak Good morning Pete, The Planning Department has reviewed the Demchak application and based upon this review the following comments and requests are being made regarding the map: /- 1 ) On the chart which lists the square footage for each of the lots, Lot 5 at 1,161,821 square feet should not be/listed in the "Open Space" column. Instead, it should be listed in it's own column with the heading "Development Rights Sold". 2) The existing frame barn on Lot 1 has the building envelope drawn right through it. The building envelope should be redrawn so that it does not go through the frame bam. T;~ ;. .... _~-~, ~*_'_-'_ _--'::_-_ ~!y ;,_,~;r~ r_,~q~u!m':_ ~z'.:; =,~, 3) The Planning Board will also be reviewing the existence of the creation of three driveways by having two flag lots. The Planning Department is'requesting that the applicant consolidate the driveways so that, if tow lots are created thereby creating only one more ~;urb cut for this ODA on Oregon Road. This consolidated driveway must meet Southold Town Code requirements and therefore must be 25' wide. This consolidated driveway can be created as a common (see Sec. Southold Town Code 240-45). If a common driveway is created it should be labeled as such on the/a~ll map. 4) Once the common driveway has been established a mad and maintenance agreement must be in place for this common driveway if two lots are crea/ed. 5) A notation shall be made upon the map indicating that when and if the lots are created an Easement for the subdivision open space shall be created where the open space shall remain as a woodland area. There also appears to be a lawn encroachment onto Lot 4 and the Open Space area. Please make note of this as well in the easement when created. 6) An access easement from the Demchak's to themselves shall be created now for the proposed right-of-way from Cox lane to proposed Lot 4. This must be in place prior to the granting of an ODA. The setbacks as shown on the map shall be recognized in the resolution granting sketch approval as shown because clustered lots are being created. I called and left a message this morning. This is just a follow-up e-mail so you have the information in front of you. Please call when you have a chance so we can discuss these points and keep this project moving forward. 10/13/2010 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAII.15~G 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: James Richter, Engineering Inspector From: Date: Tamara Sado0~ October 5, 2010 Re: Michael and Maria Demchak Application Name: Tax Map Number: Location: Michael and Maria Demchak 1000- 84.-1-11, 84.-1-12.1 Oregon Road, Cutchogue Type of Application: X __ Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: September 7, 2010) (Dated: ) (Dated: ) Road Proffies (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans Other (AS BUILT) (Dated: ) (Dated: ) Project Description: This proposed conservation subdivision is to create a 75/75 conservation subdivision and subdivide a 33.989-acre parcel into five (5) lots. Lot I will total 66,728 square feet, Lot 2 will total 77,348 square feet, Lot 3 will total 60,213 square feet, Lot 4 will total 114,450 square feet where 44,768 square feet of the total for Lot 4 will be subdivision open space. Lot 5 will total 1,161,821 square feet. The Town of Southold will purchase the Development Rights in for the purpose of farmland preservation on Lot 5. Additional Comments: This conservation will stop at getting sketch approval from the Planning Board. That is the first step they will need to take and approval they will need in order to petition the Town Board to establish an Open Development Area for this project. Thank you for your cooperation. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI 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 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 5, 2010 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention;' John Corral Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed application to the Suffolk County Planning Commission: Map of: Michael and Maria Demchak/Conservation Subdivision Hamlet/Locality: Cutchogue S.C.D.P.W. Topo No.: S.C. Tax Map No.: 1000-84-1-11 & 12.1 Zoning: AC Stand. Sub. MATERIAL SUBMITTED: Subdivision Plat (1) X Topographical Map (1) Conserv. Sub. _X__Site Plan Road Profiles (1) Site Plan (1) __Cluster Lot Line Change.__ Drainage Plan (1).__ Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRASTATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( X ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.l.S. statement enclosed. ( )Yes ( )No ( )N/A 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( )No(X )N/A Comments; This application is being referred to you at the Sketch Approval phase for Conservation Subdivisions as this will be the only approval required by the Town of Southold Planning Board for this project. This project is being submitted to the Town of Southold Planning Board as the first step in creating an Open Development Area (ODA) which only requires sketch approval from the Planning Board in order to move on to the next step of creating an ODA. The next steps/approval in creating an ODA fall to the Southold Town Board. I have attached a copy of the applicable Southold Town Code sections for your reference. If you have any questions, please do not hesitate to contact this office. This proposed conservation subdivision is to create a 75/75 conservation subdivision and subdivide a 33.989-acre parcel into five (5) lots. Lot 1 will total 66,728 square feet, Lot 2 will total 77,348 square feet, Lot 3 will total 60,213 square feet, Lot 4 will total 114,450 square feet where 44,768 square feet of the total for Lot 4 will be subdivision open space. Lot 5 will total 1,161,821 square feet. The Town of Southold will purchase the Development Rights in for the purpose of farmland preservation on Lot 5. We request acknowledgement of receipt of this referral ( X ) Yes ( )No Referral received .2010 by the Suffolk County Planning Commission and assigned File No, Sincerely, Tamara S. Sadoo Planner PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 5, 2010 Mr. Peter S. Danowski, Jr. Esq. 616 Roanoke Avenue Riverhead, NY 11901 Re: Conservation Subdivision/ODA for Michael and Maria Demchak Located on Oregon Road, Cutchogue, NY 11935 SCTM#: 1000-84-1-11 & 12.1 Zoning District: AC Dear Mr. Danowski: The Southold Town Planning Board has reviewed the above referenced app!icat on at their October 4, 2010 Work Session. Based upon this review the Southold Town Planning Board has accepted the above referenced application for formal review. Referrals have been sent out to commenting agencies. Once these comments have been received any changes to be made to the map and the application will be reviewed and discussed at a subsequent work session with the Southold Town Planning Board, yourself and the applicants. If you have any questions, please do not hesitate to contact this office. Sincerely, Tamara Sadoo Planner PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 5, 2010 Mr. Matthew Martin, Secretary 260 New Suffolk Road Cutchogue, NY 11935 Re: Request for review on: Michael and Maria Demchak Conservation Subdivision Dear Mr. Martin: The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This proposed conservation subdivision is to create a 75/75 conservation subdivision and subdivide a 33.989-aere parcel into five (5) lots. Lot 1 will total 66,728 square feet, Lot 2 will total 77,348 square feet, Lot 3 will total 60,213 square feet, Lot 4 will total 114,450 square feet where 44,768 square feet of the total for Lot 4 will be subdivision open space. LOt 5 will total 1,161,821 square feet. The Town of Southold will purchase the Development Rights in for the purpose of farmland preservation on Lot 5. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Tamara Sadoo Planner Encls.: Subdivision Application Subdivision Plat PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 F~x: 631 765-3136 To: From: Date: Re: Mark Terry, LWRP Coordinator Tamara Sadoo October 5, 2010 Proposed Conservation Subdivision for Michael and Maria Demchak SCTM: 1000-84-1-11 & The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. Description This proposed conservation subdivision is to create a 75/75 conservation subdivision and subdivide a 33.989-acre parcel into five (5) lots. Lot 1 will total 66,728 square feet, Lot 2 will total 77,348 square feet, Lot 3 will total 60,213 square feet, Lot 4 will total 114,450 square feet where 44,768 square feet of the total for Lot 4 will be subdivision open space. Lot 5 will total 1,161,821 square feet. The Town of Southold will purchase the Development Rights in for the purpose of farmland preservation on Lot 5. Thank you for your cooperation. Tamara Sadoo Planner SouthoId Town Plannin,~oard Work Sessi,on- Pa,qe TwO -~tober 4, 2010 :ocation: 14 ~_8..0__.0 reg~._n._~.o...~_d_,..._C_u t_c_ _h..0..g_u_e_ ................................................................................. ':'~:~t_'!~'_~i-_ ::_-._:':::':":'-_":.~p_ ~o.se_d_. 5 lot_ .7._5_~5 ._C~o n se _n/_at_i_o ~_S_u~ :_/_O_ D_ .A__ ....................................... i _~.!...a_~..s_.' ............................. _Qpen Action: Acc_ept for forma review For Discussion: Review draft comments on three local laws, JOHN R TAGGART, ESQ. LAW OFFICES PEteR S. DANOWSKI, dR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-mail: pdanowski@danowskilaw.com jtaggart@danowskilaw.com September 28, 2010 Southold Town Planning Board 54375 State Route 25 Southold, NY 11971-0959 Re: Maria and Michael Demchak to Town of Southold Location: 14380 Oregon Road and 22867 CR 48, Cutchogue, NY _ Dear Chairman Sidor and Members of the Board: l0 I hand deliver a formal sketch plan application with attendant documents as required by the Town. After much discussion with my clients, the Town has executed a contract to purchase development rights from a majority of my clients' property. After further discussions with the office of Land Preservation, specifically, Melissa Spiro, and discussions with Mark Terry and Tamara Sadoo of the Town's Planning Staff, a sketch plan was prepared. It is my understanding that your Board has previously discussed this matter with Planning Staff. A good deal of time was spent in advance of this submission to make sure that the plan would meet all Town requirements, including cluster zoning provisions. Note that in addition to the agricultural lot, an open space area has been shown on one of the proposed lots. An existing residence already exists on the area of one of the lots being proposed. Another proposed lot will be for agricultural purposes only and be the area from which the Town will purchase development rights. No residential housing will be allowed on this lot to be created. As a result, only three new residences are being proposed on the three other lots as depicted. Pursuant to the executed contract with the Town to purchase development rights, my client is petitioning the Towrr-Board~create a~pen development area. SEP 2 9 2010 Southold Town Planning Board Page 2 September 28, 2010 For information purposes, I am advised that there are no drainage issues on site, as this is a fairly level piece of farmland and the existing home and improvements have caused no drainage issues. Also, I enclose correspondence to and from the Suffolk County Water Authority, establishing that public water is available. Note that my clients owned an adjacent parcel that is not the subject of this subdivision application. Development rights from a maiority, but not all, of that property were sold to the Town. A 25 foot strip of land was reserved with development rights in tact. This area provides a means of access to (;ox Lane and will provide an area for public water utility installation in the future. Very truly yours, PETER S. DANOWSKI, IR. PSD:gsg Encls. HAND DELIVERED cc: Michael and Maria Demchak Young & Young JOHN P. TAGGART, ESQ. LAW OFFICES PETER S. DANOWSKI, ~R. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E-Mail: pdanowski@danowskilaw.com jt aggart @dal3owskilaw.com September 28, 2010 Southold Town Board 54375 State Route 25 Southold, NY 11971-0959 Re: l~laria and I~lichael'Demchak - Sale of Development Rights to Town of Southold and Creation of Open Development Area SCTM#1000-84- 01- ll and1000 - 84- 01-12.2 Dear Sir or Madam: As your Board knows, the Town is nov~ under contract to purchase development rights from the greater portion Of the agricultural land with regard to the above identified parcels. After a good deal of discussions with Town Planning Staff and the office of the Land Preservation, a sketch plan is being submitted to the Southold Town Planning Board. I am advised that the within Petition should be filed to keep the Town Board apprised of the fact that once sketch plan approval has been granted, that the Town Board can then promptly act on the Petition to create the open development area. My client would then like to close on the sale of development rights, hopefully before the end of this year. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encl. cc: Maria and Michael Demchak Young & Young Sadoo, Tamara Page 1 of 1 From: Sadoo, Tamara Sent: Tuesday, September 14, 2010 3:07 PM To: pdanowski@danowskilaw.com Subject: Demchak ODA Good afternoon Pete, The Planning board reviewed the concept plan submitted by Michael and Maria Demchak to establish an Open Development Ama (ODA). All looked good to them in terms of layoutJdesign, lot size etc. as well as the creation of an ODA. Please submit an application for an ODA ASAP so we can try to keep to an expedited schedule and have this finished by the end of the calendar year, if not sooner. Thank you, Tamara Sadoo 9/14/2010 Page 1 of I Sadoo, Tamara From: Sent: To: Cc: Sadoo, Tamara Monday, September 13, 2010 11:33 AM 'Howard Young' admin; pdanowski@danowskilaw.com; Doris Connolly Subject: RE: [New Sender - ] - Cluster Subdivision Michael Demchak & Maria Demchak 75/75 Conservation Sketch Plan - Message is from an unknown sender Good morning - Mark and I have reviewed the PDFs. They look good. The pre-submission/concept plan (everything discussed thus far) will be brought to tonight's Planning Board work session for review. I will recommend formally accepting the application (you will then have to apply asap for an ODA if that is the route you would like to go). Hold off on any map printing just in case the PB would like to see anything more and/or different on the map. Thank you. Tamara From: Howard Young [mailto:danrufus@youngengineering.com] Sent: Wednesday, September 08, 2010 3:14 PM To: Sadoo, Tamara Cc: admin; pdanowski@danowskilaw.com; Doris Connolly Subject: [New Sender - ] - Cluster Subdivision Michael Demchak & Maria Demchak 75/75 Conservation Sketch Plan - Message is from an unknown sender Dear Tamara: Please find attached "pdt" drawings amended September 7, 2010 pursuant to yesterday's meeting. The map has been amended to: 2. 3. 4. 5. 6. Correct the zoning use district to A-C Solid the lines of the proposed right of way to Lot #4 Show an open space area at the southerly end of Lot #4 Remove certain notations required by the SCDHS Add the required Town Board certification Indicate a tabulation of"certain areas", which tabulation indicates that 44,768 sq. ft. of open space is required Please call or email me as soon as you have the opportunity to review this project. Very truly yours, Howie 9/14/2010 Southold Town Plannin~oard Work Session - Pa.qe Two - Se~mber 13, 2010 i.. !~o. catip~.; ~ ~_9..~_~ _6..0. ~..~ ~ .r t._o._n_~.~ _L_ .a___n..e_.~_.S_ .o.._u_t h.o_l..d_ ................................. Description: This proposed lot line change will transfer 3.3 acres from SCTIVI~1000- 54-7-21.1 to SCTM#1000-54-7-21.2. SCTM#1000-54-7-21.1 will decrease in size from 34.1678 acres to 30.8678 acres. SCTM#1000-54- 7-21.2 will increase in size from 1.0032 acres to 4.3032 acres. i Status: Open - IIIII ,,-_IIIIIIII Location: Paradise Point Road, Southold Description: This revised proposal is to transfer 48,211 sq. ft. from Lot I which totals 135,332 sq. ft. (SCTM#1000-81-3-25.1) to Lot 2 which totals 94,446 sq. ft. (SCTM~1000-81-3-26). As a result of this transfer, Lot 1 would be reduced in over-all area to 87,120 sq. ft. and Lot 2 would increase in ~e_~!!... _a£~_a.~t~ J~2_,~..5.~..~_q.~. ft_.J_.n_~_~__R_:.8_._0..._Zo ~j_n~P ist~ricj_; Status: !Open Project name: ~L Demchak, Michael I SCTM#: ~ 000-84-1-11 & 12.1 j Location: 14380 Oregon Road Cutcho(~ue i Status: For Discussion: *:o Bayberry/LIPA Up-date JOHN P. TAGGART, ESQ. LAW OFFICES PETER $. DANOWSKI, ~JR. 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (631) 727-7451 E~mail: pdanowski@danowskilaw.com jtaggart@danowskilaw.com August 2, 2010 Southold Town Planning Dept. 54375 State Route 25 Southold, NY 11971-0959 Re: Maria and Michael Demchak to Town of Southold Location: 14380 Oregon Road and 22867 CR 48, Cutchogue, NY To Whom it May Concern: I have hand delivered a print of the Subdivision Map for Michael Demchak & Maria Demchak and the ERSAP Plan. The Town is under contract to purchase my clients' development rights. I would like the Planning Department and Melissa Spiro to review these maps as promptly as possible so that the owners may conclude the closing process with the Town. Should no further changes be required, additional copies of the maps will be delivered to the Planning Board. Very truly yours, PETER S. D^NOWSKI, IR. PSD:gsg Encls. cc: Michael and Maria Demchak Melissa Spiro Project Status Report for Conservation Subdivisions Sketch Annlication Dates Pre-Submission Conference Sketch Application Received Application Fees Paid ERSAP Submitted Yield Plan Submitted Concept Desiqn Determined Fire Department Comments SEQRA Coordination Landscape Plan Soil Conservation Plan SEQRA Determination SC Plannin,q Commission Referral SC Planninq Commission Comments Fire Department Referral / ~/,.~"//F) Fire Department Comments Sketch Plan Submission Conditional Sketch Approval Sketch Approval Final Plat Annlication Dates (6 months after Preliminary Plat Approval) Final Application Received Application Fees Paid Mylars Received (5) Paper Pdnts Received (8) Final Road and Drainaqe Plans Performance Guarantee Received Performance Guarantee to Town Board Final Covenants and Restrictions Final Homeowner's A,qreement Final Road Maintenance A,qreement Affordable Housinq Fee Paid Administrative Fee Paid NYSDEC Wetlands Permit Received NYSDOT/DPW Permit Received Trustee Permit Received Final Headnq Set Final Headn,q Held/Closed Filed Leqal Documents Conditional Final Approval Final Approval Park and Play,qround Fee Pa d Conservation Aqreement Final Map RoutinR: Tax Assessors Building Depadment Land Presawation Highway Depadment Additional Notes: Map Endorsed by Chair LWRP Consistency Review Town of Southold Planning Department Staff Report Subdivisions Prepared by: T. Sadoo 10-26-10 I. Application Information Proiect Title: Conservation Subdivision of Michael Demchak establishin,q an Open Development Area (ODA). Map Prepared By: Howard YounR, Land Surveyor Date of Map: July 20, 2010 Date of Submission: none- pre-submission meetin,q 9-7-10 Applicant: Michael Demchak Tax Map Number: 1000-84-1-11 & 12.1 Proiect Location: OreRon Road Hamlet: CutchoRue Zoning District: R-80 II. Description of Project Tvoe of Application: Subdivision Type of Subdivision: Conservation Subdivision 75/75 Acreage of Project Site: 33.9890 acres Yield Map or Calculation: 18 Number of Lots Proposed: Four developed, fifth preserved Acres of Open Space/Reserved Area: 26.6717 acres developments ri,qhts to be sold to Town of Southold Percentage of Open Space/Reserved Area (see attached calculation): 75+% Type of Access Provided: Access for the proposed lots will be off of Ore.qon Road and off of Cox Lane Length of Access: various III. Site Analysis SEQR Type of Action: Unlisted Present Land Uae: residential/a.qricultural Existing Structures: 2 story frame house, frame barn, frame ,qara,qe Existing Permits, Approvals~ CO's, etc: unknown Was Property Previously Subdivided: No If Yes~ Date of Approval: NA Existing Easements or Restrictions: Proposed sale of development ri.qhts to Town of Southold Soil Type: see ERSAP Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vefletetion: a,qricultural land Significant Trees on Site: No Percentage of Slopes: 0-10% of slopes 15% or ,qreater (off Aldrich Land) Name of Abutting Water Body: NA Critical Environmental Area: No Type of Wetlands on or Adiacent to Site: None Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: Distance to Public Water: Oregon Road Source of Water Supply: Public water Number of Access Points: 4 Historical or Archaeological Significance: IV: Permits and/or Review Required From Other Agencies This project only requires sketch approval. A referral will be sent to the LWRP coordinator, Suffolk County Planning and Town of Southold Engineer. No permit is required from Suffolk County Dept. of Health services as no lots are being created now. V: Project Analysis · This proposal is for a 75/75 conservation subdivision on 33.989 acres with 5 lots · 25.49 acres would be preserved to meet the 75% conservation requirement · 8.49 acres are left to develop · The total yield for the parcel is 18.5 lots · A 75% reduction of the lot yield leaves 4.6 lots available to develop, rounded down to 4 lots - which is what the applicant is proposing · Lots 1,2 3 are clustered and clustered Lot 4 exceeds the 2 acre zoning. VI: Overview/Timeline/Recommendations Proposed/Tentative Timeline: · September 7, 2010: Initial Scoping Review of Conservation Subdivision proposed plan · September 13, 2010: Planning Board concept review-provide any comments · October 4, 2010 - Accept application for formal review and send out referrals to the following: o LWRP o SEQRA on behalf of Town Board (TB will be lead agency, therefore coordinated unlisted action with TB and PB) o Town of Southold Engineer: Jamie Richter o SCPC - on behalf of Town Board · October 18, 2010: Set Planning Board Public Hearing for November 15, 2010 · (A public hearing is required for an ODA by the Planning Board pursuant to §240-13(B): A public hearing pursuant to Chapter 55, Notice of Public Hearings, of this Code shall be held for sketch plat approval of an open development area subdivision.) · November 4, 2010: Planning Staff to TB to review proposed ODA · November 15, 2010: Hold Public Hearing, Close Public Hearing · November 15, 2010: Grant Sketch Approval for Conservation Subdivision · Town Board Public Hearing - need dates. · TB- Hold Public Hearing. Referring Agency Comments: · Cutchogue Fire District: No issues with fire access for this proposed subdivision. Roads need to support a min. of 75,000lbs. · Southold Town Engineering Inspector: · $CPC: Local jurisdiction · LWRP: MaD chanae recommendations: · The Planning Board should consider requiring there to be only one shared access to proposed Lots 2 and 3. This shared access should run along the south side of the property off Oregon Road where an existing earth roadway already exists. · The shared access shall meet Southold Town Code Highway Specifications requirements and be 25' wide (See §161-15 (A) and shall be reflected upon the subdivision map as a "common driveway" with all applicable requirements (See {}240-45 (C)). · A "T" turn around shall be shown upon the map at the proposed property line between proposed Lots 2 and 3. (See examples from Ghassemi and Adipietro subdivisions attached) · All applicable changes to Lot area calculations and subdivision open space shall be made due to the access reconfiguration mentioned above and reflected both upon the map in the individual lots and upon the existing chart shown upon the map. 3 · As previously discussed, please also change the chart to have Lot 5 listed under it's own column entitled "Proposed Sale of Development Rights to the Town of $outhold" · Applicant shall submit an access easement to the Planning Board prior to Sketch Approval to allow for continues access from Cox Lane to Proposed Lot 4. This access agreement is required to establish an ODA. Notes: · The creation of the Open Development Area is an action taken by Town Board, NOT the Planning Board. · At the time of creation of the ODA the Planning Board need only take the requisite steps to grant sketch approval. · Advise applicant to remove diagram of proposed greenhouses on the ODA. Only show proposed lots for PB review. Land Preservation has not restricted greenhouses therefore Planning Board should allow for greenhouses as well. · Advise applicant of required map scale, etc. · The Planning Board will conduct the SEQRA review on behalf of the Town Board even though the Town Board will be lead agency. · The petition to create the ODA will go directly from the applicant to the Town Board · The easement for the preserved area will be drafted by land preservation 4 Town of Southold Planning Department Staff Report Subdivisions I. Application Information Project Title: Conservation Subdivision of Michael Demchak establishin,q an Open Development Area {ODA). Map Prepared By: Howard ¥oun.q, Land Surveyor Date of Map: July 20, 2010 Date of Submission: none- pre-submission meetin.q 9-7-10 Applicant: Michael Demchak Tax Map Number: 1000-84-1-11 & 12.1 Project Location: Oref:lon Road Hamlet: Cutcho,que Zoning District: R-80 II. Description of Project Tv~e of Application: Subdivision Type of Subdivision: Conservation Subdivision 75/75 Acreage of Project Site: 33.9890 acres Yield Map or Calculation: 18 Number of Lots Proposed: Four developed, f'Rh preserved Acres of Open Space/Reserved Area: 26.6717 acres developments ri.qhts to be sold to Town of Southold Percentage of Open Space/Reserved Area (see attached calculation): 75+% Type of Access Provided: Access for the proposed lots will be off of Ore,qon Road and off of Cox Lane Length of Access: various III. Site Analysis SEQR Type of Action: Unlisted Present Land Use: residential/a.qricultural Existing Structures: 2 story frame house, frame barn, frame .qara.qe Existing Permits, Approvals, CO's, etc: unknown Was Property Previously Subdivided: No If Yes, Date of Approval: NA Existing Easements or Restrictions: Proposed sale of development ri.qhts to Town of Southold Soil Type: see ERSAP Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: a.qricultural land Significant Trees on Site: No Percentage of Slopes: 0-10% of slopes 15% or greater (off Aldrich Land) Name of Abutting Water Body: NA Critical Environmental Area: No Type of Wetlands on or Adiacent to Site: None Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: Distance to Public Water: Ore,qon Road Source of Water Supply: Public water Number of Access Points: 4 Historical or Archaeological Significance: IV: Permits and/or Review Required From Other Agencies This project only requires sketch approval. A referral will be sent to the LWRP coordinator, Suffolk County Planning and Town of Southold Engineer. No permit is required from Suffolk County Dept. of Health services as no lots are being created now. V: Project Analysis This proposal is for a 75/75 conservation subdivision on 33.989 acres with 5 lots 25.49 acres would be preserved to meet the 75% conservation requirement 8.49 acres are left to develop The total yield for the parcel is 18.5 lots A 75% reduction of the lot yield leaves 4.6 lots available to develop, rounded down to 4 lots - which is what the applicant is proposing Lots 1,2 3 are clustered and Lot 4 exceeds the 2 acre zoning. Map changes to be made: o Change dotted line to solid line along ROW from Cok Lane to proposed Lot 4. o Clarify road width within ROW from Cox Line. Consider shifting road within right-of-way as far over from adjacent residential lots as possible. o Is Subdivision Open space within Lot 4? If so, please show subdivision open space within Lot 4 and amount of subdivision open. space. o Deduct flag square footage from Lots 2 and 3 to calculate correct buildable land on lot and subdivision open space from each lot. o Change map title to state "Clustered 75/75 Conservation Subdivision for Michael Sawicki" 2 VI: Overview/Timeline/Recommendations A) Open Development Area Overview: § 240-26 Establishment. A. An applicant who has received sketch plat approval for a conservation subdivision pursuant to this chapter may apply to the Town Board for establishment of an open development area (ODA) pursuant to § 280-a(4) of the New York State Town Law. B. The Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by right-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the open development area. C. This provision supersedes and amends New York State Town Law § 265- a insofar as that section places a limited exemption on the time within which an adoption, change or amendment to the zoning regulations shall be applicable to a filed plat. § 240-27 General requirements. An open development area must meet the following general criteria: A. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R-40 Zoning Districts. B. It shall provide for the perpetual preservation of a minimum of 75% of the buildable land on the parcel. C. Access to the ODA shall be provided by a right-of-way or easement. D. The area where the proposed lots will be located shall be in accordance with that shown on the approved sketch plat. § 240-28 Submission requirements. The applicant shall submit the following items to the Town Clerk's Office: A. A completed petition to establish an open development area; B. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; and including all information required in Article ¥, Sketch Plat Review, and the size and notation requirements set forth in Article VII, Final Plat Review, of this chapter. C. An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board. 3 § 240-29 Procedure. A. Upon receipt of the items required under § 240-28, the Town Clerk shall refer the petition to the Planning Board for its review and specific recommendations within 14 days of receipt of referral. B. The Town Board shall provide notice pursuant to Chapter 55, Notice of Public Hearings, of the Town Code and shall hold a public hearing. C. The Town Board shall c~mply with the requirements of SEQRA. D. Following receipt of the Planning Board's recommendation and the public hearing, the Town Board may establish an open development area consisting of a certain number of acres within a specified portion of the proposed conservation subdivision. The Town Board may incorporate such further conditions and limitations as may be prescribed by the Planning Board by general or special rule. Such approval shall be by resolution. E. The approved map shall be signed by the Town Supervisor within 10 days of the adoption of the approving resolution. F. The following filing procedures shall be implemented for an approved ODA: (1) The Mylar maps shall be filed by the applicant with the County Clerk's Office as a miscellaneous map within 62 days of the date of approval. (2) Three paper copies shall be filed with the Town Clerk's Office, of which one copy will be returned to the applicant and one copy shall be sent to the Planning Board office for its records. (3) Failure to file the approved map within 62 days of the date of approval shall result in an expiration of such approval. § 240-30 Creation of lots. A. In order to create any lot(s) within a filed ODA subdivision, the property owner shall submit the following items to the Planning Board office: (1) Petition to implement the ODA. (2) Twelve paper copies of the ODA showing the location and dimensions of the proposed lot(s), in accordance with the approved ODA map. (3) Five paper copies of preliminary road and drainage plans. (4) Fee. B. Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to the Town Engineering Office for an estimate of the required improvements. C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said estimate. 4 D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act (SEQRA). E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code. F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office of the County Clerk, the Town Clerk and the Planning Board office within 62 days after approval. Proposed/Tentative Timeline: · September 7, 2010: Initial Scoping Review of Conservation Subdivision proposed plan · September 13, 2010: Planning Board concept review-provide any comments · October 4, 2010 - Accept application for formal review and send out referrals to the following: o LWRP o SEQRA on behalf of Town Board (TB will be lead agency, therefore coordinated unlisted action with TB and PB) o Town of Southold Engineer: Jamie Richter o SCPC - on behalf of Town Board · October 18, 2010: Set Planning Board Public Headng for November 15, 2010 · (A public hearing is required for an ODA by the Planning Board pursuant to §240-13(B): A public hearing pursuant to Chapter 55, Notice of Public Hearings, of this Code shall be held for sketch plat approval of an open development area subdivision.) · November 15, 2010: Hold Public Headng, Close Public Headng · November 15, 2010: Grant Sketch Approval for Conservation Subdivision · Town Board Public Headng - need dates. · TB- Hold Public Headng. Notes: · The creation of the Open Development Area is an action taken by Town Board, NOT the Planning Board. · At the time of creation of the ODA the Planning Board need only take the requisite steps to grant sketch approval. · Advise applicant to remove diagram of proposed greenhouses on the ODA. Only show proposed lots for PB review. Land Preservation has not restricted greenhouses therefore Planning Board should allow for greenhouses as well. · Advise applicant of required map scale, etc. · The Planning Board will conduct the SEQRA review on behalf of the Town Board even though the Town Board will be lead agency. · The petition to create the ODA will go directly from the applicant to the Town Board · The easement for the preserved area will be drafted by land preservation Town of Southold Planning Department Staff Report Subdivisions I. Application Information Project Title: Conservation Subdivision of Michael Demchak es. tablishinq an Open' Devei0Pment Area (ODA). .M.n~ Prepared By: H~ward Youn.q, Land Surveyor ~;ie of Map: July 20, 2010 Date of Submission: none- pre-submission meetin,q 9-7-10 Applicant: 'Michael Demchak Tax Map Number: 1000-84-1-11 & 12.1 Project Lo~ation: Ore.qon Road Hamlet: Cutcho.que Zoning District: R-80 II. Description of Project Type of Application: Subdivision Type o/f Subdivision: Conservation Subdivision 75/75 AcreaRe Of Project Site: 33.9890 acres Yield Map or Calculation: 18 Number of Lo~__~ Proposed: Four developed, fifth preserved Acres of Open Space/Reserved Area: 26.6717 acres developments ri.qhts to be sold to Town of Southold Percentage of Open Space/Reserved Area (see attached calculation): 75+% Type of Access Provided: Access for the proposed lots will be off of Ore,qon Road and off of Cox Lane Length of Access: various IlL Site Analysis SEQR Type of Action: Unlisted Present Land Use: residential/a.qricultural Existing Structures: 2 story frame house, frame barn, frame .qara.qe Existing ,Permits, Approvals, CO's, etc: unknown Was Property Previously Subdivided: No If Yes, Date of Approval: NA Existing'Easements or Restrictions: Proposed sale of development ri.qhts to Town of Southold Soil Type: see ERSAP Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: a,qricultural land Significant Trees on Site: No Percenta?e of Slopes: 0-10% of slopes 15% or .qreater (off Alddch Land) Name of Abutting Water Body: NA Critical Environmental Area: No Type of Wetlands on or Adjacent to Site: None Are Ther*~ Trails on Site: No Name of Trail: N/A Depth to Water Table: Distance to Public Water: Oreqon Road Source of Water Supply: Public water Number of Access Points: 4 Historical or Archaeolo;licai Significance: IV: Permits and/or Review Required From Other Agencies This project only requires sketch approval. A referral will be sent to the LWRP coordinator, Suffolk County Planning and Town of Southold Engineer. No permit is required from Suffolk County Dept. of Health services as no lots are being created now. V: Project Analysis This proposal is for a 75/75 conservation subdivision on 33.989 acres with 5 lots 25.49 acres would be preserved to meet the 75% conservation requirement 8.49 acres are left to develop The total yield for the parcel is 18.5 lots A 75% reduction of the lot yield leaves 4.6 lots available to develop, rounded down to 4 lots - which is what the applicant is proposing Lots 1,2 3 are clustered and Lot 4 exceeds the 2 acre zoning. Map changes to be made: o Change dotted line to solid line along ROW from (;ok Lane to proposed Lot 4. o Clarify road width within ROW from (;ox Line. Consider shifting road within right-of-way as far over from adjacent residential lots as possible. o Is Subdivision Open space within Lot 4? If so, please show subdivision open space within Lot 4 and amount of subdivision open space. o Deduct flag square footage from Lots 2 and 3 to calculate correct buildable land on lot and subdivision open space from each lot. o Change map title to state "(;lustered 75/75 Conservation Subdivision for Michael Sawickr' VI: Overview/Timeline/Recommendations A) Open Development Area Overview: § 240-26 Establishment: A. An applicant who has received sketch plat approval for a conservation subdivision pursuant to this chapter may apply to the Town Board for establishment of an open development area (ODA) pursuant to § 280-a(4) of the New York State Town Law. B. The Town Board may grant the applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by fight-of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the open development area. C. This provision supersedes and amends New York State Town Law § 265- a insofar as that section places a limited exemption on the time within which an adoption, change or amendment to the zoning regulations shall be applicable to a filed plat. § 240-27 General requirements. An open development area must meet the following general criteria: A. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R-40 Zoning Districts. B. It shall provide for the perpetual preservation of a minimum of 75% of the buildable land on the parcel. C. Access to the ODA shall be prov. ided by a fight-of-way or easement. D; The area where the proposed lots w~ll be located shall be in accordance w,th that shown on the approved sketch plat. § 240-28 Submission requirements. The applicant shall submit the following items to the Town Clerk's Office: A. A completed petition to establish an open development area; B. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; and including all information required in Article V, Sketch Plat Review, and the size and notation requirements set forth in Article VII, Final Plat Review, of this chapter. C. An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another govemmental entity, or a private conservation corporation or land trust as approved by the Town Board. 3 § 240-~ Procedure. . · Upon receipt of the items required under § 240-28, the Town Clerk shall refer the petition to the Planning Board for its review and specific recommendations within 14 days of receipt of referral. B. The Town Board shall provide notice pursuant to Chapter 55, Notice of Public Hearings, of the Town Code and shall hold a public hearing. C. The Town Board shall comply with the requirements of SEQRA. D. Following receipt of the Planning Board's recommendation and the public hearing, the Town Board may establish an open development area consisting of a certain number of acres within a specified portion of the proposed conservation subdivision. The Town Board may incorporate such further conditions and limitations as may be prescribed by the Planning Board by general or special rule. Such approval shall be by resolution. E. The approved map shall be signed by the Town Supervisor within 10 days of the adoption of the approving resolution. F. The following filing procedures shall be implemented for an approved ODA: (1) The Mylar maps shall be filed by the applicant with the County Clerk's Office as a miscellaneous map within 62 days of the date of approval. (2) Three paper copies shall be filed with the Town Clerk's Office, of which one copy will be returned to the applicant and one copy shall be sent to the Planning Board office for its records. (3) Failure to file the approved map within 62 days of the date of approval shall result in an expiration of such approval. § 240-30 Creation of lots. A. In order to create any lot(s) within a filed ODA subdivision, the property owner shall submit the following items to the Planning Board office: (1) Petition to implement the ODA. (2) Twelve paper copies of the ODA showing the location and dimensions of the proposed lot(s), in accordance with the approved ODA map. (3) Five paper copies of preliminary road and drainage plans. (4) Fee. B. Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to the Town Engineering Office for an estimate of the required improvements. C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said estimate. 4 D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act (SEQRA). E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings, of the Town Code. F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office of the County Clerk, the Town Clerk and the Planning Board office within 62 days after approval. Proposed/Tentative Timeline: · September 7, 2010: Initial Scoping Review of Conservation Subdivision proposed plan · September 13, 2010: Planning Board concept review-provide any comments · XXX- Accept application for formal review and send out referrals to the following: o LWRP o SEQRA on behalf of Town Board (TB will be lead agency, therefore coordinated unlisted action with TB and PB) o Town of Southold Engineer: Jamie Richter o SCPC- on behalf of Town Board · October 18, 2010: Set Planning Board Public Hearing for November 15, 2010 · (A public hearing is required for an ODA by the Planning Board pursuant to §240-13(B): A public hearing pursuant to Chapter 55, Notice of Public Hearings, of this Code shall be held for sketch plat approval of an open development area subdivision.) · November 15, 2010: Hold Public Hearing, Close Public Headng · November 15, 2010: Grant Sketch Approval for Conservation Subdivision · Town Board Public Hearing - need dates. · TB- Hold Public Headng. Notes: · The creation of the Open Development Araa is an action taken by Town Board, NOT the Planning Board. · At the time of creation of the ODA the Planning Board need only take the raquisite steps to grant sketch approval. · Advise applicant to ramove diagram of proposed graenhouses on the ODA. Only show proposed lots for PB review. Land Preservation has not restricted greenhouses therefore Planning Board should allow for greenhouses as well. · Advise applicant of required map scale, etc. The Planning Board will conduct the SEQRA review on behalf of the Town Board even though the Town Board will be lead agency. · The petition to create the ODA will go directly from the applicant to the Town Board · The easement for the preserved area will be drafted by land preservation SOUTHOLD PLANNING DEPARTMENT Subdivision Application Form - Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCIt APPROVAL for the subdivision described herein. 1. Name of Subdivision 2. Suffolk County Tax Map # 3. Type of Subdivision 4. Hamlet 5. Street Address/ Project Location 6. Acreage of Site 7. Proposed Yield 8. Number &Lots Proposed 9. Zoning District 10. Date of Submission Michael Demchak & Maria Demchak 1000-84-1-11 & 12.1 Standard [ ] Conservation IX] Cutchoque Oregon Road 33.9890 acres 18 5 A-C September 23, 2010 11. Applicant: Please provide the names, addresses and phone numbers for the following people: Michael & Maria Demchak .~ ' ~ ~ 3206 Carnoustie Court Riverhead, New York 11901 $~6-527-1409 SEP 2 9 2010 Sketch Plan,4pplication Form Agent: Peter S. Danowski, Jr., Esq. 616 Roanoke Ave. Riverheadt NY 11901 Property Owner(s): Same as applicant Surveyor: Attorney: Howard W. Young, L.S. Younq & Younq 400 Ostrander Avenue Riverhead, New York 11901 631-727-2303 Thomas C. Wolpert, P.E. Young & Young 400 Ostrander Avenue Riverhead, New York 11901 631-727-2303 Peter S. Danowski, Jr.t Esq. 616 Roanoke Avenue ~ixr$rh~ad, Nmw York llqO] 631-727-4900 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. No 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. Yes - September 7, 2010 14. Does the parcel(s) meet the Lot Recognition standard in Town Code {}280-9 Lot Recognition? Yes X . No . If"yes", explain how. Plus proposed lots to be approved by Planning Board. 15. Has the ownedapplicant met with Land Preservation? If so, provide date. Yes. Melissa Spire, Mark Terry, Tamara Sadoo 16. Is any part of the property in agricultural use? If so, how many acres? 30.6 +/- 17. Is there an existing pr propose.d sale pfdevelopment rights on the property? Yes Uncter conEracr with Town. 18. Does the owner own any adjacent properties7 If so, please indicate the properties by SCTM#. Yes - #1000 84 - I - 13 2 19. Are there any building permits currently pending on this properly? If yes, please provide permit number(s). NO 20. The site will be serviced by the following special districts or utility companies: Fire District Post Office School District V~ater NO. 29 Cutchogue Mattituck-Cutchoque UFSD Suffolk County Water Authority 21. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. No 22. Pleamindic~ethetypeofopenspacepropos~ andhow k ~llbeman~ed? Sale of development rights to Town under contract plus open space as depicted on lot to be created, which open space will be restricted by deed or covenant language approved by Town. Owner to manage. 23. Are there any existing structures on the properly? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? Existinq 2 story frame house, barn & ~ara~e to remain - single family residential use. 24. 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 20% of the yield, please indicate how you intend on satisfying the requirement (see Town Code {}240-10 B (2)(c) for options). Not applicable. Lessthan 5 residential lots. One agricultural lot. No residence One existing residence Three new proposed lots for residences. 25. Application completed by Signature of Preparer~/~ / Peter S. ~],xowner [ ] agent Ix] other Date~/~/~, ~/0 September 23, 2010 We, Maria Demchak and Michael Demchak, hereby authorize Peter S. Danowski, Ir., Esq. to act as our agent on the property of SCTM #1000 - 84 - 01 - 11 and #1000 - 84 - 01 - 12.2 in Cutchogue, NY and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature: ×')~'~~ ~-- Maria Demchak Michael Demchak Sworn to before me this day of September, 2010 Notary Public Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the tort of town officers and employees. The propose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Demchak, Michael and Demchak, Maria last name, first name, middle initial unless you are applying in the name oJ'someone else or other entity, such as a company. [f so, indicate the other person's or company's name. Nalurc of Application: (Check all lhm apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion __ Change of zone Mooring Subdivision Plat X Planning Site Plan Other (Please name other activity) Do you personally (or through your company, spouse, sibling, parent or child) have a relationskip with any officer or employee oftbe Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a garmership, in which the town officer or employee has even a partial ownership of(or employment by) a co~pomtien 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 team 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 noncerpomte 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: Disclosure Form Submitted this day of 20~ //_ PrintName ~llcnael ~emcnaK Maria Demchak Southold Planning Department Sample Authorization Letters for Subdivision Applications: 1, John Smith, owner of the property identified as SCTM# 1000-100-10-10 in Mattituck, NY, hereby authorize Southold Consultants Inc. to act as my agent and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature: Sworn before me this 30t~ day of August 2004, [ Notary Stamp] 2. We, John and Jane Smith, owner of the property identified as SCTM# 1000-I00- 10-10 in Mattituck. NY, hereby authorize Southold Consultants Inc. to apply for a subdivision on our property and hire any agents necessary to complete the work involved in the subdivision process with the Southold Planning Board. Signature: Sworn before me this 30th day of August 2004, [ Notary Stamp] 3. I, John Smitho President of Southold Consultants Inc., hereby authorize Jim lones, Esq. to act as my agent on the property of SCTM#1000-100-10-10 in Mattituck, NY and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature; Sworn before me this 30th day of August 2004, [ Notary Stamp] Sample authorization letters for subdivisions SUFFOLK COUNTY WATEI AUTHORITY 4060 Sunrise Highway, Oakdale, New York 11769-0901 September 20, 2010 Mr. Thomas C. Wolpert Young & Young 400 Ostrander Ave Riverhead NY 11901 Re: Water Availability - Michael & Maria Demchak SCTM# 1000-84-1-11 & 12.1 Fiie# 5257619 Dear Mr. Wolpert, We have received your request for information regarding availability of public water service to the above referenced property. There is an existing water main available to the above captioned property from Oregon Road to serve proposed Lots 1, 2, 3 and 5. In order to serve Lot 4 to Cox's Lane. We need a cop of the deed indicating utility rights. Connection fees, which include any applicable water main surcharges, an application and inspection, will be required for the house service line installation. Key money is required on all new construction. If you have any further questions, please feel free to contact me at (631) 563-5672 or our New Service Department at (631) 218-1148. Sincerely, Lisa Cetta Assistant Manager New Service LC:lap YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 Telephone 631-727-2303 Facsimile 631-727-0144 admin @youngengineering. corn HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect DOUGLAS E. ADAMS, Professional Engineer September 22, 2010 ATTN: Ms. Lisa Cetta, Assistant Manager New Service Suffolk County Water Authority 4060 Sunrise Highway, P.O. Box 38 Oakdale, New York 11769-0901 RE: MZCHAEL DEMCHAK & f4ARTA DEMCHAK at Cutchogue, T/O Southold, New York (10-0096) SCTM Nos.: 1000-84-1-11&12.1 Dear Ms. Cetta: Enclosed is a copy of the deed for the above referenced parcels. This document is forwarded pursuant to your request by letter dated September 20, 2010 (copy enclosed). We understand that Lot 4 may be served with a water service line connection within the proposed right-of-way to Cox's Lane. If you have any questions, please contact us. TCW/mal Encl. / cc: CPeter S. Danowski, Jr., Esq. Very truly your. s, Thomas C. Wolpert + Encl. Planning Engineering Land Surveying Architecture I[ SUFFOLK COUNT~ CLERK RECORDS OFFICE RECORDING PAGE Typ~ of lns~maent: EASBMENT N,,mher of Pages: 16 Reoeipt Numbe= : 08-0050441 TRANSFER TAX NUMBER: 07-27830 District: 1000 Deed Amount: Reoorded: At: LIBER: PAGE: Seotion: Block: 084.00 01.00 ENAMZNEDAND CHARGED AS FOLLOWS $1,070,137.50 lleoeived ~he Following Fees For ~bove Instrmaent Ex~rpt Page/Filing $48.00 NO Handling COg $5.00 NO NYS SRCSG TP-584 $5.00 No Notation Cert. Coptes $10.40 NO RPT Transfer tax $0.00 NO Conga. Pres Foes Paid TI:~HSFER TAX NUMBKR: 07-27830 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pasoale County Clerk, Suffolk County 05/29/2008 10:16:22 J~ D00012552 594 Lot: 013.000 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $118.40 This document will be public record. Please remove all 5ocial Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page/Filing Fee __ Handling 5. O0 TP-584 ~ Notation EA-52 17 (County) __ EA-5217 (State) R.P.T.S.A, .~' '__Z...~)J~ Comm. of Ed. S. 00 Affidavil NYS Surcharge 15. OO Other 4'~ Dist. lC Real Property Tax Service Agency Verification Deed / Mortgage Tax Stamp FEES ,/~",,% Sub Total GrandTota' /! _<~ -L?~. ~ ~ooo 08400 o~oo o23oo~ .~00 6 SatlsfacBons/Discharges/Releases Ust Property Owners MaJling Address RECORD & RETURN TO: I.isu Clare Kombrink. P.C. 235 Humplon Rom;l Suulhampton. New York 1]o68 200~ Ilaj 2.~ 10AJ6122 Judith ia, Pascale CLEI~ OF SLFFOLK L P.~4 DTt 07-278~0 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax .... SubTotal SpecJAsslt. or Spec./Add, TOT. MTG. TAX. Dual Town __ Dual Count~ Held for Appointment ..... Transfer Tax Mansion Tax The property covered by this mortgage is or will be Improved by a one or two family dwelling anly. YES --. or NO __ If NO, see appropriate tax clause on 5 Community Preservation Fund C 'T xD,ue S / Improved . Vacant Lan=/__ ID Mailto:JudithA. Pascale, SuffolkCountyClerk J 7 J TitleCompanyln[ormation 310 Center Drive. RJverhead, NY 11901J Co. Name ._~'ILe~,~¥~,~,~e,S,~__O, www.suffolkcountyny.gov/clerk J Title Jl ,,,,~ ?= ,..~'-/O~ ~'0 Suffolk County Recording & Endorsement Page This page forms part of the attached by: - ~J.~]-IAEL AND MARIA DEMCI-I.~K (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ..~OU~J LL)L [,I ~0 ~.V-~~. In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE IYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, [over) DEED OF CONSERVATZON EASEMENT THIS CONSERVA'I~ON EASEMENT ("Easement") Is granted this ,d~y of~ 2008, by MARIA DEMCHAK and MICHAEL DEMCHAK ( Granf. or")ffnaving an address at 3206 Camoustle Court, RIverhead, New York 11901 to THE TOWN OF SOUTHOLD ('Grantee"), a New York municipal corporaUon having an office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. WHEREAS: A. Grantor Is the owner of certain real property consisting or +__14.7568 acres located at 7810 Cox's Lane, Cutchogue, New York, In the Town of Southold, Suffolk County, New York, designated as SCTM# 1000- 84-1-13, of' which 14.2685 acres is subject to this Deed of Conservation Easement (hereinafter, the "Property") and more fully described in EXHIBIT A attached hereto and shown on a survey dated March 20, 2008 and last revlsed May 12, 2008 prepared by .lohn C. Ehlers Land Surveyor; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the 'ECL") to acquire conservation easements. C. The property consists primarily of productive agricultural land. The Property contains 13.42 acres of prime soils and 0.85 acres of soils of state- wide Importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Servlce. D. Article 14, Section 4 of the New York State Constitution states that 'the policy of this ~tate shall be to conserve and protect Its natural resources and scenic beauty and encourage the development and Improvement of Its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, t~e Legislature of the State of New York found and declared that 'in order to Implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and Improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and Improvement of..balanced economic growth and the quality of life In all areas of the state;" F. The Property is located within Suffolk County's Agricultural Dlstrlct #1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In SecUon 300, It states: "It Is hereby found and declared that many of the agric,ultural lands In New York State are in Jeopardy of being lost for any agricultura.l'purposes· When nonagricultural development extends Into farm areas, competition for limited resources results..It Is therefore the declared policy of the state to conserve, protect and encourage the development and Improvement of its agricultural land for production of food and other agricultural products...it is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" ! Stewart Title Insurance Company Title Nn, ST-S-lO380 Schedule A Description AM ENDED 51 ! 2/*2008 AI.L Ihat certain plot. pi~'e or parcel of land. situate, lying ;lad b~ing at Cutchogue. Town of .',;outhold. County of Suffolk and State of New York being bounded :md &'scribed as fidh~ws: BEGINNING ut the tmcp. iat ~md or place of ~ginulng: ~aid point b~iag Ul~ the northeaste~l],' line of Cox lane the following three t3) courses und distances from n point at the beginnin~ of n cu~c connecting the northerly Uae of Mathews Lane with the northeasterly line of Cox Lane. as ~own on the map of "Northwoods". filed Map 2 l, 1970 as FiLe Number 3469: running through said curve with n rndltm of 25.00 feet and a length of 39.27 feet to n point on the uottheestetly line of Cox Lane: thence along the nottboagterly line of Cox Lane tl-e following two (2l courses and d~ancea: North 49 degrees tll minute 5(I seamds West. 170.40 feet to a monument: thence North 48 degrees 11 minutes 10 seconds West. 27.80 feet to a point and the tree point ~.~ pl~e of BEGI~.~INO. RIINNING THENCE from .,mid uue point m~d or place of beginning along th/: nuttheasmrly line of Cox Lane. North 48 degrees 17 minutes 10 secouds Wes;. a distance of 687.$0 feet to the land of H..Norman M¢Culiough 111: RUNNING TllENCE along the land of H. Norman McC. uliough III and also Getaldin= Betkoski and Antone BerkoskL North -~2 degrees ! l minutes 20 seconds East. a distance of 7.94.07 feet to the land now or formerly of Mafia Demchnk and Michael Demehak; THENCE along said lund South 47 degrees 20 minutes 00 secunds East. a dis~unce or 91.~.18 feet to the northerly line ora 2:5 tool strip of land: THENCE southerly along the northerly line of a 25 foot strip el' land South 67 ~$rees .17 minu{¢s :20 seeond$ West. a di~'~m:c of &q.l 8 fe~ ~o the notff~easterly lin,: of Cox Lane n,nd the trnu Ix~int or place of BEGINNING. his/her/their ai~tll~.lur~(s) on ~e instrument, the individual(s), or the person upon behalf of which Ihe individ?l(s) acted, executed tho instrument. Si$~mrc/omce ul'imJividual taking acknowl~lBenv:nt PATR C~ L. FAL~N Stale ~New Y~ ) N~ Public, ~to Of Ngw ~ NO. 01 FA4950146 ~o..~ ~ ), ~.' Qua fled n 8~IolK Coun~ Comml~lon ~ires Apr 1 2~ ~ Ih= /~ day or~ in the ~= 2~8 ~ m~, the ~d~i~, pe~nally ap~ ~47M ~4K v ,pe~llyk~to~orpmv~{omcon~e~Jso~ ~is~lo~ cvid~ ~ ~ Ihe individu~ (s) who~ ~e (s) is (a~) sub~b~ ~o ~e wi~Jn i=~i ~ ~now)~ ~o mc ~ h~shc/thcy ~u{~ ~ s~e in ~/rheir cap=i~y (les), ~ thai by hi~cdthc~ si~s) on Ih= instmm~k ~ J~vid~(s), or the ~n u~n ~lCo~whi~ the in~ivldu~(s) ~t~ ~xKui~ thc i~m~c SJg~t~o~e ~ ~ividun] ~kJng ac~wled~nl PATRICIA ~ FALLON ~alf o~r~ Yo~ ) N~ Publ~, ~ate Of N~ ~ouaw e~ ~ ), ~: No. 01FA4950146 Ouaflfl~ in Suffolk ~u~ Commi&sion ~1~ A~II On ~e ~day oF ~ in thc ~ 2008 ~Fo~ me, ~ undc~i~ a~ SCO~ ~ RUSSL~L, ~lly k~ to me or pmv~ lo mc on the ~is of ~tlsF~ow ev[~ to ~ the individ~l (s) w~se n~e (s) is (~) sub~fib~ to ~o ~th~n ~n~m~nt ~ ~ow]~8~ to me that h~sh~w ~ut~ the ~me in ~/thcir ~ity (i~), ~ ~t by hi~edtheir si~a~s) on ~e ~t~m~t. thc i~ivid~l(s), or ~e ~n u~n ~halfoFwhich ~ [ndivid~l(s) act~, ~ut~ the inst~mcnt. Si ,~naturc/o flice oriodividual lakinl~ acknowl~:lgmcnt PATRICIA L. FALLON Not~ry Public, State al NeW York No. 01FA4950148 Qusllflad n Sutfolk County Commission Expires Aprl 24, 14 ~m 8159 ~l ~ ' " I. ~ T~ ...... ~'~ ' 2. ~T~ ., ~,~llt(C~) ~, / ' ~ '" Rq.C~ ~, ~/ ~ wiJl ~ {m~v~ by ~ 0~{ or ~wo f~mdy " ~,, , O~AND T~AL ' ~ ,, af~b l~ ~C'I~ ~,~, ' IIII ~O~ ~ R~ TO ~) ,~ , (S~ ~ OF IN~U~ or H~ET o~ BO~ ~ T~U 9 MU~ BETY~D OR PRIED IN BLACK ~K O~Y PRIOR TO RECORDINO OR i 004, 00~ 01,00 t .,,.. Oll. OOC 012,001 013,000 and ~giRYA {3{~CiIAK, his wife, ~oth residing at Bays, N~ York, 11946, WlT~-u~l~{. iI~t Olu party o{ file flr~l I~rL i. c.,it~hler~fi.m (.! ~n and 00/I00 ..... ($10 00) , ,. ~ ~ situa~, ly~ ~ ~i~ at ~, ~ ~ ~lt, ~ of Pa~l ~ ~in. ~is~ o~ 26 a~m, ~ ~ less. l~d of ~ ~i. ~ ~t 12 ac~s, ~ or lea. ~e 298. ~t g~ ~ a prior ~ ~ ~ l~i~ ~ in t-~ 11279 ~ .~ald prem. l~es, On the d~y of 19 , be(ore me On the ~y of 19 , ~fore me ~rsmmlly came ~o me known to be t~. indivldus~ cleKrll~4 in and who exm:uled the forqp~ing |nstr~m~l, and a~tnowk~ge~ Ihal executed th~ aam~ On the day o( ]9 , b~ ore ne i,er~onifly came ~hollt ] artl ~ersoflal~), &eqt~linled, who being by me duly sworn, d d de~ n,d ~y Ihit ~ relideB It No, TO u~oc~ 01,00 u)t 012.000t 012.001 & 013.000 320 Hafitot~n R~ad P.O. BOx 5071 Sout.~, Ne, a YOLk 11.969 Town of Snuthold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits' and other ministerial permits not located within the Coastal Erosion Ha~rdArea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its sibmificant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thn% each answer must be explained in detail~ listing both supporting and snooortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork. aet), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 84 1 - 11 & 12.1 PROJECT NAME Michael Demchak & Maria Demchak - Conservation Subdivision The Application has been submitted to (check appropriate response): TownBoard [] Planning Board [~ Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ..... Conservation Subdivision Location of action; Oregon Road, Cutchogue Site acreage:. 33.9890 acres Present land use: Agriculture Present zoning classification: A-C If an application for the proposed action has been flied with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: 616 Roanoke Avenue, Riverhead, New York Michael & Maria Demchak c/o Peter S. Danowski, Jr., Esq. 11901 (c) Telephone number: Area Code ( ) 631-727-4900 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [] If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Conservation subdivision plan provides 3 proposed residential building lots, preserves 26.6717 acres of open space/conservation area (LOt 5), ano requires no major improvements to existing infrastructure. Attach additional sheets ff necessa~ Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3~through 6 for evaluation criteria I~ I Yes I I No L_I Not Applicable ~fer to Policy 1 Attach additional sheets ff necessary Policy 3. Enhance visnal quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria [] Yes ~-] No [] Not Applicable Refer to Policy 1 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sectiou IH - Policies Pages 8 through 16 for evaluation criteria [] Yes ~-~ No [] Not Applicable Attach additional sheets ff necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section - Policies Pages 16 through 21 for evaluation criteria Yes [~ No [~Not Applicable Refer to Policy 1 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. [-~ Yes [] No V'~ Not Applicable Attach additional sheeis if necessmy Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill - Policies Pages 32 throngh 34 for evaluation criteria. ~ Yes [~ NoN Not Applicable Refer to Policy 1 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 throngh 38 for evalnation eriterla. ~ Yes [~ No [] Not Applicable Refer to Policy 1 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [] No [] Not Applicable Attach additional shcets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [] No ~ Not applicable Attach additional sheets ff necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [~ Not Applicable Refer to Policy 1 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [~] Not Applicable Peter~'~. Da~wski, Jr., Esq. Amended on 8/1,/05 AttQrnev for TITLE Appixca~t DATE~ 617.20 Appendix A State Environmenta! Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help appricants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have tittle or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. 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 takes place in Parts 2 and 3. Part 2: 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 smatl to moderate or whether ~t 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 actuarly important. DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part I [] Part 2 [] Part 3 Upon review of the information recorded on this EAF {Parts 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: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. 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.* [] C. 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 Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if different from responsible officer) Date 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 believe will be needed to complete Parts 2 and 3. it is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Michael Demchak & Maria Demchak - Conservation Subdivision Location ot Action (include Street Address, Municipality and County} Oregon Road, Cutchogue, T/O Southold. Suffolk County Michael & Maria Demchak c/o Peter S. Danowski, Jr., Esq., 616 Roanoke Avenue (Jity/PO Riverhead Name ot Ownerl~t dltterent) Same as applicant Address Business lelephone ( ) 631-727-4900 NY 11901 ( Conservation Subdivision - 5 Lots Please Complete Each Question--Indicate N.A. if not apPliCable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. Present land use: [] Urban [] Industrial [] Commercial [] Forest ~n Agriculture [] Other Total acreage of project area: 34.0 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland {Non-agricultural) 0 acres 0 acres Forested Wooded 1.7 acres 1.3 acres Agricultural {Includes orchards, cropland, pasture, etc.) 30.6 acres 26..5 acres Wetland(Freshwater or tidal as per Articles 24,25 of ECL) 0 acres Q acres Water Surface Area 0 acres 0 acres Unvegetated {Rock, earth or fill) 0o 2 acres 0.2 acres Roads, buildings and other paved surfaces 0.2 acres 0.8 acres Other (indicate type) Lawns & Landscaping 1.3 acres 5.2 acres What is predominant soil type{s) on project site? CpA, Ha A a. Soil drainage: ~ Well drained~% of site ~ Moderately well drained [~ Poorly drained 0 % of site [] Residential{suburban) [] Rural(non-farm) O % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? 30 +/- acres (See t NYCRR 370). Are there bedrock outcroppi~=~ on project site? [] Yes ~ No a. What is depth to bedrock? N.A (in feet) 5. Approximate percentage of proposed project site with slopes: ~ 0-10% 100 % }/~ 10-15% 0 % ][] 15% or greater. 0 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [] Yes ~ No 7, Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes ~] No 8. What is the depth of the water table?.51-66(in feet) 9. Is site located over a primary, principal, or sole source aquifer? ~ Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes I(1 No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [] Yes ~1 No According to Younq & Younq Identify each species 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations) [] Yes ~ No Describe 13. Is the project site presently used by the community or neighborhood as an open apace or recreation area? [] Yes ~ No If yes, explain 14. Does the present site include scenic views known to be important to the community? ~ Yes [] No 15. Streams within or contiguous to project area: N.A. a. Name of Stream and name of River to which it is tributary, 16. Lakes, ponds, wetland areas within or contiguous to project area: N.A. a. Name b. Size (In acres) 17. Is the site served by existing public utilities? ~ Yes E] No a) If Yes, does sufficient capacity exist to allow connection? ~ Yes [] No b) If Yes, will improvements be necessary to allow connection? ~ Yes [] No 18. Is the site located in an agricuttura~ district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ~ Yes [] No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR6177 [] Yes E~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes ~ No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 34.0 a. Total contiguous acreage owned or controlled by project sponsor __acres. b. Project acreage to be developed: 7.3 acres initially; 7.3 acres ultimately. c. Project acreage to remain undeveloped 26.? acres. d. Length of project, in miles: NoAo {if appropriate). e. If the project is an expansion, indicate percent of expansion proposed N.A. %. f. Number of off-street parking spaces existing 2 ; proposed 6 additional g. Maximum vehicular trips generated per hour 7 (upon completion of project). h. If residential, Number and type of housing units: One Family Two Family Multiple Family Initially 1 Ultimately 4 i. Dimensions (in feet) of largest proposed structure 35' height; 50' j. Linear feet of frontage along a public thoroughfare project will occupy is? 2. How much natural material (i.e., rock, earth, etc,)will be removed from the site? 3. Will disturbed areas be reclaimed? I~ Yes [] No [] N/A Condominium width; 60' _length. 704 ft. 0 tons/cubic yards, a. If yes, for what intended purpose is the site being reclaimed? TO facilitate development of 3 b. Will topsoil be atockpilod for ree~amation? ~ Yes [] No residential lots c. Will upper subsoil be stockpiled for reclamation? ~ Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0.4 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [] Yes I~ No 6. If single phase project: Anticipated period of construction 36 months, (including demolition). 7. If multi-phased: N.Ao a. Total number of phases anticipated (number(. b. Anticipated date of commencement phase 1 __ month year,(including demolition). c. Approximate completion date of final phase __ month__year. d. Is phase 1 functionally dependent on subsequent phases? [] Yes [] No 8. Will blasting occur during construction? [] Yes ~ No 9. Number of jobs ~enerated: during construction? 12 ; after project is complete? 0 10. Number of jobs eliminated by this project? 0 11. Will project require relocation of any projects or facilities? [] Yes ~[ No If yes, explain 12. Is sur[ace liquid waste disposal involved? [] Yes ~ No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? I~ Yes [] No Type San±ta~z_ 14. Will surface area of an existing water body increase or decrease by proposal? [] Yes ~ No Explain 15. Is project, or any portion of project, located in a 100 year flood plain? [] Yes ~1 No 16. Will the project generate solid waste? ~ Yes [] No a. If yes, what is the amount per month? 1.3 tons. b. If yes, will an existing solid waste facility be used? ~ Yes [] No c. If yes, give name Southold Solid Waste Facility; location Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? li~ Yes [] No e. If Yes, explain Materials removed from the wastestream for re-use or recycling 17. Will 18. Will 19. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? project use herbicides or pesticides? ~ Yes [] Yes r~ No tons/month. years. [] No ie. Lawn Care project routinely produce odors (more than one hour per day)? [] Yes O~ No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification ~ certify that the information provided above is true to the best of my knowledge. Applicant/SponsorName Young & Young Attn: Thomas C. Wolpert, P'~te Sept. 22, 2010 Signature ~/~'~/~/~ Cf, ~/~/~ Title Agent for Applicant If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 20. Will project produce operating eeding the local ambient noise levels? [] Yes ~; No 21. Will project result in an increase in energy use? ~] Yes [] No If yes, indicate type(s) Fossil Fuels & Electricity 22. If water supply is from wells, indicate pumping capacity N.A. gallons/minute. 23. Total anticipated water usage per day 1/200 gallons/day. 24. Does project involve Local, State or Federal funding? ri Yes ~'1 No If yes, explain 25. Approvals Required: City, Town, Village Board [] Yes ~ No City, Town, Village Planning Board ~ Yes E] No City, Town Zoning Board [] Yes j~ No City, County Health Department {~ Yes [] No Other Local Agencies [] Yes ~ No Other Regional Agencies [] Yes · No State Agencies [] Yes ~ No Federal Agencies [] Yes ~ No Type Submittal Date Conservation Subdivision 9/2010 Conservation Subdivision 10/2010 C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? ~] Yes [] No If Yes, indicate decision required: [] zoning amendment [] zoning variance [] special use permit ~ subdivision [] site plan [] new/revision of master plan [] resource management plan [] other 2. What is the zoning classification(s) of the site? A-C 3, What is the maximum potential development of the site if developed as permitted by the present zoning? 18 Lots 4. What is the proposed zoning of the site? Iq.Ao B. What is the maximum potential development of the site if developed as permitted by the proposed zoning? lq.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? I~ Yes [] No 7. What are the predominant land use(s) and zoning classifications within a 1/4- mile radius of proposed action? Land Uses: Residential, Agriculture; Zoning: A-C 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? Ej~ Yes [] No 9. If the proposed action is the subdivision of land, how many lots are proposed? 5 ( 1 agricultural lot with a. What is the minimum lot size proposed7 60,213 sq. ft. no residences ) 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes ~ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ~ Yes r-I No a. If yes, is existing capacity sufficient to handle projected demand? [~ Yes [] No 12, Will the proposed action result in the generation of traffic significantly above present levels? [] Yes ~ No a. If yes, is the existing road network adequate to handle the additional traffic7 [] Yes [] No PLANNING BOARD MEMBERS MARTIN H. SIDOR Ch~dr WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI 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. Ma~n Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Accounting From: Planning Department Date: October 5, 2010 Re: Checks The referenced applications have been accepted by the Planning Board and the checks may now be processed to revenue. Thank you. P~oject Name & Type Tax Map # Amount Check bate Sawicki, Edward 125-3-4.1 500.00 7/28/10 Demchak Cons. Subdiv. 84-1-11 & 12.1 500.00 9/28/10 LR MEMORANDUM To: Accounting From: Planning Department Date: September 29, 2010 Re: Payment Please deposit the attached check into a deferred account. Payment is for a Conservation Subdivision Sketch Application Fee as detailed below. Application is not yet accepted by the Planning Board. Applicant/P~oject Name Type Demchak Cons. Subdiv. Tax Map ~ 84-1-11 & 12.1 Amount L Check Date/No. Authorization Code $500. 9/28/10 - #2104 LR Enc. Michael Demchak Maria Demchak 3206 Carnoustie Court Riverhead, NY 11901-1946 Pay to the '~ ]~/ SUFFOLK FEDERAL 21~ ~ASER. FICHE FORM SUBDIVISIONS Project Name: Demchak, Michael & Maria Locatiqli: Orel~on Road~ Cutchoeue Hamlet; Cutcho~ue App!iCa~ntName: Michael & Maria Demchak owner Name: Michael Demchak OPTIONAL ADDITIONAL INFORMATION Zone 2: C andR's: Ho, rm~wners Association: R and'M Aareement: Address: County Filin.q Date: Zone 3: SCANDate: SCANNED DEC t3 2010 Records Management Kb-Y MAF' ~E~TAIN A~EA~ IOT TOTAL PoLE ~ULK < 80,000 ~ OldEN ~PAC~E 4 114,4~0 $F NA 114,450 S~ NA 44,~8 S~ ~ 1,161,82] S~ NA NA NA 1,161,8~1 ~ OPEN SPAGE 'A' (PART OF LOT 4) 44,q68 SF / / / I / / \ \ / / no~ N N N 'x C. ONSEFEVATI ON AREA 1,1~1~21. 5F 26.&~l"t AC NOV 1 SITE DATA TOTAL Af~,EA = DB.~IS~IO AC,. OR 1,480,~60 ~P '75/'/5 CON~.VATION ~UBDIVISION ,/ GLIJSTE'~, SUBDIVISION MAP MI~HAEi Dt~M~HAK ~ MAt~IA ~C, HAF. ot C.d;chogue, To~n oF Sou,.hold '.75/-/5 C, ONDEt~.VATION 5~ET~,H PLAN I000 84 om Blo~ OI Lot [2.1 JULY 20, 2OIO 8cal~ I" -- I00' ~.TA/N LOT TOTAL POLtE t~ULK 4 ll4,4DO DF NA H4,4DO DP D 1,161,821 ~F NA NA NA NA 0 5F 0 5~- 1,1&1,821 ~P 1~.O&,58q 5F OPEN ~I~AC, E 'A' (F:'At~T OF: LOT 4) TOWN t~DAP. D ~Bti~.TII~I~ATION 44,T68 5F 2O / / Ph~ll$ A. ~r~b / ~ I f4,'450. 5F B5 / / CU~VB'¢O~..'~ C, EIi~TI FI~.ATION GLiJSTEP. DUBPIVIDION HAP MIC, HAI~i 12t~HCHAK ~ HA~IA DL=HC.HAtC. ~ Cu~chogu~, To~n of 5ouf. hol~ SuPPoIk Coun'b~, New York -/5/'/5 C, ONCE~VATION 5KJ~TC, H PLAN I000 84 OI LOT TOTAL POLt= BULK: < 80,000 SF OtOEN SPAOI= ~ ~,D4D SD D,q04 ~F ~D,444 ~F 6,~& ~F 0 ~F 4 114,4D0 SD NA 114,4D0 SD NA 44,~&8 SD ~ 1,1&1,821 DF NA NA NA 1,161,8~1 ~ OF'EN SPACE ~A' {PA~.T Ot= LOT 4) 44,"/68 SP TOI~IN t~2At~ID CD~.TII~IGATION THIO ID TO CH~TID¥ THAT THIO OPEN DEVELOI=HHNT ARA HAD 651, \ / LAN/ of NerVure ~L~ rhomo~ Thomp,~n DITE DATA -/D,,""tD CONDE~VATION DUtDIDIVIDION 5Ut~.VEYOR'~ GEt~,TI'C=IGATION * "1HHKHtD¥ 6.Hf~.TID''' THAT ALL LOTO DHOI^IN ON THIO PLAT FILTH THH BLJI/OIN~ ZONE O~IDINANC. E OD THE TOkeN OD ~OUTHOLID, t~XG~°T AD HOIDI~IEID PtJP~GtJANT TO DEDTION ~'/~ Of-' THE N.¥ D. TO,tN .ONDB ,VATION 5K, ETGH PLAN I I000 84 OI II ! / SOILS OATA CpA x/~®ETATIY'~ I?ATA SLOPE DATA AERIAL PHOTO®RAPH SUBDIVISION MAP MICHEL ~BF4C~HAK ~ HARIA PEHGHAK ~ Outchogue, To~n o~ Sou~hold iO00 84 Ol ii SOUTHOLDTOWNBOARD PUBLIC HEAR~G November 30, 2010 7:37 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 7:55 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Michael Demchak to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:37 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by Michael Demchak~ said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1- 12.1, with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The proposed open development area is located on 7.231+_ acres of the 33.9890+ acre parcel. The open development area consists of 4 lots on approximately 7.23 l+__acres to include 4 residential lots. The development rights of the remaining 26.67+__acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. This notice was published in the Suffolk Times on the 25th of November, 2010 and it was posted on the Town Clerk's bulletin board on the 22na day of November, 2010. And that is it. Demchak Open Development Purchase 2 November 30, 2010 SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition? PETE DANOWSKI: My name is Pete Danowski, I am very brief. I caused the petition to be filed for this open space, I would like to thank Melissa, other members of the Planning staff and the coordination with the various committees that have considered the layout of a future subdivision of a small number of lots here and so the open development area is part of that process and hopefully you will adopt the resolution tonight. If that happens, in fact, they will be closing next week. So thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. I want to comment that this is actually, I believe, a family that sold development rights in the past, so I want to thank them again for their commitment. MR. DANOWSKI: That is correct. On the Cox Lane area, the Demchuk's have sold development rights in the past. And you tie that together with the Lieb vineyard areas and we have got a nice stretch of land there. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular heating? (No response) This heating was closed at 7:59 PM Linda J. Cooper Deputy Town Clerk 10030 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 25th day of November, 2010. Principal Clerk Sworn to before me this 2010. ~ CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01 -V06105060 Qualified In Suffolk County LI~GAL NOTICE NOTIC~ OF PUBLIC HEARING NOTICE IS II~REBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the ag & _ day of 3Ya ~'r ,2010, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Demchak ODA Sworn before me this Notary l~c ' BO~!NIEJ. DOROSKI Notap~ Public, State Of N~ 01~06095328, Suffolk Coun~ Term~piresJuly/,20 ( ~ Deputy Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapte~ 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Michael Demchak to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:37 p.m. Southold Town Hail~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by Michael Demchalq said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The proposed open development area is located on 7.231 +_ acres of the 33.9890+_ acre parcel. The open development area consists of 4 lots on approximately 7.23 l+acres to include 4 residential lots. The development rights of the remaining 26.67+ acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: November 16, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON November 24, 2010 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Planning Dept Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board RESOLUTION 2010-913 ADOPTED DOC ID: 6374 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-913 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2010: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Peter Danowski, Esq. on behalf of Michael Demchak to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Michael Demehak to establish open development area as eomplete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:37 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by Michael Demehak~ said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The proposed open development area is located on 7.231_+ acres of the 33.9890+ acre parcel. The open development area consists of 4 lots on approximately 7.23 l+acres to include 4 residential lots. The development rights of the remaining 26.67+acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Page 1 of l Cooper, Linda From: Legals [legals@timesreview.com] Sent: Thursday, November 18, 2010 10:04 AM To: Cooper, Linda Subject: RE: Demchak ODA 11~30-10 Hello a§ain, Have this one too! From.' Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Wednesday, November 17, 2010 3:11 PM To: Legals Subject: Demchak ODA 11-30-10 Please oonfirm receipt of the Legal Notioe of Public Hearing for the 11/24 edition of the Suffolk Times Thank you L Cooper 11/18/2010 N V, 30,2010 12:54PM 61~,20 AppeedJx A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM N0.396 P, 1 Purpose: The full EAF is d~signed to help epplicanf$ and agencies determine, in an ordedy manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there ere little or no formal knowledge of the environment or may not be technically exp~ in environmental analysis. In addition, many The full EAF is intended to provide a method whereby applicants and agencies can be aSsured that the determination ~)rocess has been orderly, comprebeneive in nature, yet flexible enough to allow introduction of information :o fit a project: or Full EAF Components: The full EAF is comprised of three parts: Part Provides objective data and information about s given project and its ~ite. By identifying basic project data, it assists a reviewer ir1 the analysis that sakes place in Parts 2 and 3. Part Part Focuses on iden~fying the range of possible ipqpac[s that may occur from a project or action. It provides guidanoe as to whether an impact is likely to be oonaldered small to maderste or whether it is a potentially-large impact. The form eleo identifies whether an impact aah be mitigated or reduoed. If any impact in Part 2 is idenTified.aa potentially-large, then Par[ 3 is used zo evaluate whether or not :he impa~ is actually important. DETERMINATION OF SIGNIFICANCE - Type I and Unlisted Actions identify the Portions of EAF completed for th~a project: Part I C3 Part 2 [3 Par[ 3 Upon review of the information recorded en this EAF (Parle 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: The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] Although the pro~ect could have a $ignifioa~t effect on the environment, there will not be a significant effect for this Unlisted Actioll because the mitigat;on measures dessribed in PART 3 have been requJred~ therefore a CONDITIONED aegative declarafion will be prepared,e aA Conditioned Negative Daclaratlon is only valid for Unlisted Actions C, The project may result in one or more large and important impacts that may have · significant impac~ on the environment, therefore a pos~tiYe deeis~erion wgl be prepared. Name of Lead Agency ~ ~ .... .' · , ......... ,1 ~ i',',Jr,} Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Date N©V, 30,2010 12:54PM NO, B96 P, 2 PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE.- This document is designed to assist in determining whether the a~tJon proposed may have a significant effect on the environment_ Pfess~ complete the entire form, Parts A through E. Answers to these questions will bo considered os pert of the application for approval and may be subject to further verlfieation and publrs review. Ptovida any additional information you believe will b~ needed to complete Parts 2 and 3. It is expected that completion of the full FAF will be dependent on information currently available and will not involve new studios, research or investigation. If informa~on requiring such additional work is unavailable, So indicate and specify each instanoe. Michael Demchak & ratio ]:A'~chak - Conservation Subdivision Ore,on Road, Cutchogue, T/O Southold. Suffolk County Michael & Maria Demchak I ~ ) 631-727-4900 c/o Peter S.. Danowski, Jr., ~-sq., 616 ~%oanoke Avenue Riverhead ~ 11901 Conservation Subdivision - 5 Lots Please Complete Each Question--Indicate N,A. if not ap~li6able A. SITE DESCRIPTJ[ON Physical s6t'd~g of overall project, both developed and undeveloped areas. Present land use: [] Urban [] Induet~a) [3 Fof&st E] Agrieurture ToTal acc-ease of .pi-ejecT araa:r 3,4 · 0 .acres. APPROXIMATE ACREAGE Meadow or ~reshland (Non-agricultural) Forested Woc~ed Agricultural (includes orchards, cropland, pasture, etc+) We~JandiFre~hwater or tidal as per Articles 24,25 of ECL) Water Surf~c~ Area Unvege~eted {Rook, earth or fi]Il Roads. buildings arid other paved surfaces Other {Indica(e type)_ La~s & Landscaping What is predominant soil type(s) on proje~ eke? Residential(suburban) m Rural(non-farm) a, Soll drainage: [~ Well drained~].~% of eke ~[ Moderately well drained.. 0 % of site [~ Poorly drained 0 % of site b, If 'any agricultural land is involved, how many acres of soil ere classified within soil group I through 4 of the NYS Land Classificatfon System? 30 +/- acres (See I NYCRR 370}. PRESENTLY AFTER COMPLETION 0 pores 0 acres ]. -? acres 1.3 acres ~ - ~ acres 26.5 acres Q acres 0 acres 0 acres 0 acres O. 2 acres 0.2 acres ' 0.2 acres 0.8 acres 1 . 3 acres 5.2 acres CpA, :'la A NQV, 30. 2010 12:54PM 4. Ara 'cbeYe bedrock outcroppings on project site? D Yes ~1 No a. What is ,depth to bedrock? ~.A in feet N0,~96 P, ~ 5. Approximate percentage of proposed project site with slopes: '~ 0-10% 100 % ~ 10-15% 0 · n 15% or greater 0 % 6. Is project substantially ~iguous to, or contain a building, ske, or d[strJ~, 5stet on the State or the Natlonel R~isters of Hiatcri~ Ra~s? ~ Yes ~ No 7, Is project sub~ant[ally contiguous to a site l]~ed on the Register of National Natural Landmark? ~ Y~ ~ NO 8. What is ~e depth of~e ~ter ~ab]e~ 5[--~6n feet) 9. Is ~ite J~at~ over a primal, principal, or sole source aquifer? ~ Yes ~ No 10. Do hunting, fishing or shelJ fi~ing oppo~um~Jes pr~entlv exist in ~e proje~ area? ~ Yes . ~ No 11. Does proje~ site conzain any species of plant o~ animaJ lee that is identified ~s threatened ~ ~ ~es ~ No Accordinp,tq Younq & Yo~q Ideatify each spa=les 12. Are the~e any unique or unusual land fo~ms on the project ske?(i.e., cl~s, .dunes, other ~eologi¢a~ formations) D Y~ ~ No O~cribe [] Yes ~ No If yes, explain I~ Yes D No 15. Streams within or ~onTJguous tO project area: Lq.A. a. Name of 5'~eam and name of River to which it is ~'ibuzary. 16. Lakes, ponds, we~lend areas within or contiguous to proiact area: Lq-A- s~ Name b. Size (In acres), 17. is %he site served by existing public utilities? a) If Yes, does sufficier~ capacity exist to allow connection? ~ Yes rq .No 18. is 1:he Site located in an agricultural di~ldCl: certified' pursuant to Agri=u~re end Markc~s Law, Ardcle 25-AA, Secdor~ 303 arid 304? Z~ Yes, [3 No 19. is the site Iocaz:ed in or subatar~iatl¥ contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL. and § 'NYCRR 6177 ~ Yes 20, Has ~ha s~te ever been used for the disposal of solid or haZardous wastes? [] Yes [~ No B. Project Description 1. Physical dimensions and scale or project (fill in dimensions as appropriate) a.. Total scnliiguous acreage owned or controlled by project sponsor 3~.0 acre~. b. Project acreage to be developed: ?·~ acres inkia§y; ?.3 sores ulfimatelv, c. P/oject acreage to remain undeveloped 2~.7 sores. d. Length of pro, est, in miles: ~.~. iii appropriate). e. Jf the projec~ is an eXpansion, indicate pereen[ of expansion proposed N.A. %. f. Number of off-street parking spaces e~xisting 2 ; proposed 6 additional g. Maximum vehicular trips generated per hour 7 .{upon completion of project). %OV, 90, 2010 12:55PM h. If residential, Number and type of housing units: One Family Two Family Muhiple Family ]n~ially 1 Ultimately 4 Condominium NO, 396 P, 4 i. Dimensions (in feet) of largest proposed structure 35 ' .height;, 50 ' width; 60 ' length, j- Unear feet of frontage along a public thoroughfare project will occupy is? 7C~ f% 2. How much natural material Ii.e,, ro~k, earth, ezc.)wiil be removed from the site? 0 tons/cubic yards. ' 3. Will disturbed areas be reclaimed? ~ Yes ri No [3 N/A a. If yes, for what in:ended purpose is the eke being reclaimed? ~O f~ci'tit~,te ~eve]_o~e.~t of 3 b. Will ~Opsoil be s~ockpJled for reclamation? ~I Yes 0 No residential lots c, W~i[ upper subsoil be stockpiled for reclamation? ~ Yes D No 4. How many acre~ of vegetation (trees, shrubs, ground ~overs) will be removed from site? 0.4 acres. 5. Will any mature forest {aver 100 years old) or ot~er Io~ally-important vegata~ion be removed by this project? [3 Yes ~'~ No $- If ~ingle phase project: Anticipated period of constriction 36 monU~$, (including demolitionL 7, If multi-phased: N.A. a. To, al number of phases anticipated (number). b. Anticip~ed da~e of'cdmmeneame~t phase 1 __mon:h .year~(including demolidorfl. ' c, Appro~mate completion .date of final phase __month .year, d. Is phase 1 funotJonally dependent on subsequent phaSeS? m Yes [] No 8. W~I blasting o~cut during construction? C3 Yes ~ No S, Number of jobs ~snerated: during con~ruction~ [~ ; after project is eomglete? 0 · 10. Number of jobs elimhlated[ by this project 0 11. Will project require relocation of any projects or facJlkles? ,n '(es 01 No If yes, explain 12. Is surface liquid waste disposal involved? D Yes ~ No a. If yes, Jndlca~e type of wes~e (sewage, industrial, eta.) and amount ' b. Name of water body into which effluent will be discharged 13. Is subsurface liquid Waste disposal ~nvolved? I~'Yes [3 No Ty~ ' ~:~,'q~t~-'-~ ~14. VV-~ surface ama of an e~iating water body increase or decrease by proposal~ ~D Ye~ ~1 No ' E~flain is project, or any portion of project, located in a 100 year flood plain? C~ Yes 1~ No Wily the pro]ec~ ganeraze solid waste7 ~ Yes ~ NO a. If yes, wha[ ~s the amoun~ per mon~? ~ · 3 tons. b. [~ yes, will an ex~ing solid wa~e ~cJlity be used? ~ Yes ~ No .. o. If yes, give ~ame Southold Solid W~te Facility; location '~tch~ue d. Will any wastes not go into a sewage disposal sy~em or into a ~nim~ landfill? ~ Yes ~ Ne e, if Yes, eXpisJn ~terials re~ fr~ the vastestre~ for r~use or re.cling 17. Will The project involve ~he disposal ol solid wa~'te? a. Jf yes, what (~ the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. ~J pro~e~ use h~icides or pesticides? ~ Yes 19. '~11 pto~e~ ~o~tinel~ produce odors (more than o~e hour per day)? r-i Yes ~[ No Tons/month. ~ No ie, La~n Care D Yes Ii No N,OV. 30, 2010 12:55PM 20. Will projeot produ=e operating no,,e exceeding the local ambient noise levels.; 21. YVill project result Jn an increase in energy use? ~ Yes [] No (f yes, indicate type(a) Fossil Fuels & Electricity 22. If water supply is from ,wells, indicate pumplng capacity N.A, .gallons/minute. 23. Tot'alanlJ¢ipated water usage I~er day 1,200 gallons/day. 24. Does project involve Local. State or Federal funding? rq Yes I~ No If yes, explain NO, 396 Yes ~ No Approvals Required: C~ty, Town, Village Board m Yes ~ No CiTy, Town, Village Planning ~oard ~ Yes O No City, Town Zoning Board ~D Yes i~1 No City, County He, kb Depa~ment ~ ~es ~ No Other Local Agen~i~ O Yes ~ No Other Regional Agencies ~ Yes ~ No S~ata Agenci~ ~ Yes ~ No Fed~el Agencfes ~ Yes ~ No Type Subm~al Date Co--qD_G_ervation Subdivision 9/2010 Conservation Subdivision 10/2010 C. ZONiNG and PLANNING INFORMATION 1· Does proposed act[on involve a planning or zoning de~slon? ~ Yes im No If Yes, indicate decision required: [] zoning amendment rq zoning v~riance [] special uae permit I~ subdivision [] site plan ' [] neW/revision of mas~er plan [] resource management alan [] other 2. What is the zoning classification(s) of the eke? A-C ;3. What is the maximum potential development of the site if developed as permitted by the present zoning? 18 Lots What is the proposed zoning of the site? lq.A. What is the maximum potential development of the e~e if developed as permitted by the proposed zoning? lq.A. 6. Is the proposed action consistent with the rer~mmended uses ]n adopted local land use plans? ~[ Yea [] No ?. What are the predominant land uae(s) and zoning classifications within a 1/4, mile ~ad;us of proposed action? ~and Uses: Residential, Agriculture; Zoning: A-C S. I~ the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile?, ~ Yes [] No 9, If the proposed action is the subdivi$1on of land, how manylots are.proposed? ~ ( 1 agricultural lot with a. What i~ the minimum lot size proposed? 60,213 sc~. ft. no r'es~oeRces ) 10. W~II proposed a~on require any authorization(si for the formation of ~wer or water di~ricts? ~ Yes ~ No 11. W~ll ~e, proposed action cr~te a demand for any communi~ provided so,ices (recreation, education, police, fire prote~ion)? ~ Yes O No a. If yes, Js exi~ing capacfIy suff;clen: ~o handle projected demand? ~ Yes Q No 12. Will the proposed action result in the generation of traff;~ significantly above prsse~ leVe~s? ~ Yes ~ No a. If yes, is the existing road network adequate to handle ~e additional ~affic? ~ Yes ~ No NOV. 30. 2010'"12:55PM NO, 398 P, 6 D. lafe~ti~a~l D~t~il$ Attach Shy ~ddhional information as may be needed to clarify your project_ If there are, or may be, any adverse impacts sssoc/at'ed With your proposal, please discuss such impacts and the measures which you propose to mkigate or avoid ~hem. E. Verification I ¢er[if¥ that the information provided above is true to the best of my kr~owledge. Appl[can~/Spo~eor3~.ame YOLUIg & YO~g Att~: Th~s C. Wol~rt, ~'~Ate Sept. 22, 2010 If ~e a~ ~ in ~e Coastal ~ea, ~d you am a s~e agency, cOmplete the Coa~al Asse~e~t Fe~ b~ore proce~ing with 11/16/2010 16:05 JOHN P. TAGGART, ESQ. 6317277451 PETER LAW OFFICES PETER $, D^NOWSKI, JR, 616 ROANOKE AVENUE RIVERHEAD, NY 11901 (631) 727-4900 FAX (6;31) 727-7451 Jtaggart@danowskllaw,com PAGE 01/04 T~LECOMMU~IICATION COVER SHEET ]~ CHARGEABLE TIME SLIP PREPARA~ION~R C~ M ME~SENOE~ POSTED DATE ELECTRONIC TRANSMITTAL 'THIS TF~ANSMISSION MA Y CONTAIN INFORMATION WHICH 13 PRIVILEGED AND CONFIDENTIAL AND SUBJECT TO LEGAL RESTRICTIONS AND PENALTIES REGARDING ITS DISCLOSURE OR OTHER ,'./SE. YOU ARE PROHIBITED FROM COPYING, DISTRIBUTING OR O THERt4flSE USING THIS INPORMA TIDN IF YOU ARE NOT THE INTENDED RECIPIENT. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN ERROR, P£EASE NOTIFY U$ IMMEDIA TEL Y AND RETURN THE ORIGIN,4L TO US BY SECURE MEANS WITHOUT MAKING A COPY. THANK YOU. 11/16/2010 16;85 B217277451 PETER S DANOWSKI PAGE 82/84 JOHN P. TAGGART, LAW OFFICES PETER S. D^NOWSKi, 616 ROANOKE AVENUE RIVERHEAO, NY 11E01 (63~) 727-4900 FAX (631 ~ 727-7451 E-Metl: Ddanowskl@denowskllaw.com Itaggad~danowsl(llew.com September 28, 2010 Southold Town Board 54375 State Route 25 Southold, ~IY 11971-0959 Re: Maria and MicbaeFDemchak - Sale of Development Right:: to Town of $outhold and Creation of Ope~l Development Area SCTM #1000 - 84- - 01 - 11 and I000 - 84 ~ 01 - 12.2 Dear Sir or Madam: As your Board knows, the Town is now urlder contTact to purchase development rights from the greater portion of the agricultural land with regard to the above identified parcels. After a good deal of discussions with Town Planning Staffand the office of the Land Preservation, a sketch plan is being submitted to the Southold Town Planning Board, I am advised that the within Petition shol~ld be filed to keep the Town Board apprised of the fact that once sketch plan approval h~s been granted, that tJ~e Town Board can then promptly act on the Petition to create the open development area. My client would then like to close on the sale of development ~ ights, hopefully before the end ofth~s yea~, Very truly yours; PSD:gsg Encl. cc: Maria and Michael Demchak Young & Young PETER S, DANOWSKI, JIt~ 11/16/2010 16:~5 6317277451 PETER S D~NOWSKI P~GE ~3/04 pETITION The undersigned do hereby petition the Southold ToWn Board to establish an open development area as proposed oil the enclosed plans prepared by the office of YoUngand Young. MARIA DEMCHAI( MICHAEL DEMCIqAK 11/16,/'2818 f 16:05 631Zz~,.4Jl PETER S DAttOWSKI PAGE 84104 STATE OF NEW YORK J ) SS.; COUNTY OF SUFFOLK) MARIA DEMCHAK told MICHAEL DEMCHAK, each being duly sworn, say; We are the Petitioners herein; we have read the foregoing Petition and know the contents thereof; the same is true to our own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters we believe it to be true. MARIA DEMCNAK MICHAEL DEMCHAK Sworn to before me tilis ~ day Of September, 2010 bhc ? I \ / Ii~VELOPMENT A~EA C, ON~Et~¥ATION A P-,,E A I,I&I,E~21. CP 2&.&'71"T AG 51 i E DATA TOTAL Af~EA = NOTICE This document is NOT a filed ,~ubdivision map pursusnt to Sec, · the FILE FILED JAN 0 7 2011 Judith A. Pascale CLEEK OF SUFFOLK COUNI'Y .~lt~.Vb-'r'O~.'5 GER. TIFI,GATION OD'A MAP % HIGHAEL I::~'MGHAK-. ~ MAR. IA DEHC, HAK. at ~ut;chocjue, To~n oP Dod:hold OPEN ~EMELOPMENT AREA ] IOOO 94 Gl II Scale= I" = lO0' FILED JAN O? 2011 FILED ODA MAP HIGH~ ~AK 4 HARIA ~AK ~olk Oounb~, No~ York ] OPEN DEVELOPMENT A~A